HB 145

1	A bill to be entitled
2	An act relating to public records; creating s. 893.0551,
3	F.S.; exempting from public records requirements
4	information and records reported to the Department of
5	Health under the electronic system for monitoring the
6	dispensing of certain controlled substances; authorizing
7	certain persons and entities access to information;
8	providing guidelines for the use of such information and
9	criminal penalties for violations; providing for future
10	legislative review and repeal; providing a finding of
11	public necessity; providing a contingent effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Section 893.0551, Florida Statutes, is created
16	to read:
17	893.0551  Electronic system for monitoring the dispensing
18	of certain controlled substances; public records exemption.--
19	(1)  Information collected by pharmacists and health care
20	practitioners and submitted to the department under s. 893.055
21	or stored in a database under that section is confidential and
22	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
23	Constitution.
24	(2)  Notwithstanding subsection (1), the department shall
25	disclose such confidential information to:
26	(a)  The Agency for Health Care Administration when it has
27	initiated a review for Medicaid fraud or abuse.
28	(b)  A criminal justice agency, as defined in s. 119.011,
29	that enforces the laws of this state or the United States
30	relating to controlled substances and that has initiated an
31	active investigation involving a specific violation of law.
32	(c)  A practitioner as defined in s. 893.02, or an employee
33	of the practitioner who is acting on behalf of and at the
34	direction of the practitioner, who requests such information and
35	certifies that the information is necessary to provide medical
36	treatment to a current patient in accordance with s. 893.05.
37	(d)  A pharmacist as defined in s. 465.003, or a pharmacy
38	intern or pharmacy technician who is acting on behalf of and at
39	the direction of the pharmacist, who requests such information
40	and certifies that the requested information will be used to
41	dispense controlled substances to a current patient in
42	accordance with s. 893.04.
43	(e)  A patient who, upon written request, seeks a copy of
44	his or her biometric scan for the purpose of verifying the
45	identity of the person to whom the biometric scan belongs.
46	(3)  Any person or agency that obtains such confidential
47	and exempt information must maintain the confidential and exempt
48	status of that information; however, the Agency for Health Care
49	Administration or a criminal justice agency that has lawful
50	access to such information may disclose confidential and exempt
51	information under this section to a criminal justice agency
52	involved in an active investigation involving a specific
53	violation of law.
54	(4)  A health care practitioner or pharmacist who provides
55	any information in any capacity, whether or not required by law,
56	to the department, the federal Drug Enforcement Administration,
57	or state or local law enforcement concerning prescription fraud
58	or abuse or a violation of s. 893.13 based upon information
59	lawfully obtained or received from the database shall not be
60	held liable in any civil action for providing or reporting such
61	information so long as the health care practitioner or
62	pharmacist acts without intentional fraud or malice.
63	(5)  Any person who willfully and knowingly violates this
64	section commits a felony of the third degree, punishable as
65	provided in s. 775.083.
66	(6)  This section is subject to the Open Government Sunset
67	Review Act in accordance with s. 119.15 and shall stand repealed
68	on October 2, 2014, unless reviewed and saved from repeal
69	through reenactment by the Legislature.
70	Section 2.  The Legislature finds that it is a public
71	necessity that the information contained in the records provided
72	to the Department of Health, or any person or agency authorized
73	by the department, pursuant to s. 893.055, Florida Statutes, be
74	confidential and exempt from disclosure. Notwithstanding the
75	privacy issues surrounding the prescription and dispensing of
76	controlled substances listed in Schedule II, Schedule III, and
77	Schedule IV, the use of an electronic monitoring system, with
78	oversight by the department, will assist in the development of
79	improved prescription and dispensing practices and better
80	protect the public and its citizens. Further, the use of an
81	electronic monitoring system will facilitate investigations and
82	prosecutions of violations of state drug laws, thereby
83	increasing compliance with those laws. However, if information
84	that could identify a patient is not made confidential and
85	exempt from disclosure, any person could inspect and copy the
86	patient's records and have knowledge of the patient's
87	prescriptions for controlled substances listed in Schedule II,
88	Schedule III, or Schedule IV. The availability of such
89	information to the public would result in the invasion of a
90	patient's privacy. Thus, the Legislature finds that personal
91	identifying information of a patient, a practitioner as defined
92	in s. 893.02, Florida Statutes, or a pharmacist as defined in s.
93	465.003, Florida Statutes, contained in information reported
94	pursuant to s. 893.055, Florida Statutes, must be confidential
95	and exempt from disclosure under s. 119.07(1), Florida Statutes,
96	and s. 24(a), Art. I of the State Constitution.
97	Section 3.  This act shall take effect March 1, 2011, if HB
98	143 or similar legislation establishing an electronic system for
99	monitoring the dispensing of controlled substances listed in
100	Schedule II, Schedule III, and Schedule IV is adopted and
101	becomes law prior thereto.

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