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A bill to be entitled

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An act relating to prescription drug history; repealing s.

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408.0611, F.S., relating to an electronic drug prescribing

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clearinghouse; creating s. 893.055, F.S.; providing

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definitions; requiring the Agency for Health Care

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Administration to contract with a vendor to design and

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operate a website that gives health care practitioners,

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pharmacies, and pharmacists access to patient medication

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history through a privacy-protected website; requiring the

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contracted vendor to subcontract with organizations that

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currently operate electronic prescribing networks;

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requiring the contracted vendor to comply with state and

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federal privacy laws; requiring the vendor to create a

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verification system to check the validity of licenses for

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each health care practitioner, pharmacist, and pharmacy

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accessing the website; authorizing a pharmacy or

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pharmacist to use the website to obtain only the

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medication history of patients in dispensing certain

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drugs; prohibiting the pharmacist or pharmacy from

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accessing pharmacy-identifying information through the

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website; prohibiting recovery of damages against a health

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care practitioner, pharmacist, or pharmacy for accessing

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or failing to access information from the website;

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providing for disciplinary action; providing that a

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contractor is liable in tort for the improper release of a

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patient's confidential information from the website;

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providing that sovereign immunity may not be raised by the

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contractor or the insurer of that contractor as a defense

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in tort regarding the application of confidential

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information from the website or for breach of contract;

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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 408.0611, Florida Statutes, is repealed.

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     Section 2.  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 3.  This act shall take effect July 1, 2008, if

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Senate Bill _____, or similar legislation, is adopted in the same

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legislative session or an extension thereof and becomes law.