Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 440
       
       
       
       
       
       
                                Barcode 207044                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/04/2009           .                                
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       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         893.056Public-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.