Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for CS for CS for SB 462
       
       
       
       
       
       
                                Barcode 178344                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2009           .                                
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       The Committee on Health and Human Services Appropriations
       (Haridopolos) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 893.055, Florida Statutes, is created to
    6  read:
    7         893.055Prescription drug monitoring program.—
    8         (1)As used in this section, the term:
    9         (a)“Patient advisory report” or “advisory report” means
   10  information provided by the department in writing, or as
   11  determined by the department, to a prescriber, dispenser,
   12  pharmacy, or patient concerning the dispensing of controlled
   13  substances. All advisory reports are for informational purposes
   14  only and impose no obligations of any nature or any legal duty
   15  on a prescriber, dispenser, pharmacy, or patient. The patient
   16  advisory report shall be provided in accordance with s.
   17  893.13(7)(a)8. The advisory reports issued by the department are
   18  not subject to discovery or introduction into evidence in any
   19  civil or administrative action against a prescriber, dispenser,
   20  pharmacy, or patient arising out of matters that are the subject
   21  of the report, and a person who participates in preparing,
   22  reviewing, issuing, or any other activity related to an advisory
   23  report may not be permitted or required to testify in any such
   24  civil action as to any findings, recommendations, evaluations,
   25  opinions, or other actions taken in connection with preparing,
   26  reviewing, or issuing such a report.
   27         (b)“Controlled substance” means a controlled substance
   28  listed in Schedule II, Schedule III, or Schedule IV in s.
   29  893.03.
   30         (c)“Dispenser” means a pharmacy, dispensing pharmacist, or
   31  dispensing health care practitioner.
   32         (d)“Health care practitioner” or “practitioner” means any
   33  practitioner who is subject to licensure or regulation by the
   34  department under chapter 458, chapter 459, chapter 461, chapter
   35  462, chapter 464, chapter 465, or chapter 466.
   36         (e)“Health care regulatory board” means any board for a
   37  practitioner or health care practitioner who is licensed or
   38  regulated by the department.
   39         (f)“Pharmacy” means any pharmacy that is subject to
   40  licensure or regulation by the department under chapter 465 and
   41  that dispenses or delivers a controlled substance to an
   42  individual or address in this state.
   43         (g)“Prescriber” means a prescribing physician, prescribing
   44  practitioner, or other prescribing health care practitioner.
   45         (h)“Active investigation” means an investigation that is
   46  being conducted with a reasonable, good faith belief that it
   47  could lead to the filing of administrative, civil, or criminal
   48  proceedings, or that is ongoing and continuing and for which
   49  there is a reasonable, good faith anticipation of securing an
   50  arrest or prosecution in the foreseeable future.
   51         (i)“Law enforcement agency” means the Department of Law
   52  Enforcement, a Florida sheriff’s department, a Florida police
   53  department, or a law enforcement agency of the Federal
   54  Government which enforces the laws of this state or the United
   55  States relating to controlled substances, and which its agents
   56  and officers are empowered by law to conduct criminal
   57  investigations and make arrests.
   58         (2)(a)By December 1, 2010, the department shall design and
   59  establish a comprehensive electronic database system that has
   60  controlled substance prescriptions provided to it and that
   61  provides prescription information to a patient’s health care
   62  practitioner and pharmacist who inform the department that they
   63  wish the patient advisory report provided to them. Otherwise,
   64  the patient advisory report will not be sent to the
   65  practitioner, pharmacy, or pharmacist. The system shall be
   66  designed to provide information regarding dispensed
   67  prescriptions of controlled substances and shall not infringe
   68  upon the legitimate prescribing or dispensing of a controlled
   69  substance by a prescriber or dispenser acting in good faith and
   70  in the course of professional practice. The system shall be
   71  consistent with standards of the American Society for Automation
   72  in Pharmacy (ASAP). The electronic system shall also comply with
   73  the Health Insurance Portability and Accountability Act (HIPAA)
   74  as it pertains to protected health information (PHI), electronic
   75  protected health information (EPHI), and all other relevant
   76  state and federal privacy and security laws and regulations. The
   77  department shall establish policies and procedures as
   78  appropriate regarding the reporting, accessing the database,
   79  evaluation, management, development, implementation, operation,
   80  storage, and security of information within the system. The
   81  reporting of prescribed controlled substances shall include a
   82  dispensing transaction with a dispenser pursuant to chapter 465
   83  or through a dispensing transaction to an individual or address
   84  in this state with a pharmacy that is not located in this state
   85  but that is otherwise subject to the jurisdiction of this state
   86  as to that dispensing transaction. The reporting of patient
   87  advisory reports refers only to reports to patients, pharmacies,
   88  and practitioners. Separate reports that contain patient
   89  prescription history information and that are not patient
   90  advisory reports are provided to persons and entities as
   91  authorized in paragraphs (7)(b) and (c) and s. 893.0551.
