HB 1015

1
A bill to be entitled
2An act relating to a prescription drug validation program;
3creating s. 893.055, F.S.; providing definitions;
4requiring the Department of Health to establish a
5comprehensive electronic system to monitor the prescribing
6and dispensing of certain controlled substances; requiring
7specified prescribing and dispensing information to be
8reported to the electronic system; requiring the
9department, in conjunction with specified organizations,
10to adopt rules concerning requirements for data to be
11submitted according to a reasonable person standard;
12providing a reporting period; providing for department
13review of the feasibility of reducing the reporting period
14after a specified date; providing for implementation of a
15shorter reporting period; providing exemptions from
16participation in the system; providing for suspension of
17reporting during declared emergencies; requiring all
18nonexempt pharmacists, pharmacies, dispensing physicians,
19or prescribing and dispensing health care practitioners to
20submit information in a prescribed format; providing that
21the cost to the dispenser in submitting the information
22required may not be material or extraordinary; providing
23that specified costs are not material or extraordinary;
24limiting access to the system; providing for use of data
25for specified purposes; requiring compliance with state
26and federal privacy and security laws; requiring the
27reporting of certain performance measures; providing
28criminal penalties for violations; requiring that all
29costs incurred by the department for the program be paid
30through a federal grant or through available private
31funding sources; requiring the Office of Drug Control, in
32coordination with the department, to establish a direct-
33support organization; providing a definition; providing
34for a board of directors appointed by the director of the
35Office of Drug Control; providing contract requirements;
36authorizing certain activities and expenditures of the
37direct-support organization; providing requirements for
38the use of certain facilities and services; providing for
39audits; prohibiting the direct-support organization from
40exercising certain powers; establishing that a prescribing
41health care practitioner, dispensing physician, or
42pharmacist is not liable for use of the department-
43provided controlled substances prescription information of
44a patient; requiring a study of the feasibility of
45enhancing the prescription drug validation program for
46specified purposes; requiring certain persons to present
47specified identification to obtain prescriptions;
48providing for recordkeeping for certain transactions;
49requiring the Agency for Health Care Administration to
50continue implementation of electronic prescribing and an
51electronic prescribing clearinghouse; requiring
52rulemaking; establishing a Program Implementation and
53Oversight Workgroup; providing for membership; providing
54for reimbursement of certain member expenses; providing
55for meetings; providing purposes; requiring reports;
56providing for the creation, membership, and duties of
57subcommittees; providing for a final report and
58termination of the workgroup; providing an effective date.
59
60     WHEREAS, as has been advocated by numerous pain management
61experts, addiction medicine experts, pharmacists, and law
62enforcement personnel, a prescription drug validation program
63that provides for reporting and advisory information is
64established pursuant to this act to serve as a means to promote
65the public health and welfare and to detect and prevent
66controlled substance abuse and diversion, and
67     WHEREAS, while the importance and necessity of the proper
68prescribing, dispensing, and monitoring of controlled
69substances, particularly pain medication, have been established,
70controlled prescription drugs are too often diverted in this
71state, often through fraudulent means, including outright theft,
72phony pharmacy fronts, loose Internet medical evaluations, and
73inappropriate importation; in addition, there is a criminal
74element that facilitates the prescription drug abuse epidemic
75through illegal profitmaking from the diversion of certain
76controlled substances that are prescribed or dispensed by
77physicians, health care practitioners, and pharmacists, and
78     WHEREAS, in 2007, 8,620 drug-related deaths occurred in
79this state, 3,159 of which were caused by the abuse of
80prescription drugs, an average of nearly 9 Floridians dying each
81day from prescription drug abuse; Schedule IV benzodiazepines,
82such as Xanax and Valium, were found to be present in more drug-
83related deaths than cocaine; and opiate pain medications
84contribute to increasing numbers of drug-related deaths, and
85     WHEREAS, pharmaceutical drug diversion hurts this state
86significantly in terms of lost lives, increased crime, human
87misery from addiction, and ballooning health care costs
88connected to treatment, medical expenses, and Medicaid fraud
89that all Floridians ultimately bear, and
90     WHEREAS, the intent of this act is not to interfere with
91the legitimate medical use of controlled substances; however,
92the people of this state are in need of and will benefit from a
93secure and privacy-protected statewide electronic system of
94specified prescription drug medication information created
95primarily to encourage safer controlled substance prescription
