HB 1243

1
A bill to be entitled
2An act relating to public records; creating s. 893.056,
3F.S.; exempting from public records requirements
4information and records reported to the Department of
5Health under the electronic monitoring system for
6prescription of controlled substances listed in Schedules
7II-IV; authorizing certain persons and entities access to
8patient-identifying information; providing guidelines for
9the use of such information and penalties for violations;
10providing for future legislative review and repeal;
11providing a finding of public necessity; providing a
12contingent effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Section 893.056, Florida Statutes, is created
17to read:
18     893.056  Public records exemption for the electronic-
19monitoring system for prescription of controlled substances
20listed in Schedule II, Schedule III, or Schedule IV.--
21     (1)  Identifying information, including, but not limited
22to, the name, address, phone number, insurance plan number,
23social security number or government-issued identification
24number, provider number, Drug Enforcement Administration number,
25or any other unique identifying number of a patient, patient's
26agent, health care practitioner, pharmacist, pharmacist's agent,
27or pharmacy which is contained in records held by the Department
28of Health or any other agency as defined in s. 119.011(2) under
29s. 893.055, the electronic-monitoring system for prescription of
30controlled substances, is confidential and exempt from s.
31119.07(1) and s. 24(a), Art. I of the State Constitution.
32     (2)  The Department of Health shall disclose such
33confidential and exempt information to:
34     (a)  The Agency for Health Care Administration when it has
35initiated a review of specific identifiers of Medicaid fraud and
36abuse.
37     (b)  A criminal justice agency, as defined in s.
38119.011(4), which enforces the laws of this state or the United
39States relating to controlled substances and which has initiated
40an active investigation involving a specific violation of law.
41     (c)  A practitioner as defined in s. 893.02(19), or an
42employee of the practitioner who is acting on behalf of and at
43the direction of the practitioner, who requests such information
44and certifies that the information is necessary to provide
45medical treatment to a current patient in accordance with s.
46893.05.
47     (d)  A pharmacist as defined in s. 465.003(10), or a
48pharmacy intern or pharmacy technician who is acting on behalf
49of and at the direction of the pharmacist, who requests such
50information and certifies that the requested information will be
51used to dispense controlled substances to a current patient in
52accordance with s. 893.04.
53     (e)  A patient who is identified in the record upon a
54written request for the purpose of verifying that information.
55     (3)  Any agency that obtains such confidential and exempt
56information pursuant to this section must maintain the
57confidential and exempt status of that information; however, the
58Agency for Health Care Administration or a criminal justice
59agency that has lawful access to such information may disclose
60confidential and exempt information received from the Department
61of Health to a criminal justice agency as part of an active
62investigation of a specific violation of law.
63     (4)  Any person who willfully and knowingly violates this
64section commits a felony of the third degree, punishable as
65provided in s. 775.082 or s. 775.083.
66     (5)  This section is subject to the Open Government Sunset
67Review Act in accordance with s. 119.15 and shall stand repealed
68on October 2, 2013, unless reviewed and saved from repeal
69through reenactment by the Legislature.
70     Section 2.  The Legislature finds that it is a public
71necessity that personal identifying information of a patient, a
72practitioner as defined in s. 893.02(19), Florida Statutes, or a
73pharmacist as defined in s. 465.003(10), Florida Statutes,
74contained in records that are reported to the Department of
75Health under s. 893.055, Florida Statutes, the electronic-
76monitoring system for prescription of controlled substances, be
77made confidential and exempt from disclosure. Information
78concerning the prescriptions that a patient has been prescribed
79is a private, personal matter between the patient, the
80practitioner, and the pharmacist. Nevertheless, reporting of
81prescriptions on a timely and accurate basis by practitioners
82and pharmacists will ensure the ability of the state to review
83and provide oversight of prescribing and dispensing practices.
84Further, the reporting of this information will facilitate
85investigations and prosecutions of violations of state drug laws
86by patients, practitioners, or pharmacists, thereby increasing
87compliance with those laws. However, if in the process the
88information that would identify a patient is not made
89confidential and exempt from disclosure, any person could
90inspect and copy the record and be aware of the patient's
91prescriptions. The availability of such information to the
92public would result in the invasion of the patient's privacy. If
93the identity of the patient could be correlated with his or her
94prescriptions, it would be possible for the public to become
95aware of the diseases or other medical concerns for which a
96patient is being treated by his or her physician. This knowledge
97could be used to embarrass or to humiliate a patient or to
98discriminate against him or her. Requiring the reporting of
99prescribing information, while protecting a patient's personal
100identifying information, will facilitate efforts to maintain
101compliance with the state's drug laws and will facilitate the
102sharing of information between health care practitioners and
103pharmacists, while maintaining and ensuring patient privacy.
104Additionally, exempting from disclosure the personal identifying
105information of practitioners will ensure that an individual will
106not be able to "doctor-shop," that is to determine which
107practitioners prescribe the highest amount of a particular type
108of drug and to seek those practitioners out in order to increase
109the likelihood of obtaining a particular prescribed substance.
110Further, protecting personal identifying information of
111pharmacists ensures that an individual will not be able to
112identify which pharmacists dispense the largest amount of a
113particular substance and target that pharmacy for robbery or
114burglary. Thus, the Legislature finds that personal identifying
115information of a patient, a practitioner as defined in s.
116893.02(19), Florida Statutes, or a pharmacist as defined in s.
117465.003(10), Florida Statutes, contained in records reported
118under s. 893.055, Florida Statutes, must be confidential and
119exempt from disclosure.
120     Section 3.  This act shall take effect July 1, 2008, if
121House Bill 1011, or similar legislation establishing an
122electronic system to monitor the prescribing of controlled
123substances, is adopted in the same legislative session or an
124extension thereof and becomes law.


CODING: Words stricken are deletions; words underlined are additions.