1 | A bill to be entitled |
2 | An act relating to a prescription drug validation program; |
3 | creating s. 893.055, F.S.; providing definitions; |
4 | requiring the Department of Health to establish a |
5 | comprehensive electronic system to monitor the prescribing |
6 | and dispensing of certain controlled substances; requiring |
7 | specified prescribing and dispensing information to be |
8 | reported to the electronic system; requiring the |
9 | department, in conjunction with specified organizations, |
10 | to adopt rules concerning requirements for data to be |
11 | submitted according to a reasonable person standard; |
12 | providing a reporting period; providing for department |
13 | review of the feasibility of reducing the reporting period |
14 | after a specified date; providing for implementation of a |
15 | shorter reporting period; providing exemptions from |
16 | participation in the system; providing for suspension of |
17 | reporting during declared emergencies; requiring all |
18 | nonexempt pharmacists, pharmacies, dispensing physicians, |
19 | or prescribing and dispensing health care practitioners to |
20 | submit information in a prescribed format; providing that |
21 | the cost to the dispenser in submitting the information |
22 | required may not be material or extraordinary; providing |
23 | that specified costs are not material or extraordinary; |
24 | limiting access to the system; providing for use of data |
25 | for specified purposes; requiring compliance with state |
26 | and federal privacy and security laws; requiring the |
27 | reporting of certain performance measures; providing |
28 | criminal penalties for violations; requiring that all |
29 | costs incurred by the department for the program be paid |
30 | through a federal grant or through available private |
31 | funding sources; requiring the Office of Drug Control, in |
32 | coordination with the department, to establish a direct- |
33 | support organization; providing a definition; providing |
34 | for a board of directors appointed by the director of the |
35 | Office of Drug Control; providing contract requirements; |
36 | authorizing certain activities and expenditures of the |
37 | direct-support organization; providing requirements for |
38 | the use of certain facilities and services; providing for |
39 | audits; prohibiting the direct-support organization from |
40 | exercising certain powers; establishing that a prescribing |
41 | health care practitioner, dispensing physician, or |
42 | pharmacist is not liable for use of the department- |
43 | provided controlled substances prescription information of |
44 | a patient; requiring a study of the feasibility of |
45 | enhancing the prescription drug validation program for |
46 | specified purposes; requiring certain persons to present |
47 | specified identification to obtain prescriptions; |
48 | providing for recordkeeping for certain transactions; |
49 | requiring the Agency for Health Care Administration to |
50 | continue implementation of electronic prescribing and an |
51 | electronic prescribing clearinghouse; requiring |
52 | rulemaking; establishing a Program Implementation and |
53 | Oversight Workgroup; providing for membership; providing |
54 | for reimbursement of certain member expenses; providing |
55 | for meetings; providing purposes; requiring reports; |
56 | providing for the creation, membership, and duties of |
57 | subcommittees; providing for a final report and |
58 | termination of the workgroup; providing an effective date. |
59 |
|
60 | WHEREAS, as has been advocated by numerous pain management |
61 | experts, addiction medicine experts, pharmacists, and law |
62 | enforcement personnel, a prescription drug validation program |
63 | that provides for reporting and advisory information is |
64 | established pursuant to this act to serve as a means to promote |
65 | the public health and welfare and to detect and prevent |
66 | controlled substance abuse and diversion, and |
67 | WHEREAS, while the importance and necessity of the proper |
68 | prescribing, dispensing, and monitoring of controlled |
69 | substances, particularly pain medication, have been established, |
70 | controlled prescription drugs are too often diverted in this |
71 | state, often through fraudulent means, including outright theft, |
72 | phony pharmacy fronts, loose Internet medical evaluations, and |
73 | inappropriate importation; in addition, there is a criminal |
74 | element that facilitates the prescription drug abuse epidemic |
75 | through illegal profitmaking from the diversion of certain |
76 | controlled substances that are prescribed or dispensed by |
77 | physicians, health care practitioners, and pharmacists, and |
78 | WHEREAS, in 2007, 8,620 drug-related deaths occurred in |
79 | this state, 3,159 of which were caused by the abuse of |
80 | prescription drugs, an average of nearly 9 Floridians dying each |
81 | day from prescription drug abuse; Schedule IV benzodiazepines, |
82 | such as Xanax and Valium, were found to be present in more drug- |
83 | related deaths than cocaine; and opiate pain medications |
84 | contribute to increasing numbers of drug-related deaths, and |