96decisions that reduce the number of prescription drug overdoses
97and the number of drug overdose deaths; to educate and inform
98health care practitioners and provide an added tool in patient
99care, including appropriate treatment for patients who have
100become addicted; to guide public health initiatives to educate
101the population on the dangers of misusing prescription drugs; to
102prevent the abuse or diversion of prescribed controlled
103substances; and to ensure that those who need prescribed
104controlled substances receive them in a manner that protects
105patient confidentiality, and
106     WHEREAS, while certain medicines are very helpful if
107properly prescribed to a patient in need and then used as
108prescribed, they may be dangerous or even deadly if improperly
109dispensed, misused, or diverted, and
110     WHEREAS, it is the intent of the Legislature to encourage
111patient safety, responsible pain management, and proper access
112to useful prescription drugs that are prescribed by a
113knowledgeable, properly licensed health care practitioner who
114dispenses prescription drugs and that are dispensed by a
115pharmacist who is made aware of the patient's prescription drug
116medication history, thus preventing, in some cases, an abuse or
117addiction problem from developing or worsening, making such a
118problem possible or easier to identify, and facilitating the
119order of appropriate medical treatment or referral, and
120     WHEREAS, a Program Implementation and Oversight Workgroup
121will provide information to the Governor and Legislature
122regarding the implementation of the program, and
123     WHEREAS, such an electronic system will also aid
124administrative and law enforcement agencies in ongoing
125controlled drug-related investigations, maintaining such
126information for any such investigation with a reasonable, good
127faith anticipation of securing an arrest or prosecution in the
128foreseeable future, NOW, THEREFORE,
129
130Be It Enacted by the Legislature of the State of Florida:
131
132     Section 1.  Section 893.055, Florida Statutes, is created
133to read:
134     893.055  Prescription drug validation program.--
135     (1)  As used in this section, the term:
136     (a)  "Advisory report" means information provided by the
137department in writing to a prescriber, dispenser, pharmacy, or
138patient concerning the dispensing of controlled substances. All
139advisory reports are for informational purposes only and impose
140no obligations of any nature or any legal duty on a prescriber,
141dispenser, pharmacy, or patient. The advisory reports issued by
142the department are not subject to discovery or introduction into
143evidence in any civil or administrative action against a
144prescriber, dispenser, pharmacy, or patient arising out of the
145matters that are the subject of the report, and no person who
146participates in preparing an advisory report is permitted or
147required to testify in any such civil action as to any findings,
148recommendations, evaluations, opinions, or other actions taken
149in connection with preparing such a report.
150     (b)  "Controlled substance" means a controlled substance
151listed in Schedule II, Schedule III, or Schedule IV in s.
152893.03.
153     (c)  "Department" means the Department of Health.
154     (d)  "Dispenser" means a dispensing pharmacist or
155dispensing health care practitioner.
156     (e)  "Health care practitioner" or "practitioner" means any
157practitioner subject to licensure or regulation by the
158department under chapter 458, chapter 459, chapter 461, or
159chapter 466.
160     (f)  "Pharmacy" means any pharmacy subject to licensure or
161regulation by the department under chapter 465 that dispenses or
162delivers a controlled substance to a patient in this state.
163     (g)  "Prescriber" means a prescribing physician or other
164prescribing health care practitioner.
165     (2)(a)  By December 1, 2010, the department shall design
166and establish a comprehensive electronic system that has
167controlled substance prescriptions provided to it and that
168provides prescription information and, as determined by the
169department, may provide advisory reports to authorized
170pharmacists, pharmacies, prescribing practitioners, and
171dispensing health care practitioners. The system shall be
172designed to provide information regarding the prescription of
173controlled substances in order to prevent the inadvertent,
174improper, or illegal use of controlled substances and shall not
175infringe upon the legitimate prescribing of a controlled
176substance by a prescribing practitioner, dispensing pharmacist,
177or dispensing practitioner acting in good faith and in the
178course of professional practice. The system shall be consistent
179with standards of the American Society for Automation in
180Pharmacy for the validation of prescribing and dispensing
181controlled substances to an individual. The electronic system
182shall also comply with the Health Insurance Portability and
183Accountability Act (HIPAA) as it pertains to protected health
184information (PHI) and electronic protected health information
185(EPHI). The validating of prescribed controlled substances shall
186include a dispensing transaction with a dispenser not located in
187this state but is otherwise subject to the jurisdiction of this
188state as to that dispensing transaction.