   92         (b)The department, in coordination with the Office of Drug
   93  Control, shall adopt rules as necessary concerning the
   94  reporting, accessing the database, evaluation, management,
   95  development, implementation, operation, security, and storage of
   96  information within the system, including rules for when patient
   97  advisory reports are provided to pharmacies and prescribers. The
   98  patient advisory report shall be provided in accordance with s.
   99  893.13(7)(a)8. The department shall work with the professional
  100  health care licensure boards, such as the Board of Medicine, the
  101  Board of Osteopathic Medicine, and the Board of Pharmacy; other
  102  appropriate organizations, such as the Florida Pharmacy
  103  Association, the Office of Drug Control, the Florida Medical
  104  Association, the Florida Retail Federation and the Florida
  105  Osteopathic Medical Association, including those relating to
  106  pain management; and the Attorney General, the Department of Law
  107  Enforcement, and the Agency for Health Care Administration to
  108  develop rules appropriate for the prescription drug monitoring
  109  program.
  110         (c)All dispensers and prescribers subject to these
  111  reporting requirements shall be notified by the department of
  112  the implementation date for such reporting requirements.
  113         (3)The pharmacy dispensing the controlled substance and
  114  each prescriber who directly dispenses a controlled substance
  115  shall submit to the electronic system, by a procedure and in a
  116  format established by the department and consistent with an
  117  ASAP-approved format, the following information for inclusion in
  118  the database:
  119         (a)The name of the prescribing practitioner, the
  120  practitioner’s federal Drug Enforcement Administration
  121  registration number, the practitioner’s National Provider
  122  Identification (NPI) or other appropriate identifier, and the
  123  date of the prescription.
  124         (b)The date the prescription was filled and the method of
  125  payment, such as cash by an individual, insurance coverage
  126  through a third party, or Medicaid payment. This paragraph does
  127  not authorize the department to include individual credit card
  128  numbers or other account numbers in the database.
  129         (c)The full name, address, and date of birth of the person
  130  for whom the prescription was written.
  131         (d)The name, national drug code, quantity, and strength of
  132  the controlled substance dispensed.
  133         (e)The full name, federal Drug Enforcement Administration
  134  registration number, and address of the pharmacy or other
  135  location from which the controlled substance was dispensed. If
  136  the controlled substance was dispensed by a practitioner other
  137  than a pharmacist, the practitioner’s full name, federal Drug
  138  Enforcement Administration registration number, and address.
  139         (f)The name of the pharmacy or practitioner, other than a
  140  pharmacist, dispensing the controlled substance and the
  141  practitioner’s National Provider Identification (NPI).
  142         (g)Other appropriate identifying information as determined
  143  by department rule.
  144         (4)Each time a controlled substance is dispensed to an
  145  individual, the controlled substance shall be reported to the
  146  department through the system as soon thereafter as possible,
  147  but not more than 15 days after the date the controlled
  148  substance is dispensed unless an extension is approved by the
  149  department for cause as determined by rule. A dispenser must
  150  meet the reporting requirements of this section by providing the
  151  required information concerning each controlled substance that
  152  it dispensed in a department-approved, secure methodology and
  153  format. Such approved formats may include, but are not limited
  154  to, submission via the Internet, on a disc, or by use of regular
  155  mail.
