1 | A bill to be entitled |
2 | An act relating to public records; creating s. 893.056, |
3 | F.S.; exempting from public records requirements |
4 | information and records reported to the Department of |
5 | Health under the electronic monitoring system for |
6 | prescription of controlled substances listed in Schedules |
7 | II-IV; authorizing certain persons and entities access to |
8 | patient-identifying information; providing guidelines for |
9 | the use of such information and penalties for violations; |
10 | providing for future legislative review and repeal; |
11 | providing a finding of public necessity; providing a |
12 | contingent effective date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
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16 | Section 1. Section 893.056, Florida Statutes, is created |
17 | to read: |
18 | 893.056 Public records exemption for the electronic- |
19 | monitoring system for prescription of controlled substances |
20 | listed in Schedule II, Schedule III, or Schedule IV.-- |
21 | (1) Identifying information, including, but not limited |
22 | to, the name, address, phone number, insurance plan number, |
23 | social security number or government-issued identification |
24 | number, provider number, Drug Enforcement Administration number, |
25 | or any other unique identifying number of a patient, patient's |
26 | agent, health care practitioner, pharmacist, pharmacist's agent, |
27 | or pharmacy which is contained in records held by the Department |
28 | of Health or any other agency as defined in s. 119.011(2) under |
29 | s. 893.055, the electronic-monitoring system for prescription of |
30 | controlled substances, is confidential and exempt from s. |
31 | 119.07(1) and s. 24(a), Art. I of the State Constitution. |
32 | (2) The Department of Health shall disclose such |
33 | confidential and exempt information to: |
34 | (a) The Agency for Health Care Administration when it has |
35 | initiated a review of specific identifiers of Medicaid fraud and |
36 | abuse. |
37 | (b) A criminal justice agency, as defined in s. |
38 | 119.011(4), which enforces the laws of this state or the United |
39 | States relating to controlled substances and which has initiated |
40 | an active investigation involving a specific violation of law. |
41 | (c) A practitioner as defined in s. 893.02(19), or an |
42 | employee of the practitioner who is acting on behalf of and at |
43 | the direction of the practitioner, who requests such information |
44 | and certifies that the information is necessary to provide |
45 | medical treatment to a current patient in accordance with s. |
46 | 893.05. |
47 | (d) A pharmacist as defined in s. 465.003(10), or a |
48 | pharmacy intern or pharmacy technician who is acting on behalf |
49 | of and at the direction of the pharmacist, who requests such |
50 | information and certifies that the requested information will be |
51 | used to dispense controlled substances to a current patient in |
52 | accordance with s. 893.04. |
53 | (e) A patient who is identified in the record upon a |
54 | written request for the purpose of verifying that information. |
55 | (3) Any agency that obtains such confidential and exempt |
56 | information pursuant to this section must maintain the |
57 | confidential and exempt status of that information; however, the |
58 | Agency for Health Care Administration or a criminal justice |
59 | agency that has lawful access to such information may disclose |
60 | confidential and exempt information received from the Department |
61 | of Health to a criminal justice agency as part of an active |
62 | investigation of a specific violation of law. |
63 | (4) Any person who willfully and knowingly violates this |
64 | section commits a felony of the third degree, punishable as |
65 | provided in s. 775.082 or s. 775.083. |
66 | (5) This section is subject to the Open Government Sunset |
67 | Review Act in accordance with s. 119.15 and shall stand repealed |
68 | on October 2, 2013, unless reviewed and saved from repeal |
69 | through reenactment by the Legislature. |
70 | Section 2. The Legislature finds that it is a public |
71 | necessity that personal identifying information of a patient, a |
72 | practitioner as defined in s. 893.02(19), Florida Statutes, or a |
73 | pharmacist as defined in s. 465.003(10), Florida Statutes, |
74 | contained in records that are reported to the Department of |
75 | Health under s. 893.055, Florida Statutes, the electronic- |
76 | monitoring system for prescription of controlled substances, be |
77 | made confidential and exempt from disclosure. Information |
78 | concerning the prescriptions that a patient has been prescribed |
79 | is a private, personal matter between the patient, the |
80 | practitioner, and the pharmacist. Nevertheless, reporting of |
81 | prescriptions on a timely and accurate basis by practitioners |
82 | and pharmacists will ensure the ability of the state to review |
83 | and provide oversight of prescribing and dispensing practices. |
84 | Further, the reporting of this information will facilitate |
85 | investigations and prosecutions of violations of state drug laws |
86 | by patients, practitioners, or pharmacists, thereby increasing |
87 | compliance with those laws. However, if in the process the |
88 | information that would identify a patient is not made |
89 | confidential and exempt from disclosure, any person could |
90 | inspect and copy the record and be aware of the patient's |
91 | prescriptions. The availability of such information to the |
92 | public would result in the invasion of the patient's privacy. If |
93 | the identity of the patient could be correlated with his or her |
94 | prescriptions, it would be possible for the public to become |
95 | aware of the diseases or other medical concerns for which a |
96 | patient is being treated by his or her physician. This knowledge |
97 | could be used to embarrass or to humiliate a patient or to |
98 | discriminate against him or her. Requiring the reporting of |
99 | prescribing information, while protecting a patient's personal |
100 | identifying information, will facilitate efforts to maintain |
101 | compliance with the state's drug laws and will facilitate the |
102 | sharing of information between health care practitioners and |
103 | pharmacists, while maintaining and ensuring patient privacy. |
104 | Additionally, exempting from disclosure the personal identifying |
105 | information of practitioners will ensure that an individual will |
106 | not be able to "doctor-shop," that is to determine which |
107 | practitioners prescribe the highest amount of a particular type |
108 | of drug and to seek those practitioners out in order to increase |
109 | the likelihood of obtaining a particular prescribed substance. |
110 | Further, protecting personal identifying information of |
111 | pharmacists ensures that an individual will not be able to |
112 | identify which pharmacists dispense the largest amount of a |
113 | particular substance and target that pharmacy for robbery or |
114 | burglary. Thus, the Legislature finds that personal identifying |
115 | information of a patient, a practitioner as defined in s. |
116 | 893.02(19), Florida Statutes, or a pharmacist as defined in s. |
117 | 465.003(10), Florida Statutes, contained in records reported |
118 | under s. 893.055, Florida Statutes, must be confidential and |
119 | exempt from disclosure. |
120 | Section 3. This act shall take effect July 1, 2008, if |
121 | House Bill 1011, or similar legislation establishing an |
122 | electronic system to monitor the prescribing of controlled |
123 | substances, is adopted in the same legislative session or an |
124 | extension thereof and becomes law. |