189     (b)  The department shall adopt rules concerning the
190reporting, evaluation, management, and storage of information
191within the system, including rules for when information is
192provided to pharmacies, prescribers, health care practitioners,
193health care regulatory boards, and law enforcement, and such
194rules shall be developed with a reasonable person standard for
195prescription drug dispensers and prescribers. The department
196shall work with the professional health care licensure boards
197and other appropriate organizations, such as health care
198associations, including those relating to pain management, the
199Florida Prosecuting Attorneys Association, the Florida
200Association of Criminal Defense Lawyers, the Attorney General,
201the Department of Law Enforcement, and the Agency for Health
202Care Administration, to develop the reasonable person standard
203for rules appropriate for the prescription drug validation
204program.
205     (c)  All dispensers and prescribers subject to such
206reporting requirements shall be notified by the department of
207the implementation date for such reporting requirements.
208     (3)  The pharmacist-in-charge of each pharmacy, regarding
209each controlled substance dispensed by a pharmacist under the
210supervision of the pharmacist-in-charge, and each prescriber who
211directly dispenses a controlled substance shall submit to the
212electronic system, by a procedure and in a format established by
213the department, the following minimum information for inclusion
214in the database:
215     (a)  The name of the prescribing practitioner and the
216practitioner's federal Drug Enforcement Administration
217registration number, the practitioner's National Provider
218Identification (NPI) or other appropriate identifier, and the
219date of the prescription.
220     (b)  The date the prescription was filled and the method of
221payment therefor, including cash. This paragraph does not
222authorize the department to include individual credit card or
223other account numbers in the database.
224     (c)  The name, address, and date of birth of the person for
225whom the prescription was written.
226     (d)  The name, national drug code, quantity, and strength
227of the controlled substance dispensed.
228     (e)  The name and address of the pharmacy or other location
229from which the controlled substance was dispensed.
230     (f)  The name of the pharmacist or practitioner dispensing
231the controlled substance, the practitioner's National Provider
232Identification (NPI), and other appropriate identifying
233information as determined by department rule.
234     (4)  Each time a controlled substance is dispensed to an
235individual, the controlled substance shall be reported to the
236department through the system as soon thereafter as possible,
237but not more than 15 days after the date the controlled
238substance is dispensed. One year after the date dispensers begin
239providing information to the electronic system, the department
240shall assess the feasibility of reducing the period in which the
241controlled substance information must be submitted after it is
242dispensed. If a shorter reporting period is appropriate, the
243department shall implement such reporting period after
244notification to dispensers. A dispenser must meet the reporting
245requirements of this section by providing the required
246information concerning each controlled substance that it
247dispensed in a department-approved methodology and format. Such
248approved formats may include, but are not limited to, electronic
249submission via the Internet or on disc.
250     (5)  The following are exempt from this section when
251administering controlled substances:
252     (a)  A health care practitioner administering a controlled
253substance directly to a patient if the amount of the controlled
254substance is adequate to treat the patient during that
255particular treatment session.
256     (b)  A pharmacist or health care practitioner administering
257a controlled substance to a patient or resident receiving care
258as an admitted patient at a hospital, nursing home, hospice, or
259intermediate care facility for the developmentally disabled that
260is licensed in this state.
261     (c)  A person administering a controlled substance in the
262health care system of the Department of Corrections.
263     (d)  A person administering a controlled substance in the
264emergency room of a licensed hospital.
265     (e)  A pharmacist or health care practitioner administering
266a controlled substance to a person under the age of 16.
267     (6)  The department may suspend requirements for reporting
268dispensing information to the electronic system of controlled
269prescription drugs during a state-declared or nationally
270declared disaster.
271     (7)(a)  A practitioner or pharmacist who dispenses a
272controlled substance must submit the information required by
273this section in an electronic or other format approved by rule
274of the department. The cost to the dispenser in submitting the
275information required by this section may not be material or
276extraordinary. Costs not considered to be material or
277extraordinary include, but are not limited to, regular postage,
278electronic media, regular electronic mail, and facsimile
279charges.
280     (b)  A pharmacy, prescriber, or dispenser may access
281information in the prescription drug validation program's
282electronic system that relates to a patient of that pharmacy,
283prescriber, or dispenser for the purpose of reviewing the
284patient's controlled drug prescription history to ensure a
285proper standard of care. Other access to the program's
286electronic system shall be limited to the program's manager and
287designated program staff, who may act only in the absence of the
288program manager. Access by the program manager or such
289designated staff is only for prescription drug management and
290for management of the database. Confidential and exempt
291information in the database shall only be released as provided
292in s. 893.0551.