  156         (5)The following are exempt from this section:
  157         (a)A health care practitioner when administering a
  158  controlled substance directly to a patient if the amount of the
  159  controlled substance is adequate to treat the patient during
  160  that particular treatment session.
  161         (b)A pharmacist or health care practitioner when
  162  administering a controlled substance to a patient or resident
  163  receiving care as a patient at a hospital, nursing home,
  164  ambulatory surgical center, hospice, or intermediate care
  165  facility for the developmentally disabled which is licensed in
  166  this state.
  167         (c)A practitioner when administering or dispensing a
  168  controlled substance in the health care system of the Department
  169  of Corrections.
  170         (d)A practitioner when administering a controlled
  171  substance in the emergency room of a licensed hospital.
  172         (e)A health care practitioner when administering or
  173  dispensing a controlled substance to a person under the age of
  174  16.
  175         (f)A pharmacist or a dispensing practitioner when
  176  dispensing a one-time, 72-hour emergency resupply of a
  177  controlled substance to a patient.
  178         (6)The department may establish when to suspend and when
  179  to resume reporting information during a state-declared or
  180  nationally declared disaster.
  181         (7)(a)A practitioner or pharmacist who dispenses a
  182  controlled substance must submit the information required by
  183  this section in an electronic or other method in an ASAP format
  184  approved by rule of the department unless otherwise provided in
  185  this section. The cost to the dispenser in submitting the
  186  information required by this section may not be material or
  187  extraordinary. Costs not considered to be material or
  188  extraordinary include, but are not limited to, regular postage,
  189  electronic media, regular electronic mail, and facsimile
  190  charges.
  191         (b)A pharmacy, prescriber, or dispenser shall have access
  192  to information in the prescription drug monitoring program’s
  193  database which relates to a patient of that pharmacy,
  194  prescriber, or dispenser in a manner established by the
  195  department as needed for the purpose of reviewing the patient’s
  196  controlled substance prescription history. Other access to the
  197  program’s database shall be limited to the program’s manager and
  198  to the designated program and support staff, who may act only at
  199  the direction of the program manager or, in the absence of the
  200  program manager, as authorized. Access by the program manager or
  201  such designated staff is for prescription drug program
  202  management only or for management of the program’s database and
  203  its system in support of the requirements of this section and in
  204  furtherance of the prescription drug monitoring program.
  205  Confidential and exempt information in the database shall be
  206  released only as provided in paragraph (c) and s. 893.0551.
  207         (c)The following entities shall not be allowed direct
  208  access to information in the prescription drug monitoring
  209  program database but may request from the program manager and,
  210  when authorized by the program manager, the program manager’s
  211  program and support staff, information that is confidential and
  212  exempt under s. 893.0551. Prior to release, the request shall be
  213  verified as authentic and authorized with the requesting
  214  organization by the program manager, the program manager’s
  215  program and support staff, or as determined in rules by the
  216  department as being authentic and as having been authorized by
  217  the requesting entity:
  218         1.The department’s relevant health care regulatory boards
  219  responsible for the licensure, regulation, or discipline of
  220  practitioners, pharmacists, or other persons who are authorized
  221  to prescribe, administer, or dispense controlled substances and
  222  who are involved in a specific controlled substance
  223  investigation involving a designated person for one or more
  224  prescribed controlled substances.
  225         2.The Attorney General for Medicaid fraud cases involving
  226  prescribed controlled substances.
  227         3.A law enforcement agency during active investigations
  228  regarding potential criminal activity, fraud, or theft regarding
  229  prescribed controlled substances.
  230         4.A patient or the legal guardian or designated health
  231  care surrogate of an incapacitated patient as described in s.
  232  893.0551 who, for the purpose of verifying the accuracy of the
  233  database information, submits a written and notarized request
  234  that includes the patient’s full name, address, and date of
  235  birth, and includes the same information if the legal guardian
  236  or health care surrogate submits the request. The request shall
  237  be validated by the department to verify the identity of the
  238  patient and the legal guardian or health care surrogate, if the
  239  patient’s legal guardian or health care surrogate is the
  240  requestor. Such verification is also required for any request to
  241  change a patient’s prescription history or other information
  242  related to his or her information in the electronic database.
