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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 the Department of

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Health under the electronic monitoring system for

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prescription of controlled substances listed in Schedules

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II-IV; authorizing certain persons and entities access to

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patient-identifying information; providing guidelines for

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the use of such information and penalties for violations;

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providing for future legislative review and repeal;

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providing a finding of public necessity; providing a

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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 893.056, Florida Statutes, is created to

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read:

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     893.056 Public-records exemption for the electronic-

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monitoring system for prescription of controlled substances

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listed in Schedule II, Schedule III, or Schedule IV.--

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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 the Department of

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Health or any other agency as defined in s. 119.011(2) under s.

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893.055, the electronic-monitoring system for prescription of

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controlled substances, is confidential and exempt from s.

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119.07(1) and s. 24(a), Art. I of the State Constitution.

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     (2) The Department of Health 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(4),

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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(19), or an

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

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the direction of the practitioner, who requests such information

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and certifies that the information is necessary to provide

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medical treatment to a current patient in accordance with s.

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893.05.

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     (d) A pharmacist as defined in s. 465.003(10), or a

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pharmacy intern or pharmacy technician who is acting on behalf of

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and at the direction of the pharmacist, who requests such

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information and certifies that the requested information will be

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used to dispense controlled substances to a current patient in

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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 received from the Department

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of Health to a criminal justice agency as part of an active

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investigation of a specific violation of 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 of a patient, a

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practitioner as defined in s. 893.02(19), Florida Statutes, or a

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pharmacist as defined in s. 465.003(10), Florida Statutes,

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contained in records that are reported to the Department of

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Health under s. 893.055, Florida Statutes, the electronic-

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monitoring system for prescription of controlled substances, be

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made confidential and exempt from disclosure. Information

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concerning the prescriptions that a patient has been prescribed

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is a private, personal matter between the patient, the

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practitioner, and the pharmacist. Nevertheless, reporting of

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prescriptions on a timely and accurate basis by practitioners and

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pharmacists will ensure the ability of the state to review and

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provide oversight of prescribing and dispensing practices.

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Further, the reporting of this information will facilitate

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investigations and prosecutions of violations of state drug laws

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by patients, practitioners, or pharmacists, thereby increasing

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compliance with those laws. However, if in the process the

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information that would identify a patient is not made

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confidential and exempt from disclosure, any person could inspect

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and copy the record and be aware of the patient's prescriptions.

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The availability of such information to the public would result

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in the invasion of the patient's privacy. If the identity of the

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patient could be correlated with his or her prescriptions, it

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would be possible for the public to become aware of the diseases

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or other medical concerns for which a patient is being treated by

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his or her physician. This knowledge could be used to embarrass

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or to humiliate a patient or to discriminate against him or her.

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Requiring the reporting of prescribing information, while

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protecting a patient's personal identifying information, will

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facilitate efforts to maintain compliance with the state's drug

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laws and will facilitate the sharing of information between

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health care practitioners and pharmacists, while maintaining and

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ensuring patient privacy. Additionally, exempting from disclosure

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the 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 amount 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 of pharmacists ensures that an individual will not be

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able to identify which pharmacists dispense the largest amount of

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a particular substance and target that pharmacy for robbery or

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burglary. Thus, the Legislature finds that personal identifying

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information of a patient, a practitioner as defined in s.

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893.02(19), Florida Statutes, or a pharmacist as defined in s.

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465.003(10), Florida Statutes, contained in records reported

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under s. 893.055, Florida Statutes, must be confidential and

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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 an

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electronic system to monitor the prescribing of controlled

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substances, is adopted in the same legislative session or an

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extension thereof and becomes law.