293     (c)  All transmissions of data required by this section
294must comply with relevant state and federal privacy and security
295laws and regulations.
296     (8)  To assist in fulfilling the program responsibilities,
297performance measures shall be reported annually by the
298department each December 1, beginning in 2011. Data that does
299not contain patient, physician, health care practitioner, or
300dispenser identifying information may be requested during the
301year by department employees so that the department may
302undertake public health care and safety initiatives that take
303advantage of observed trends. Performance measures may include,
304but are not limited to, efforts to achieve the following
305outcomes:
306     (a)  Reduction of the rate of inappropriate use of
307prescription drugs through department education and safety
308efforts.
309     (b)  Reduction of the quantity of pharmaceutical controlled
310substances obtained by individuals attempting to engage in fraud
311and deceit.
312     (c)  Increased coordination among prescription drug
313validation program partners.
314     (d)  Involvement of stakeholders in achieving improved
315patient health care and reduction of prescription drug abuse and
316prescription drug diversion.
317     (9)  Any person who knowingly fails to report the
318dispensing of a controlled substance as required by this section
319commits a misdemeanor of the first degree, punishable as
320provided in s. 775.082 or s. 775.083.
321     (10)  All costs incurred by the department in administering
322the prescription drug validation program shall be reimbursed
323through federal or private grant funding applied for or received
324by the state. The department and state government shall
325cooperate in seeking federal grant funds, other nonstate grant
326funds, gifts, donations, or other private moneys for the
327department so long as the costs of doing so are not considered
328material. Nonmaterial cost for this purpose include, but are not
329limited to, the costs of mailing and personnel assigned to
330research or apply for a grant.
331     (11)  The Office of Drug Control, in coordination with the
332department, shall establish a direct-support organization to
333provide assistance, funding, and promotional support for the
334activities authorized for the prescription drug validation
335program.
336     (a)  As used in this subsection, the term "direct-support
337organization" means an organization that is:
338     1.  A Florida corporation not for profit incorporated under
339chapter 617, exempted from filing fees, and approved by the
340Department of State.
341     2.  Organized and operated to conduct programs and
342activities; raise funds; request and receive grants, gifts, and
343bequests of money; acquire, receive, hold, and invest, in its
344own name, securities, funds, objects of value, or other
345property, either real or personal; and make expenditures to or
346for the direct or indirect benefit of the department in the
347furtherance of the prescription drug validation program.
348     (b)  The direct-support organization is not considered a
349lobbying firm within the meaning of s. 11.045.
350     (c)  The director of the Office of Drug Control shall
351appoint a board of directors for the direct-support
352organization. The director may designate employees of the Office
353of Drug Control and any state agency, other than the Department
354of Health, to serve on such board. Members of the board shall
355serve at the pleasure of the director of the Office of Drug
356Control.
357     (d)  The direct-support organization may operate under
358written contract with the Office of Drug Control. The contract
359must provide for:
360     1.  Approval of the articles of incorporation and bylaws of
361the direct-support organization by the Office of Drug Control.
362     2.  Submission of an annual budget for the approval of the
363Office of Drug Control.
364     3.  Certification by the Office of Drug Control in
365consultation with the department that the direct-support
366organization is complying with the terms of the contract in a
367manner consistent with and in furtherance of the goals and
368purposes of the prescription drug validation program and in the
369best interest of the state. Such certification must be made
370annually and reported in the official minutes of a meeting of
371the direct-support organization.
372     4.  The reversion, without penalty, to the Office of Drug
373Control, or to the state if the Office of Drug Control ceases to
374exist, of all moneys and property held in trust by the direct-
375support organization for the benefit of the prescription drug
376validation program if the direct-support organization ceases to
377exist or if the contract is terminated.
378     5.  The fiscal year of the direct-support organization,
379which must begin July 1 of each year and end June 30 of the
380following year.
381     6.  The disclosure of the material provisions of the
382contract to donors of gifts, contributions, or bequests,
383including such disclosure on all promotional and fundraising
384publications, and an explanation to such donors of the
385distinction between the Office of Drug Control and the direct-
386support organization.