  243  
  244         Information in the database for the electronic prescription
  245  drug monitoring system is not discoverable or admissible in any
  246  civil or administrative action, except in an investigation and
  247  disciplinary proceeding by the department or the appropriate
  248  regulatory board.
  249         (d)The following entities shall not be allowed direct
  250  access to information in the prescription drug monitoring
  251  program database but may request from the program manager and,
  252  when authorized by the program manager, the program manager’s
  253  program and support staff, information that contains no
  254  identifying information of any patient, physician, health care
  255  practitioner, prescriber, or dispenser and that is not
  256  confidential and exempt:
  257         1.Department staff for the purpose of calculating
  258  performance measures pursuant to subsection (8).
  259         2.The Program Implementation and Oversight Task Force for
  260  its reporting to the Governor, the President of the Senate, and
  261  the Speaker of the House of Representatives regarding the
  262  prescription drug monitoring program. This subparagraph expires
  263  July 1, 2012.
  264         (e)All transmissions of data required by this section must
  265  comply with relevant state and federal privacy and security laws
  266  and regulations. However, any authorized agency or person under
  267  s. 893.0551 receiving such information as allowed by s. 893.0551
  268  may maintain the information received for up to 24 months before
  269  purging it from his or her records or maintain it for longer
  270  than 24 months if the information is pertinent to ongoing health
  271  care or an active law enforcement investigation or prosecution.
  272         (8)To assist in fulfilling program responsibilities,
  273  performance measures shall be reported annually to the Governor,
  274  the President of the Senate, and the Speaker of the House of
  275  Representatives by the department each December 1, beginning in
  276  2011. Data that does not contain patient, physician, health care
  277  practitioner, prescriber, or dispenser identifying information
  278  may be requested during the year by department employees so that
  279  the department may undertake public health care and safety
  280  initiatives that take advantage of observed trends. Performance
  281  measures may include, but are not limited to, efforts to achieve
  282  the following outcomes:
  283         (a)Reduction of the rate of inappropriate use of
  284  prescription drugs through department education and safety
  285  efforts.
  286         (b)Reduction of the quantity of pharmaceutical controlled
  287  substances obtained by individuals attempting to engage in fraud
  288  and deceit.
  289         (c)Increased coordination among partners participating in
  290  the prescription drug monitoring program.
  291         (d)Involvement of stakeholders in achieving improved
  292  patient health care and safety and reduction of prescription
  293  drug abuse and prescription drug diversion.
  294         (9)Any person who willfully and knowingly fails to report
  295  the dispensing of a controlled substance as required by this
  296  section commits a misdemeanor of the first degree, punishable as
  297  provided in s. 775.082 or s. 775.083.
  298         (10)All costs incurred by the department in administering
  299  the prescription drug monitoring program shall be funded through
  300  federal grants or private funding applied for or received by the
  301  state. The department may not commit funds for the monitoring
  302  program without ensuring funding is available. The prescription
  303  drug monitoring program and the implementation thereof are
  304  contingent upon receipt of the nonstate funding. The department
  305  and state government shall cooperate with the direct-support
  306  organization established pursuant to subsection (11) in seeking
  307  federal grant funds, other nonstate grant funds, gifts,
  308  donations, or other private moneys for the department so long as
  309  the costs of doing so are not considered material. Nonmaterial
  310  costs for this purpose include, but are not limited to, the
  311  costs of mailing and personnel assigned to research or apply for
  312  a grant. Notwithstanding the exemptions to competitive
  313  solicitation requirements under s. 287.057(5)(f), the department
  314  shall comply with the competitive-solicitation requirements
  315  under s. 287.057 for the procurement of any goods or services
  316  required by this section.
  317         (11)The Office of Drug Control, in coordination with the
  318  department, may establish a direct-support organization that has
  319  a board consisting of at least five members to provide
  320  assistance, funding, and promotional support for the activities
  321  authorized for the prescription drug monitoring program.