85 | WHEREAS, pharmaceutical drug diversion hurts this state |
86 | significantly in terms of lost lives, increased crime, human |
87 | misery from addiction, and ballooning health care costs |
88 | connected to treatment, medical expenses, and Medicaid fraud |
89 | that all Floridians ultimately bear, and |
90 | WHEREAS, the intent of this act is not to interfere with |
91 | the legitimate medical use of controlled substances; however, |
92 | the people of this state are in need of and will benefit from a |
93 | secure and privacy-protected statewide electronic system of |
94 | specified prescription drug medication information created |
95 | primarily to encourage safer controlled substance prescription |
96 | decisions that reduce the number of prescription drug overdoses |
97 | and the number of drug overdose deaths; to educate and inform |
98 | health care practitioners and provide an added tool in patient |
99 | care, including appropriate treatment for patients who have |
100 | become addicted; to guide public health initiatives to educate |
101 | the population on the dangers of misusing prescription drugs; to |
102 | prevent the abuse or diversion of prescribed controlled |
103 | substances; and to ensure that those who need prescribed |
104 | controlled substances receive them in a manner that protects |
105 | patient confidentiality, and |
106 | WHEREAS, while certain medicines are very helpful if |
107 | properly prescribed to a patient in need and then used as |
108 | prescribed, they may be dangerous or even deadly if improperly |
109 | dispensed, misused, or diverted, and |
110 | WHEREAS, it is the intent of the Legislature to encourage |
111 | patient safety, responsible pain management, and proper access |
112 | to useful prescription drugs that are prescribed by a |
113 | knowledgeable, properly licensed health care practitioner who |
114 | dispenses prescription drugs and that are dispensed by a |
115 | pharmacist who is made aware of the patient's prescription drug |
116 | medication history, thus preventing, in some cases, an abuse or |
117 | addiction problem from developing or worsening, making such a |
118 | problem possible or easier to identify, and facilitating the |
119 | order of appropriate medical treatment or referral, and |
120 | WHEREAS, a Program Implementation and Oversight Workgroup |
121 | will provide information to the Governor and Legislature |
122 | regarding the implementation of the program, and |
123 | WHEREAS, such an electronic system will also aid |
124 | administrative and law enforcement agencies in ongoing |
125 | controlled drug-related investigations, maintaining such |
126 | information for any such investigation with a reasonable, good |
127 | faith anticipation of securing an arrest or prosecution in the |
128 | foreseeable future, NOW, THEREFORE, |
129 |
|
130 | Be It Enacted by the Legislature of the State of Florida: |
131 |
|
132 | Section 1. Section 893.055, Florida Statutes, is created |
133 | to 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 |
137 | department in writing to a prescriber, dispenser, pharmacy, or |
138 | patient concerning the dispensing of controlled substances. All |
139 | advisory reports are for informational purposes only and impose |
140 | no obligations of any nature or any legal duty on a prescriber, |
141 | dispenser, pharmacy, or patient. The advisory reports issued by |
142 | the department are not subject to discovery or introduction into |
143 | evidence in any civil or administrative action against a |
144 | prescriber, dispenser, pharmacy, or patient arising out of the |
145 | matters that are the subject of the report, and no person who |
146 | participates in preparing an advisory report is permitted or |
147 | required to testify in any such civil action as to any findings, |
148 | recommendations, evaluations, opinions, or other actions taken |
149 | in connection with preparing such a report. |
150 | (b) "Controlled substance" means a controlled substance |
151 | listed in Schedule II, Schedule III, or Schedule IV in s. |
152 | 893.03. |
153 | (c) "Department" means the Department of Health. |
154 | (d) "Dispenser" means a dispensing pharmacist or |
155 | dispensing health care practitioner. |
156 | (e) "Health care practitioner" or "practitioner" means any |
157 | practitioner subject to licensure or regulation by the |
158 | department under chapter 458, chapter 459, chapter 461, or |
159 | chapter 466. |
160 | (f) "Pharmacy" means any pharmacy subject to licensure or |
161 | regulation by the department under chapter 465 that dispenses or |
162 | delivers a controlled substance to a patient in this state. |
163 | (g) "Prescriber" means a prescribing physician or other |
164 | prescribing health care practitioner. |
165 | (2)(a) By December 1, 2010, the department shall design |
166 | and establish a comprehensive electronic system that has |
167 | controlled substance prescriptions provided to it and that |
168 | provides prescription information and, as determined by the |
169 | department, may provide advisory reports to authorized |
170 | pharmacists, pharmacies, prescribing practitioners, and |
171 | dispensing health care practitioners. The system shall be |
