Florida Senate - 2008 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB's 1550 & 2724
478680
588-06059-08
Proposed Committee Substitute by the Committee on Health
Regulation
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A bill to be entitled
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An act relating to prescription drug history; creating s.
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893.055, F.S.; providing definitions; requiring the Agency
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for Health Care Administration to contract with a vendor
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to design and operate a website that gives health care
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practitioners, pharmacies, and pharmacists access to
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patient medication history through a privacy-protected
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website; requiring the contracted vendor to subcontract
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with organizations that currently operate electronic
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prescribing networks; requiring the contracted vendor to
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comply with state and federal privacy laws; requiring the
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vendor to create a verification system to check the
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validity of licenses for each health care practitioner,
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pharmacist, and pharmacy accessing the website;
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authorizing a pharmacy or pharmacist to use the website to
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obtain only the medication history of patients in
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dispensing certain drugs; prohibiting the pharmacist or
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pharmacy from accessing pharmacy-identifying information
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through the website; prohibiting recovery of damages
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against a health care practitioner, pharmacist, or
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pharmacy for accessing or failing to access information
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from the website; providing for disciplinary action;
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providing that a contractor is liable in tort for the
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improper release of a patient's confidential information
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from the website; providing that sovereign immunity may
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not be raised by the contractor or the insurer of that
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contractor as a defense in tort regarding the application
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of confidential information from the website or for breach
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of contract; providing a contingent effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 893.055, Florida Statutes, is created to
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read:
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893.055 Prescription drug history.--
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(1) As used in this section, the term:
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(a) "Agency" means the Agency for Health Care
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Administration.
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(b) "Department" means the Department of Health.
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(c) "Federal privacy laws" means the provisions relating to
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the disclosure of patient privacy information under federal law,
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including, but not limited to, the Health Insurance Portability
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and Accountability Act of 1996, Pub. L. No. 104-91, and its
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implementing regulations, the Federal Privacy Act, 5 U.S.C. s.
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552(a), and its implementing regulations, and any other federal
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law, including, but not limited to, federal common law and
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decisional law that would prohibit the disclosure of patient
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privacy information.
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(d) "Health care practitioner" means, with the exception of
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a pharmacist, a practitioner licensed under chapter 456 and
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authorized by law to prescribe drugs.
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(e) "Pharmacy" means a pharmacy subject to licensure or
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regulation by the department under chapter 465 which dispenses or
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delivers a controlled substance listed in Schedule II, Schedule
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III, or Schedule IV to a patient in this state.
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(2)(a) By June 30, 2009, the agency shall contract with a
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vendor to design and operate a secure, privacy-protected website
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that provides a health care practitioner, pharmacy, or pharmacist
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access to comprehensive patient medication history. In order to
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provide comprehensive patient medication history, the agency
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shall require the contracted vendor to subcontract with private-
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sector organizations that currently operate electronic
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prescribing networks that provide such medication history.
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(b) The contracted vendor shall comply with all applicable
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state and federal privacy laws and maintain the website within
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the United States.
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(c) The contracted vendor shall create a system to verify
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with the department that each health care practitioner, pharmacy,
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or pharmacist requesting access to the website holds a valid,
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active license.
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(3) A health care practitioner authorized to access the
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website may use the website only to obtain medication history for
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a current patient for prescribing purposes with the written
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permission of the patient.
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(4) A pharmacy or pharmacist authorized to access the
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website may use the website only to obtain medication history in
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dispensing a current prescription for Schedule II, Schedule III,
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or Schedule IV medicinal drugs with the written permission of the
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patient. The pharmacy or pharmacist may not have access to
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pharmacy-identifying information within a patient's medication
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history.
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(5) A person may not recover damages against a health care
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practitioner, pharmacy, or pharmacist authorized to obtain
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information under this section for accessing or failing to access
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such information.
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(6) A violation of this section by a health care
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practitioner, pharmacy, or pharmacist constitutes grounds for
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disciplinary action under each respective licensing chapter and
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s. 456.072(1)(k).
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(7) Any contractor entering into a contract under this
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section is liable in tort for the improper release of any
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confidential information received, in addition to any breach of
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contract liability. Sovereign immunity may not be raised by the
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contractor, or the insurer of that contractor on the contractor's
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behalf, as a defense in any action arising out of the performance
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of any contract entered into under this section, as a defense in
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tort, in any other application regarding the maintenance of
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confidentiality of information, or for any breach of contract.
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Section 2. This act shall take effect July 1, 2008, if CS
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for SB's 1540 & 2782, or similar legislation, is adopted in the
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same legislative session or an extension thereof and becomes law.