Florida Senate - 2009 SB 1354 By Senator Bennett 21-01513-09 20091354__ 1 A bill to be entitled 2 An act relating to public records; creating s. 3 893.0551, F.S.; exempting from public-records 4 requirements information and records reported to the 5 Department of Health under the electronic system for 6 monitoring the dispensing of certain controlled 7 substances; authorizing certain persons and entities 8 access to information; providing restrictions on the 9 use of such information and criminal penalties for 10 violations; authorizing agreements with other states 11 to exchange prescription drug monitoring information; 12 providing factors for considering such agreements; 13 requiring a report concerning any such agreements; 14 limiting the purposes for which information may be 15 shared under such agreements; providing for future 16 legislative review and repeal; providing a finding of 17 public necessity; providing a contingent effective 18 date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Section 893.0551, Florida Statutes, is created 23 to read: 24 893.0551 Electronic system for monitoring the dispensing of 25 certain controlled substances; public-records exemption.— 26 (1) Information collected by the department under s. 27 893.055 is confidential and exempt from s. 119.07(1) and s. 28 24(a), Art. I of the State Constitution. However, the department 29 may disclose such information: 30 (a) To a patient to whom the prescription is written. 31 (b) To a person with the express written consent of the 32 patient to whom the prescription is written or the patient's 33 legally authorized representative. 34 (c) To a person charged with protecting the health or life 35 of the patient in a medical emergency. 36 (d) By court order upon a showing of good cause. 37 (e) To a practitioner or pharmacist who requests the 38 information and certifies that the requested information is for 39 the purpose of providing medical or pharmaceutical treatment to 40 a bona fide current patient. 41 (f) To a law enforcement officer of this state, another 42 state, or the United States whose duty it is to enforce the laws 43 of this state, another state, or the United States relating to 44 controlled substances and who is engaged in a bona fide specific 45 investigation involving a designated person. 46 (g) To the Medicaid Fraud Control Unit in the Department of 47 Legal Affairs for the purpose of a bona fide specific 48 investigation under s. 409.920 involving a designated person. 49 (h) To a designated representative of a state professional 50 licensing, certification, or regulatory agency charged with 51 oversight of those persons authorized to prescribe or dispense 52 controlled substances for the purpose of a bona fide specific 53 investigation involving a designated person. 54 (i) To a person or agency authorized to receive the 55 information under s. 119.0712(1)(d), provided that any 56 information disclosed must have had all information that would 57 permit the identification of persons removed prior to 58 disclosure. 59 (2) Recipients of information lawfully disclosed under 60 subsection (1) may retain the information for up to 24 months 61 before purging the information from their records. However, the 62 information may be retained longer than 24 months if the 63 information is pertinent to an ongoing prosecution or 64 disciplinary proceeding. 65 (3) The department may retain information collected under 66 s. 893.055 for up to 24 months before purging the information 67 from its records. 68 (4) A person authorized to receive information under 69 subsection (1) who: 70 (a) Knowingly discloses such information in violation of 71 this section; or 72 (b) Uses such information in a manner or for a purpose in 73 violation of this section 74 commits a misdemeanor of the first degree, punishable as 75 provided in s. 775.082 or s. 775.083. 76 (5)(a) The State Surgeon General may enter into reciprocal 77 agreements for the sharing of prescription drug monitoring 78 information with any other state or states that have compatible 79 prescription drug monitoring programs. If the State Surgeon 80 General elects to evaluate the prescription drug monitoring 81 program of another state as authorized by this subsection, 82 priority shall be given to a state that is contiguous with the 83 borders of this state. 84 (b) In determining compatibility, the State Surgeon General 85 shall consider: 86 1. The essential purposes of the program and the success of 87 the program in fulfilling those purposes. 88 2. The safeguards for privacy of patient records and the 89 success of the program in protecting patient privacy. 90 3. The persons authorized to view the data collected by the 91 program. 92 4. The schedules of the controlled substances monitored. 93 5. The data required to be submitted on each prescription. 94 6. Any implementation criteria deemed essential for a 95 thorough comparison. 96 7. The costs and benefits to the state in sharing 97 particular information available in the state's database with 98 the program under consideration. 99 (c) The State Surgeon General shall review any agreement on 100 an annual basis to determine its continued compatibility with 101 the prescription drug monitoring program in this state. 102 (d) The State Surgeon General shall submit an annual report 103 to the Governor, the President of the Senate, and the Speaker of 104 the House of Representatives that summarizes any agreement 105 entered into under this subsection and that analyzes the 106 effectiveness of that agreement in monitoring the dispensing of 107 controlled substances in this state. 108 (e) Any agreement between the State Surgeon General and 109 another state shall prohibit the sharing of information about a 110 resident of this state or a practitioner, pharmacist, or other 111 prescriber for any purpose not otherwise authorized by this 112 section or s. 893.055. 113 (6) This section is subject to the Open Government Sunset 114 Review Act in accordance with s. 119.15 and shall stand repealed 115 on October 2, 2014, unless reviewed and saved from repeal 116 through reenactment by the Legislature. 117 Section 2. The Legislature finds that it is a public 118 necessity that the information contained in the records provided 119 to the Department of Health, or any person or agency authorized 120 by the department, pursuant to s. 893.055, Florida Statutes, be 121 confidential and exempt from disclosure. Notwithstanding the 122 privacy issues surrounding the prescription and dispensing of 123 controlled substances listed in Schedule II, Schedule III, and 124 Schedule IV of s. 893.03, Florida Statutes, the use of an 125 electronic monitoring system, with oversight by the department, 126 will assist in the development of improved prescription and 127 dispensing practices and better protect the public and its 128 citizens. Further, the use of an electronic monitoring system 129 will facilitate investigations and prosecutions of violations of 130 state drug laws, thereby increasing compliance with those laws. 131 However, if such information is not made confidential and exempt 132 from disclosure, any person could inspect and copy a patient's 133 records and have knowledge of that patient's prescriptions for 134 controlled substances listed in Schedule II, Schedule III, or 135 Schedule IV. The availability of such information to the public 136 would result in the invasion of a patient's privacy. Thus, the 137 Legislature finds that information reported pursuant to s. 138 893.055, Florida Statutes, must be confidential and exempt from 139 disclosure under s. 119.07(1), Florida Statutes, and s. 24(a), 140 Art. I of the State Constitution. 141 Section 3. This act shall take effect July 1, 2009, if SB 142 ___ or similar legislation establishing an electronic system for 143 monitoring the dispensing of controlled substances listed in 144 Schedule II, Schedule III, and Schedule IV is adopted in the 145 same legislative session or an extension thereof and becomes 146 law.