172 | designed to provide information regarding the prescription of |
173 | controlled substances in order to prevent the inadvertent, |
174 | improper, or illegal use of controlled substances and shall not |
175 | infringe upon the legitimate prescribing of a controlled |
176 | substance by a prescribing practitioner, dispensing pharmacist, |
177 | or dispensing practitioner acting in good faith and in the |
178 | course of professional practice. The system shall be consistent |
179 | with standards of the American Society for Automation in |
180 | Pharmacy for the validation of prescribing and dispensing |
181 | controlled substances to an individual. The electronic system |
182 | shall also comply with the Health Insurance Portability and |
183 | Accountability Act (HIPAA) as it pertains to protected health |
184 | information (PHI) and electronic protected health information |
185 | (EPHI). The validating of prescribed controlled substances shall |
186 | include a dispensing transaction with a dispenser not located in |
187 | this state but is otherwise subject to the jurisdiction of this |
188 | state as to that dispensing transaction. |
189 | (b) The department shall adopt rules concerning the |
190 | reporting, evaluation, management, and storage of information |
191 | within the system, including rules for when information is |
192 | provided to pharmacies, prescribers, health care practitioners, |
193 | health care regulatory boards, and law enforcement, and such |
194 | rules shall be developed with a reasonable person standard for |
195 | prescription drug dispensers and prescribers. The department |
196 | shall work with the professional health care licensure boards |
197 | and other appropriate organizations, such as health care |
198 | associations, including those relating to pain management, the |
199 | Florida Prosecuting Attorneys Association, the Florida |
200 | Association of Criminal Defense Lawyers, the Attorney General, |
201 | the Department of Law Enforcement, and the Agency for Health |
202 | Care Administration, to develop the reasonable person standard |
203 | for rules appropriate for the prescription drug validation |
204 | program. |
205 | (c) All dispensers and prescribers subject to such |
206 | reporting requirements shall be notified by the department of |
207 | the implementation date for such reporting requirements. |
208 | (3) The pharmacist-in-charge of each pharmacy, regarding |
209 | each controlled substance dispensed by a pharmacist under the |
210 | supervision of the pharmacist-in-charge, and each prescriber who |
211 | directly dispenses a controlled substance shall submit to the |
212 | electronic system, by a procedure and in a format established by |
213 | the department, the following minimum information for inclusion |
214 | in the database: |
215 | (a) The name of the prescribing practitioner and the |
216 | practitioner's federal Drug Enforcement Administration |
217 | registration number, the practitioner's National Provider |
218 | Identification (NPI) or other appropriate identifier, and the |
219 | date of the prescription. |
220 | (b) The date the prescription was filled and the method of |
221 | payment therefor, including cash. This paragraph does not |
222 | authorize the department to include individual credit card or |
223 | other account numbers in the database. |
224 | (c) The name, address, and date of birth of the person for |
225 | whom the prescription was written. |
226 | (d) The name, national drug code, quantity, and strength |
227 | of the controlled substance dispensed. |
228 | (e) The name and address of the pharmacy or other location |
229 | from which the controlled substance was dispensed. |
230 | (f) The name of the pharmacist or practitioner dispensing |
231 | the controlled substance, the practitioner's National Provider |
232 | Identification (NPI), and other appropriate identifying |
233 | information as determined by department rule. |
234 | (4) Each time a controlled substance is dispensed to an |
235 | individual, the controlled substance shall be reported to the |
236 | department through the system as soon thereafter as possible, |
237 | but not more than 15 days after the date the controlled |
238 | substance is dispensed. One year after the date dispensers begin |
239 | providing information to the electronic system, the department |
240 | shall assess the feasibility of reducing the period in which the |
241 | controlled substance information must be submitted after it is |
242 | dispensed. If a shorter reporting period is appropriate, the |
243 | department shall implement such reporting period after |
244 | notification to dispensers. A dispenser must meet the reporting |
245 | requirements of this section by providing the required |
246 | information concerning each controlled substance that it |
247 | dispensed in a department-approved methodology and format. Such |
248 | approved formats may include, but are not limited to, electronic |
249 | submission via the Internet or on disc. |
250 | (5) The following are exempt from this section when |
251 | administering controlled substances: |
252 | (a) A health care practitioner administering a controlled |