387     (e)  The direct-support organization is specifically
388authorized to collect and expend funds to be used for the
389functions of the direct-support organization's board of
390directors, as necessary; establishing and administering the
391prescription drug validation program's electronic database,
392including hardware, software, and personnel; conducting studies
393on the efficiency and effectiveness of the program; providing
394funds for future enhancements of the program within the intent
395of this section; providing health care practitioner education,
396including distribution of materials to promote public awareness
397and education and conducting workshops or other meetings; travel
398expenses; administrative costs, including personnel, audits,
399facilities, and equipment; and all other requirements necessary
400to establish the program as outlined in this section.
401     (f)  The activities of the direct-support organization must
402be consistent with the goals and mission of the Office of Drug
403Control, as determined by the office in consultation with the
404department, and in the best interests of the state. The direct-
405support organization must obtain a written approval from the
406director of the Office of Drug Control for any activities in
407support of the prescription drug validation program before
408undertaking those activities.
409     (g)  The Office of Drug Control, in consultation with the
410department, may permit, without charge, appropriate use of
411administrative services, property, and facilities of the Office
412of Drug Control and the department by the direct-support
413organization, subject to this section. The use must be directly
414in keeping with the approved purposes of the direct-support
415organization and may not be made at times or places that would
416unreasonably interfere with opportunities for the public to use
417such facilities for established purposes. Any moneys received
418from rentals of facilities and properties managed by the Office
419of Drug Control and the department may be held by the Office of
420Drug Control or in a separate depository account in the name of
421the direct-support organization and subject to the provisions of
422the letter of agreement with the Office of Drug Control. The
423letter of agreement must provide that any funds held in the
424separate depository account in the name of the direct-support
425organization must revert to the Office of Drug Control if the
426direct-support organization is no longer approved by the Office
427of Drug Control to operate in the best interests of the state.
428     (h)  The Office of Drug Control, in consultation with the
429department, may adopt requirements with which a direct-support
430organization must comply in order to use department and Office
431of Drug Control administrative services, property, or
432facilities.
433     (i)  The Office of Drug Control may not permit the use of
434any administrative services, property, or facilities of the
435state by a direct-support organization if that organization does
436not provide equal membership and employment opportunities to all
437persons regardless of race, color, religion, sex, age, or
438national origin.
439     (j)  The direct-support organization shall provide for an
440independent annual financial audit in accordance with s.
441215.981. Copies of the audit shall be provided to the Office of
442Drug Control and the Office of Policy and Budget in the
443Executive Office of the Governor.
444     (k)  The direct-support organization may not exercise any
445power under s. 617.0302(12) or (16).
446     (12)  A prescriber or dispenser is authorized access to the
447information under this section for his or her patient for his or
448her review of the patient's controlled drug prescription history
449to ensure a proper standard of care. A prescriber or dispenser
450acting in good faith is immune from any civil, criminal, or
451administrative liability that might otherwise be incurred or
452imposed for receiving or using information from the prescription
453drug validation program. This subsection does not create a
454private cause of action, and a person may not recover damages
455against a prescriber or dispenser authorized to access
456information under this subsection for accessing or failing to
457access such information.
458     (13)  To the extent that funding is provided for such
459purpose through federal or private grants or gifts and other
460types of available moneys, the department, in collaboration with
461the Office of Drug Control, shall study the feasibility of
462enhancing the prescription drug validation program for the
463purposes of public health initiatives and statistical reporting
464that respects the privacy of the patient, the prescriber, and
465the dispenser. Such a study shall be conducted in order to
466further improve the quality of health care services and safety
467by improving prescription drug prescribing practices, taking
468advantage of advances in technology, reducing duplicative
469prescriptions and the overprescribing of prescription drugs, and
470reducing drug abuse. In addition, the direct-support
471organization shall provide funding for the department, in
472collaboration with the Office of Drug Control, to conduct
473training for health care practitioners and other appropriate
474persons in using the program to support the program
475enhancements.
476     (14)  A pharmacist, pharmacy, or dispensing health care
477practitioner or his or her agent, prior to releasing a
478controlled substance to any person not known to such dispenser,
479shall require the person purchasing, receiving, or otherwise
480acquiring the controlled substance to present valid photographic
481identification or other verification of his or her identity to
482the dispenser. If the person does not have proper
483identification, the dispenser may verify the validity of the
484prescription and the identity of the patient with the prescriber
485or his or her authorized agent, or by a method determined by the
486department, before dispensing the controlled substance. The
487person purchasing, receiving, or otherwise acquiring the
488controlled substance does not have to be the specific patient to
489whom the prescription is prescribed. A record shall be
490maintained for 2 years of the person acquiring the controlled
491substance, which record shall include the person's name and
492signature using the proper identification. This subsection does
493not apply in an institutional setting or to a long-term care
494facility, including, but not limited to, an assisted living
495facility or a hospital to which patients are admitted. As used
496in this subsection, the term "proper identification" means a
497government-issued identification containing the person's
498picture, printed name, and signature.
