Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. SB 440 Barcode 207044 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/04/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Regulation (Jones) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 893.056, Florida Statutes, is created to 6 read: 7 893.056 Public-records exemption for the prescription drug 8 validation program for the tracking of prescriptions of 9 controlled substances listed in Schedule II, Schedule III, or 10 Schedule IV in s. 893.03.— 11 (1) Identifying information, including, but not limited to, 12 the name, address, telephone number, insurance plan number, 13 social security number or government-issued identification 14 number, provider number, Drug Enforcement Administration number, 15 or any other unique identifying number of a patient, patient’s 16 agent, health care practitioner, pharmacist, pharmacist’s agent, 17 or pharmacy which is contained in records held by the Department 18 of Health or any other agency as defined in s. 119.011(2) under 19 s. 893.055, the prescription drug validation program for the 20 tracking of prescriptions of controlled substances, is 21 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 22 of the State Constitution. 23 (2) The Department of Health shall disclose such 24 confidential and exempt information to: 25 (a) The Agency for Health Care Administration when it has 26 initiated a review of specific identifiers of Medicaid fraud and 27 abuse. 28 (b) A criminal justice agency, as defined in s. 119.011, 29 which enforces the laws of this state or the United States 30 relating to controlled substances and which 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 is identified in the record upon a 44 written request for the purpose of verifying that information. 45 (f) A judge or a probation or parole officer administering 46 a drug or the probation program of a criminal defendant arising 47 out of a violation of chapter 893 or of a criminal defendant who 48 is documented by the court as a substance abuser and who is 49 eligible to participate in a court-ordered drug diversion, 50 treatment, or probation program. 51 (g) A duly appointed medical examiner, or an investigator 52 of the medical examiner who is acting on behalf of or at the 53 direction of the medical examiner, who requests such information 54 and certifies that the information is necessary in an active 55 death investigation as provided in s. 406.11 which involves a 56 suspected drug-related death. 57 (3) Any agency that obtains such confidential and exempt 58 information pursuant to this section must maintain the 59 confidential and exempt status of that information; however, the 60 Department of Health or a criminal justice agency that has 61 lawful access to such information may disclose confidential and 62 exempt information received from the Department of Health to a 63 criminal justice agency as part of an active investigation of a 64 specific violation of law. 65 (4) Any person who willfully and knowingly violates this 66 section commits a felony of the third degree, punishable as 67 provided in s. 775.082 or s. 775.083. 68 (5) This section is subject to the Open Government Sunset 69 Review Act in accordance with s. 119.15, and shall stand 70 repealed on October 2, 2014, unless reviewed and saved from 71 repeal through reenactment by the Legislature. 72 Section 2. The Legislature finds that it is a public 73 necessity that personal identifying information of a patient, a 74 practitioner as defined in s. 893.02, Florida Statutes, or a 75 pharmacist as defined in s. 465.003, Florida Statutes, contained 76 in records that are reported to the Department of Health under 77 s. 893.055, Florida Statutes, the prescription drug validation 78 program for the tracking of prescriptions of controlled 79 substances, be made confidential and exempt from disclosure. 80 Information concerning the prescriptions that a patient has been 81 prescribed is a private, personal matter between the patient, 82 the practitioner, and the pharmacist. Nevertheless, reporting of 83 prescriptions on a timely and accurate basis by practitioners 84 and pharmacists will ensure the ability of the state to review 85 and provide oversight of prescribing and dispensing practices. 86 Further, the reporting of this information will facilitate 87 investigations and prosecutions of violations of state drug laws 88 by patients, practitioners, or pharmacists, thereby increasing 89 compliance with those laws. However, if in the process the 90 information that would identify a patient is not made 91 confidential and exempt from disclosure, any person could 92 inspect and copy the record and be aware of the patient’s 93 prescriptions. The availability of such information to the 94 public would result in the invasion of the patient’s privacy. If 95 the identity of the patient could be correlated with his or her 96 prescriptions, it would be possible for the public to become 97 aware of the diseases or other medical concerns for which a 98 patient is being treated by his or her physician. This knowledge 99 could be used to embarrass or to humiliate a patient or to 100 discriminate against him or her. Requiring the reporting of 101 prescribing information, while protecting a patient’s personal 102 identifying information, will facilitate efforts to maintain 103 compliance with the state’s drug laws and will facilitate the 104 sharing of information between health care practitioners and 105 pharmacists, while maintaining and ensuring patient privacy. 106 Additionally, exempting from disclosure the personal identifying 107 information of practitioners will ensure that an individual will 108 not be able to identify which practitioners prescribe the 109 highest amount of a particular type of drug and to seek those 110 practitioners out in order to increase the likelihood of 111 obtaining a particular prescribed substance. Further, protecting 112 personal identifying information of pharmacists ensures that an 113 individual will not be able to identify which pharmacists or 114 pharmacies dispense the largest amount of a particular substance 115 and identify that pharmacy for robbery or burglary. Thus, the 116 Legislature finds that the personal identifying information of a 117 patient, a practitioner as defined in s. 893.02, Florida 118 Statutes, or a pharmacist as defined in s. 465.003, Florida 119 Statutes, contained in records reported under s. 893.055, 120 Florida Statutes, must be confidential and exempt from 121 disclosure. 122 Section 3. This act shall take effect July 1, 2009, if 123 Senate Bill 462, or similar legislation establishing an 124 electronic system to monitor the prescribing of controlled 125 substances, is adopted in the same legislative session or an 126 extension thereof and becomes law. 127 128 129 ================= T I T L E A M E N D M E N T ================ 130 And the title is amended as follows: 131 Delete everything before the enacting clause 132 and insert: 133 A bill to be entitled 134 An act relating to public records; creating s. 893.056, F.S.; 135 exempting from public-records requirements information and 136 records reported to the Department of Health under the 137 prescription drug validation program for the tracking of 138 prescriptions of controlled substances listed in Schedules II 139 IV; authorizing certain persons and entities access to patient 140 identifying information; providing guidelines for the use of 141 such information and penalties for violations; providing for 142 future legislative review and repeal of the exemption under the 143 Open Government Sunset Review Act; providing a finding of public 144 necessity; providing a contingent effective date.