253 | substance directly to a patient if the amount of the controlled |
254 | substance is adequate to treat the patient during that |
255 | particular treatment session. |
256 | (b) A pharmacist or health care practitioner administering |
257 | a controlled substance to a patient or resident receiving care |
258 | as an admitted patient at a hospital, nursing home, hospice, or |
259 | intermediate care facility for the developmentally disabled that |
260 | is licensed in this state. |
261 | (c) A person administering a controlled substance in the |
262 | health care system of the Department of Corrections. |
263 | (d) A person administering a controlled substance in the |
264 | emergency room of a licensed hospital. |
265 | (e) A pharmacist or health care practitioner administering |
266 | a controlled substance to a person under the age of 16. |
267 | (6) The department may suspend requirements for reporting |
268 | dispensing information to the electronic system of controlled |
269 | prescription drugs during a state-declared or nationally |
270 | declared disaster. |
271 | (7)(a) A practitioner or pharmacist who dispenses a |
272 | controlled substance must submit the information required by |
273 | this section in an electronic or other format approved by rule |
274 | of the department. The cost to the dispenser in submitting the |
275 | information required by this section may not be material or |
276 | extraordinary. Costs not considered to be material or |
277 | extraordinary include, but are not limited to, regular postage, |
278 | electronic media, regular electronic mail, and facsimile |
279 | charges. |
280 | (b) A pharmacy, prescriber, or dispenser may access |
281 | information in the prescription drug validation program's |
282 | electronic system that relates to a patient of that pharmacy, |
283 | prescriber, or dispenser for the purpose of reviewing the |
284 | patient's controlled drug prescription history to ensure a |
285 | proper standard of care. Other access to the program's |
286 | electronic system shall be limited to the program's manager and |
287 | designated program staff, who may act only in the absence of the |
288 | program manager. Access by the program manager or such |
289 | designated staff is only for prescription drug management and |
290 | for management of the database. Confidential and exempt |
291 | information in the database shall only be released as provided |
292 | in s. 893.0551. |
293 | (c) All transmissions of data required by this section |
294 | must comply with relevant state and federal privacy and security |
295 | laws and regulations. |
296 | (8) To assist in fulfilling the program responsibilities, |
297 | performance measures shall be reported annually by the |
298 | department each December 1, beginning in 2011. Data that does |
299 | not contain patient, physician, health care practitioner, or |
300 | dispenser identifying information may be requested during the |
301 | year by department employees so that the department may |
302 | undertake public health care and safety initiatives that take |
303 | advantage of observed trends. Performance measures may include, |
304 | but are not limited to, efforts to achieve the following |
305 | outcomes: |
306 | (a) Reduction of the rate of inappropriate use of |
307 | prescription drugs through department education and safety |
308 | efforts. |
309 | (b) Reduction of the quantity of pharmaceutical controlled |
310 | substances obtained by individuals attempting to engage in fraud |
311 | and deceit. |
312 | (c) Increased coordination among prescription drug |
313 | validation program partners. |
314 | (d) Involvement of stakeholders in achieving improved |
315 | patient health care and reduction of prescription drug abuse and |
316 | prescription drug diversion. |
317 | (9) Any person who knowingly fails to report the |
318 | dispensing of a controlled substance as required by this section |
319 | commits a misdemeanor of the first degree, punishable as |
320 | provided in s. 775.082 or s. 775.083. |
321 | (10) All costs incurred by the department in administering |
322 | the prescription drug validation program shall be reimbursed |
323 | through federal or private grant funding applied for or received |
324 | by the state. The department and state government shall |
325 | cooperate in seeking federal grant funds, other nonstate grant |
326 | funds, gifts, donations, or other private moneys for the |
327 | department so long as the costs of doing so are not considered |
328 | material. Nonmaterial cost for this purpose include, but are not |
329 | limited to, the costs of mailing and personnel assigned to |
330 | research or apply for a grant. |
331 | (11) The Office of Drug Control, in coordination with the |
332 | department, shall establish a direct-support organization to |
333 | provide assistance, funding, and promotional support for the |
334 | activities authorized for the prescription drug validation |
335 | program. |
336 | (a) As used in this subsection, the term "direct-support |
337 | organization" means an organization that is: |
338 | 1. A Florida corporation not for profit incorporated under |
339 | chapter 617, exempted from filing fees, and approved by the |