499     (15)  The Agency for Health Care Administration shall
500continue the implementation of electronic prescribing by health
501care practitioners, health care facilities, and pharmacies under
502s. 408.061 and the electronic prescribing clearinghouse
503collaboration with the private sector under s. 408.0611.
504     (16)  By October 1, 2010, the department shall adopt rules
505pursuant to ss. 120.536(1) and 120.54 to implement the
506provisions of this section, including rules governing access to
507the database.
508     Section 2.  (1)  The Program Implementation and Oversight
509Workgroup is created within the Executive Office of the
510Governor. The director of the Office of Drug Control shall be a
511nonvoting, ex officio member of the workgroup and shall act as
512chair. The Office of Drug Control and the Department of Health
513shall provide staff support for the workgroup.
514     (a)  The following state officials shall serve on the
515workgroup:
516     1.  The Attorney General or his or her designee.
517     2.  The Secretary of Children and Family Services or his or
518her designee.
519     3.  The Secretary of Health Care Administration or his or
520her designee.
521     4.  The State Surgeon General or his or her designee.
522     (b)  In addition, the Governor shall appoint nine members
523of the public to serve on the workgroup. Of these nine appointed
524members, one member must have professional or occupational
525expertise in computer security; one member must be a licensed,
526board-certified oncologist; one member must be a licensed,
527board-certified, fellowship-trained physician who has experience
528in pain management; one member must have professional or
529occupational expertise in e-Prescribing or prescription drug
530validation programs; one member must be a licensed, board-
531certified pharmacist with professional or occupational expertise
532in pharmacy operations; one member must have professional or
533occupational expertise in law enforcement with experience in
534prescription drug investigations; one member must have
535professional or occupational expertise as an epidemiologist with
536a background in tracking and analyzing drug trends; and two
537members must have professional or occupational expertise as
538providers of substance abuse treatment, with priority given to a
539member who is a former substance abuser.
540     (c)  Members appointed by the Governor shall be appointed
541to a term of 3 years each. Any vacancy on the workgroup shall be
542filled in the same manner as the original appointment, and any
543member appointed to fill a vacancy shall serve only for the
544unexpired term of the member's predecessor.
545     (d)  Members of the workgroup and members of subcommittees
546appointed under subsection (4) shall serve without compensation
547but are entitled to reimbursement for per diem and travel
548expenses as provided in s. 112.061, Florida Statutes.
549     (e)  The workgroup shall meet at least quarterly or upon
550the call of the chair.
551     (2)  The purpose of the workgroup is to monitor the
552implementation and safeguarding of the electronic system
553established for the prescription drug validation program under
554s. 893.055, Florida Statutes, and to ensure privacy, protection
555of individual medication history, and the electronic system's
556appropriate use by physicians, dispensers, pharmacies, law
557enforcement, and those authorized to request information from
558the electronic system.
559     (3)  The Office of Drug Control shall submit a report to
560the Governor, the President of the Senate, and the Speaker of
561the House of Representatives by December 1 of each year that
562contains a summary of the work of the workgroup during that year
563and the recommendations developed in accordance with the
564workgroup's purpose as provided in subsection (2). Interim
565reports may be submitted at the discretion of the chair.
566     (4)  The chair of the workgroup shall appoint subcommittees
567that include members of state agencies that are not represented
568on the workgroup for the purpose of soliciting input and
569recommendations from those state agencies as needed by the
570workgroup to accomplish its purposes. In addition, the chair may
571appoint subcommittees as necessary from among the members of the
572workgroup in order to efficiently address specific issues. If a
573state agency is to be represented on any subcommittee, the
574representative shall be the head of the agency or his or her
575designee. The chair may designate lead and contributing agencies
576within a subcommittee.
577     (5)  The workgroup shall provide a final report in
578accordance with the workgroup's purpose as provided in
579subsection (2) on July 1, 2012, to the Governor, the President
580of the Senate, and the Speaker of the House of Representatives.
581Such report may only be prepared using data that does not
582identify a patient or dispenser. The workgroup shall expire and
583this section is repealed on that date.
584     Section 3.  This act shall take effect July 1, 2009.


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