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A bill to be entitled

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An act relating to public records; creating s. 893.056,

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F.S.; exempting from public-records requirements

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information and records reported to any agency that has

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access to or operates the privacy-protected website

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containing patients' medication histories; authorizing

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certain persons and entities access to patient-identifying

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information; providing guidelines for the use of such

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information and penalties for violations; providing for

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future legislative review and repeal; providing a finding

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of public necessity; providing a contingent effective

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date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 893.056, Florida Statutes, is created to

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read:

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     893.056 Public-records exemption for information and

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records of a privacy-protected website containing patients'

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medication histories.--

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     (1) Identifying information, including, but not limited to,

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the name, address, phone number, insurance plan number, social

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security number, or government-issued identification number,

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provider number, Drug Enforcement Administration number, or any

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other unique identifying number of a patient, patient's agent,

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health care practitioner, pharmacist, pharmacist's agent, or

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pharmacy, which is contained in records held by any agency, as

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defined in s. 119.011, having access to or operating the privacy-

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protected website for patients' medication histories pursuant to

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s. 893.055 is confidential and exempt from s. 119.07(1) and s.

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24(a), Art. I of the State Constitution.

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     (2) Any agency, as defined in s. 119.011, which has access

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to or operates the privacy-protected website for patients'

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medication histories pursuant to s. 893.055 shall disclose such

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confidential and exempt information to:

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     (a) The Agency for Health Care Administration when it has

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initiated a review of specific identifiers of Medicaid fraud and

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abuse.

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     (b) A criminal justice agency, as defined in s. 119.011,

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which enforces the laws of this state or the United States

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relating to controlled substances and which has initiated an

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active investigation involving a specific violation of law.

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     (c) A practitioner as defined in s. 893.02, or an employee

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of the practitioner who is acting on behalf of and at the

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direction of the practitioner, who requests such information and

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certifies that the information is necessary to provide medical

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treatment to a current patient in accordance with s. 893.05.

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     (d) A pharmacist as defined in s. 465.003, or a pharmacy

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intern or pharmacy technician who is acting on behalf of and at

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the direction of the pharmacist, who requests such information

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and certifies that the requested information will be used to

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dispense controlled substances or prescription drugs to a current

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patient in accordance with s. 893.04.

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     (e) A patient who is identified in the record upon a

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written request for the purpose of verifying that information.

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     (3) Any agency that obtains such confidential and exempt

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information pursuant to this section must maintain the

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confidential and exempt status of that information; however, the

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Agency for Health Care Administration or a criminal justice

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agency that has lawful access to such information may disclose

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confidential and exempt information to a criminal justice agency

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as part of an active investigation of a specific violation of

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law.

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     (4) Any person who willfully and knowingly violates this

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section commits a felony of the third degree, punishable as

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provided in s. 775.082 or s. 775.083.

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     (5) This section is subject to the Open Government Sunset

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Review Act in accordance with s. 119.15, and shall stand repealed

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on October 2, 2013, unless reviewed and saved from repeal through

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reenactment by the Legislature.

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     Section 2. The Legislature finds that it is a public

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necessity that personal identifying information concerning a

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patient, the medication history of a patient, a practitioner as

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defined in s. 893.02, Florida Statutes, or a pharmacist as

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defined in s. 465.003, Florida Statutes, which is contained in

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records that are reported to an agency, as defined in s.

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119.011(2), Florida Statutes, which has access to or operates the

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privacy-protected website for patients' medication histories

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pursuant to s. 893.055, Florida Statutes, be made confidential

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and exempt from disclosure. Information concerning the

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prescriptions that a patient has been prescribed is a private,

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personal matter between the patient, the practitioner, and the

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pharmacist. Nevertheless, reporting of prescriptions on a timely

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and accurate basis by practitioners and pharmacists will ensure

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the ability of the state to review and provide oversight of

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prescribing and dispensing practices. Further, the reporting of

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this information will facilitate investigations and prosecutions

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of violations of state drug laws by patients, practitioners, or

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pharmacists, thereby increasing compliance with those laws.

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However, if in the process the information that would identify a

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patient is not made confidential and exempt from disclosure, any

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person could inspect and copy the record and be aware of the

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patient's prescriptions. The availability of such information to

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the public would result in the invasion of the patient's privacy.

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If the identity of the patient could be correlated with his or

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her prescriptions, it would be possible for the public to become

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aware of the diseases or other medical concerns for which a

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patient is being treated by his or her physician. This knowledge

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could be used to embarrass or to humiliate a patient or to

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discriminate against him or her. Requiring the reporting of

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prescribing information, while protecting a patient's personal

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identifying information, will facilitate efforts to maintain

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compliance with the state's drug laws and will facilitate the

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sharing of information between health care practitioners,

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pharmacies, and pharmacists, while maintaining and ensuring

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patient privacy. Additionally, exempting from disclosure the

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personal identifying information of practitioners will ensure

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that an individual will not be able to "doctor-shop," that is, to

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determine which practitioners prescribe the highest amounts of a

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particular type of drug and to seek those practitioners out in

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order to increase the likelihood of obtaining a particular

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prescribed substance. Further, protecting personal identifying

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information concerning pharmacists ensures that an individual

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will not be able to identify which pharmacists dispense the

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largest amounts of a particular substance and target that

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pharmacy for robbery or burglary. Thus, the Legislature finds

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that personal identifying information concerning a patient, a

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practitioner as defined in s. 893.02, Florida Statutes, or a

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pharmacist as defined in s. 465.003, Florida Statutes, contained

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in records that are maintained as provided in s. 893.055, Florida

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Statutes, must be confidential and exempt from disclosure.

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     Section 3.  This act shall take effect July 1, 2008, if

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Senate Bill ___, or similar legislation establishing a privacy-

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protected website containing patients' medication histories, is

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adopted in the same legislative session or an extension thereof

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and becomes law.