340 | Department of State. |
341 | 2. Organized and operated to conduct programs and |
342 | activities; raise funds; request and receive grants, gifts, and |
343 | bequests of money; acquire, receive, hold, and invest, in its |
344 | own name, securities, funds, objects of value, or other |
345 | property, either real or personal; and make expenditures to or |
346 | for the direct or indirect benefit of the department in the |
347 | furtherance of the prescription drug validation program. |
348 | (b) The direct-support organization is not considered a |
349 | lobbying firm within the meaning of s. 11.045. |
350 | (c) The director of the Office of Drug Control shall |
351 | appoint a board of directors for the direct-support |
352 | organization. The director may designate employees of the Office |
353 | of Drug Control and any state agency, other than the Department |
354 | of Health, to serve on such board. Members of the board shall |
355 | serve at the pleasure of the director of the Office of Drug |
356 | Control. |
357 | (d) The direct-support organization may operate under |
358 | written contract with the Office of Drug Control. The contract |
359 | must provide for: |
360 | 1. Approval of the articles of incorporation and bylaws of |
361 | the direct-support organization by the Office of Drug Control. |
362 | 2. Submission of an annual budget for the approval of the |
363 | Office of Drug Control. |
364 | 3. Certification by the Office of Drug Control in |
365 | consultation with the department that the direct-support |
366 | organization is complying with the terms of the contract in a |
367 | manner consistent with and in furtherance of the goals and |
368 | purposes of the prescription drug validation program and in the |
369 | best interest of the state. Such certification must be made |
370 | annually and reported in the official minutes of a meeting of |
371 | the direct-support organization. |
372 | 4. The reversion, without penalty, to the Office of Drug |
373 | Control, or to the state if the Office of Drug Control ceases to |
374 | exist, of all moneys and property held in trust by the direct- |
375 | support organization for the benefit of the prescription drug |
376 | validation program if the direct-support organization ceases to |
377 | exist or if the contract is terminated. |
378 | 5. The fiscal year of the direct-support organization, |
379 | which must begin July 1 of each year and end June 30 of the |
380 | following year. |
381 | 6. The disclosure of the material provisions of the |
382 | contract to donors of gifts, contributions, or bequests, |
383 | including such disclosure on all promotional and fundraising |
384 | publications, and an explanation to such donors of the |
385 | distinction between the Office of Drug Control and the direct- |
386 | support organization. |
387 | (e) The direct-support organization is specifically |
388 | authorized to collect and expend funds to be used for the |
389 | functions of the direct-support organization's board of |
390 | directors, as necessary; establishing and administering the |
391 | prescription drug validation program's electronic database, |
392 | including hardware, software, and personnel; conducting studies |
393 | on the efficiency and effectiveness of the program; providing |
394 | funds for future enhancements of the program within the intent |
395 | of this section; providing health care practitioner education, |
396 | including distribution of materials to promote public awareness |
397 | and education and conducting workshops or other meetings; travel |
398 | expenses; administrative costs, including personnel, audits, |
399 | facilities, and equipment; and all other requirements necessary |
400 | to establish the program as outlined in this section. |
401 | (f) The activities of the direct-support organization must |
402 | be consistent with the goals and mission of the Office of Drug |
403 | Control, as determined by the office in consultation with the |
404 | department, and in the best interests of the state. The direct- |
405 | support organization must obtain a written approval from the |
406 | director of the Office of Drug Control for any activities in |
407 | support of the prescription drug validation program before |
408 | undertaking those activities. |
409 | (g) The Office of Drug Control, in consultation with the |
410 | department, may permit, without charge, appropriate use of |
411 | administrative services, property, and facilities of the Office |
412 | of Drug Control and the department by the direct-support |
413 | organization, subject to this section. The use must be directly |
414 | in keeping with the approved purposes of the direct-support |
415 | organization and may not be made at times or places that would |
416 | unreasonably interfere with opportunities for the public to use |
417 | such facilities for established purposes. Any moneys received |
418 | from rentals of facilities and properties managed by the Office |
419 | of Drug Control and the department may be held by the Office of |
420 | Drug Control or in a separate depository account in the name of |
421 | the direct-support organization and subject to the provisions of |
422 | the letter of agreement with the Office of Drug Control. The |
423 | letter of agreement must provide that any funds held in the |
424 | separate depository account in the name of the direct-support |
425 | organization must revert to the Office of Drug Control if the |
426 | direct-support organization is no longer approved by the Office |
427 | of Drug Control to operate in the best interests of the state. |
428 | (h) The Office of Drug Control, in consultation with the |
429 | department, may adopt requirements with which a direct-support |
430 | organization must comply in order to use department and Office |
431 | of Drug Control administrative services, property, or |
432 | facilities. |
433 | (i) The Office of Drug Control may not permit the use of |
434 | any administrative services, property, or facilities of the |
435 | state by a direct-support organization if that organization does |
436 | not provide equal membership and employment opportunities to all |
437 | persons regardless of race, color, religion, sex, age, or |
438 | national origin. |
439 | (j) The direct-support organization shall provide for an |
440 | independent annual financial audit in accordance with s. |
441 | 215.981. Copies of the audit shall be provided to the Office of |
442 | Drug Control and the Office of Policy and Budget in the |
443 | Executive Office of the Governor. |
444 | (k) The direct-support organization may not exercise any |
445 | power under s. 617.0302(12) or (16). |
446 | (12) A prescriber or dispenser is authorized access to the |
447 | information under this section for his or her patient for his or |
448 | her review of the patient's controlled drug prescription history |
449 | to ensure a proper standard of care. A prescriber or dispenser |
450 | acting in good faith is immune from any civil, criminal, or |
451 | administrative liability that might otherwise be incurred or |
452 | imposed for receiving or using information from the prescription |
453 | drug validation program. This subsection does not create a |
454 | private cause of action, and a person may not recover damages |
455 | against a prescriber or dispenser authorized to access |
456 | information under this subsection for accessing or failing to |
457 | access such information. |
458 | (13) To the extent that funding is provided for such |
459 | purpose through federal or private grants or gifts and other |
460 | types of available moneys, the department, in collaboration with |
461 | the Office of Drug Control, shall study the feasibility of |
462 | enhancing the prescription drug validation program for the |
463 | purposes of public health initiatives and statistical reporting |
464 | that respects the privacy of the patient, the prescriber, and |
465 | the dispenser. Such a study shall be conducted in order to |
466 | further improve the quality of health care services and safety |
467 | by improving prescription drug prescribing practices, taking |
468 | advantage of advances in technology, reducing duplicative |
469 | prescriptions and the overprescribing of prescription drugs, and |
470 | reducing drug abuse. In addition, the direct-support |
471 | organization shall provide funding for the department, in |
472 | collaboration with the Office of Drug Control, to conduct |
473 | training for health care practitioners and other appropriate |
474 | persons in using the program to support the program |
475 | enhancements. |
476 | (14) A pharmacist, pharmacy, or dispensing health care |
477 | practitioner or his or her agent, prior to releasing a |
478 | controlled substance to any person not known to such dispenser, |
479 | shall require the person purchasing, receiving, or otherwise |
480 | acquiring the controlled substance to present valid photographic |
481 | identification or other verification of his or her identity to |
482 | the dispenser. If the person does not have proper |
483 | identification, the dispenser may verify the validity of the |
484 | prescription and the identity of the patient with the prescriber |
485 | or his or her authorized agent, or by a method determined by the |
486 | department, before dispensing the controlled substance. The |
487 | person purchasing, receiving, or otherwise acquiring the |
488 | controlled substance does not have to be the specific patient to |
489 | whom the prescription is prescribed. A record shall be |
490 | maintained for 2 years of the person acquiring the controlled |
491 | substance, which record shall include the person's name and |
492 | signature using the proper identification. This subsection does |
493 | not apply in an institutional setting or to a long-term care |
494 | facility, including, but not limited to, an assisted living |
495 | facility or a hospital to which patients are admitted. As used |
496 | in this subsection, the term "proper identification" means a |
497 | government-issued identification containing the person's |
498 | picture, printed name, and signature. |
499 | (15) The Agency for Health Care Administration shall |
500 | continue the implementation of electronic prescribing by health |
501 | care practitioners, health care facilities, and pharmacies under |
502 | s. 408.061 and the electronic prescribing clearinghouse |
503 | collaboration with the private sector under s. 408.0611. |
504 | (16) By October 1, 2010, the department shall adopt rules |
505 | pursuant to ss. 120.536(1) and 120.54 to implement the |
506 | provisions of this section, including rules governing access to |
507 | the database. |
508 | Section 2. (1) The Program Implementation and Oversight |
509 | Workgroup is created within the Executive Office of the |
510 | Governor. The director of the Office of Drug Control shall be a |
511 | nonvoting, ex officio member of the workgroup and shall act as |
512 | chair. The Office of Drug Control and the Department of Health |
513 | shall provide staff support for the workgroup. |
514 | (a) The following state officials shall serve on the |
515 | workgroup: |
516 | 1. The Attorney General or his or her designee. |
517 | 2. The Secretary of Children and Family Services or his or |
518 | her designee. |
519 | 3. The Secretary of Health Care Administration or his or |
520 | her designee. |
521 | 4. The State Surgeon General or his or her designee. |
522 | (b) In addition, the Governor shall appoint nine members |
523 | of the public to serve on the workgroup. Of these nine appointed |
524 | members, one member must have professional or occupational |
525 | expertise in computer security; one member must be a licensed, |
526 | board-certified oncologist; one member must be a licensed, |
527 | board-certified, fellowship-trained physician who has experience |
528 | in pain management; one member must have professional or |
529 | occupational expertise in e-Prescribing or prescription drug |
530 | validation programs; one member must be a licensed, board- |
531 | certified pharmacist with professional or occupational expertise |
532 | in pharmacy operations; one member must have professional or |
533 | occupational expertise in law enforcement with experience in |
534 | prescription drug investigations; one member must have |
535 | professional or occupational expertise as an epidemiologist with |
536 | a background in tracking and analyzing drug trends; and two |
537 | members must have professional or occupational expertise as |
538 | providers of substance abuse treatment, with priority given to a |
539 | member who is a former substance abuser. |
540 | (c) Members appointed by the Governor shall be appointed |
541 | to a term of 3 years each. Any vacancy on the workgroup shall be |
542 | filled in the same manner as the original appointment, and any |
543 | member appointed to fill a vacancy shall serve only for the |
544 | unexpired term of the member's predecessor. |
545 | (d) Members of the workgroup and members of subcommittees |
546 | appointed under subsection (4) shall serve without compensation |
547 | but are entitled to reimbursement for per diem and travel |
548 | expenses as provided in s. 112.061, Florida Statutes. |
549 | (e) The workgroup shall meet at least quarterly or upon |
550 | the call of the chair. |
551 | (2) The purpose of the workgroup is to monitor the |
552 | implementation and safeguarding of the electronic system |
553 | established for the prescription drug validation program under |
554 | s. 893.055, Florida Statutes, and to ensure privacy, protection |
555 | of individual medication history, and the electronic system's |
556 | appropriate use by physicians, dispensers, pharmacies, law |
557 | enforcement, and those authorized to request information from |
558 | the electronic system. |
559 | (3) The Office of Drug Control shall submit a report to |
560 | the Governor, the President of the Senate, and the Speaker of |
561 | the House of Representatives by December 1 of each year that |
562 | contains a summary of the work of the workgroup during that year |
563 | and the recommendations developed in accordance with the |
564 | workgroup's purpose as provided in subsection (2). Interim |
565 | reports may be submitted at the discretion of the chair. |
566 | (4) The chair of the workgroup shall appoint subcommittees |
567 | that include members of state agencies that are not represented |
568 | on the workgroup for the purpose of soliciting input and |
569 | recommendations from those state agencies as needed by the |
570 | workgroup to accomplish its purposes. In addition, the chair may |
571 | appoint subcommittees as necessary from among the members of the |
572 | workgroup in order to efficiently address specific issues. If a |
573 | state agency is to be represented on any subcommittee, the |
574 | representative shall be the head of the agency or his or her |
575 | designee. The chair may designate lead and contributing agencies |
576 | within a subcommittee. |
577 | (5) The workgroup shall provide a final report in |
578 | accordance with the workgroup's purpose as provided in |
579 | subsection (2) on July 1, 2012, to the Governor, the President |
580 | of the Senate, and the Speaker of the House of Representatives. |
581 | Such report may only be prepared using data that does not |
582 | identify a patient or dispenser. The workgroup shall expire and |
583 | this section is repealed on that date. |
584 | Section 3. This act shall take effect July 1, 2009. |