  322         (a)As used in this subsection, the term “direct-support
  323  organization” means an organization that is:
  324         1.A Florida corporation not for profit incorporated under
  325  chapter 617, exempted from filing fees, and approved by the
  326  Department of State.
  327         2.Organized and operated to conduct programs and
  328  activities; raise funds; request and receive grants, gifts, and
  329  bequests of money; acquire, receive, hold, and invest, in its
  330  own name, securities, funds, objects of value, or other
  331  property, either real or personal; and make expenditures or
  332  provide funding to or for the direct or indirect benefit of the
  333  department in the furtherance of the prescription drug
  334  monitoring program.
  335         (b)The direct-support organization is not considered a
  336  lobbying firm within the meaning of s. 11.045.
  337         (c)The director of the Office of Drug Control shall
  338  appoint a board of directors for the direct-support
  339  organization. The director may designate employees of the Office
  340  of Drug Control, state employees other than state employees from
  341  the department, and any other nonstate employees as appropriate,
  342  to serve on the board. Members of the board shall serve at the
  343  pleasure of the director of the Office of Drug Control. The
  344  director shall provide guidance to members of the board to
  345  ensure that moneys received by the direct-support organization
  346  are not received from inappropriate sources. Inappropriate
  347  sources include, but are not limited to, donors, grantors,
  348  persons, or organizations that may monetarily or substantively
  349  benefit from the purchase of goods or services by the department
  350  in furtherance of the prescription drug monitoring program.
  351         (d)The direct-support organization shall operate under
  352  written contract with the Office of Drug Control. The contract
  353  must, at a minimum, provide for:
  354         1.Approval of the articles of incorporation and bylaws of
  355  the direct-support organization by the Office of Drug Control.
  356         2.Submission of an annual budget for the approval of the
  357  Office of Drug Control.
  358         3.Certification by the Office of Drug Control in
  359  consultation with the department that the direct-support
  360  organization is complying with the terms of the contract in a
  361  manner consistent with and in furtherance of the goals and
  362  purposes of the prescription drug monitoring program and in the
  363  best interests of the state. Such certification must be made
  364  annually and reported in the official minutes of a meeting of
  365  the direct-support organization.
  366         4.The reversion, without penalty, to the Office of Drug
  367  Control, or to the state if the Office of Drug Control ceases to
  368  exist, of all moneys and property held in trust by the direct
  369  support organization for the benefit of the prescription drug
  370  monitoring program if the direct-support organization ceases to
  371  exist or if the contract is terminated.
  372         5.The fiscal year of the direct-support organization,
  373  which must begin July 1 of each year and end June 30 of the
  374  following year.
  375         6.The disclosure of the material provisions of the
  376  contract to donors of gifts, contributions, or bequests,
  377  including such disclosure on all promotional and fundraising
  378  publications, and an explanation to such donors of the
  379  distinction between the Office of Drug Control and the direct
  380  support organization.
  381         7.The direct-support organization’s collecting, expending,
  382  and providing of funds to the department for the development,
  383  implementation, and operation of the prescription drug
  384  monitoring program as described in this section and section 2 of
  385  this act as long as the task force is authorized. The direct
  386  support organization may collect and expend funds to be used for
  387  the functions of the direct-support organization’s board of
  388  directors, as necessary and approved by the director of the
  389  Office of Drug Control. In addition, the direct-support
  390  organization may collect and provide funding to the department
  391  in furtherance of the prescription drug monitoring program by:
  392         a.Establishing and administering the prescription drug
  393  monitoring program’s electronic database, including hardware and
  394  software.
  395         b.Conducting studies on the efficiency and effectiveness
  396  of the program to include feasibility studies as described in
  397  subsection (13).
  398         c.Providing funds for future enhancements of the program
  399  within the intent of this section.
  400         d.Providing user training of the prescription drug
  401  monitoring program, including distribution of materials to
  402  promote public awareness and education and conducting workshops
  403  or other meetings, for health care practitioners, pharmacists,
  404  and others as appropriate.
  405         e.Providing funds for travel expenses.
  406         f.Providing funds for administrative costs, including
  407  personnel, audits, facilities, and equipment.
  408         g.Fulfilling all other requirements necessary to implement
  409  and operate the program as outlined in this section.
  410         (e)The activities of the direct-support organization must
  411  be consistent with the goals and mission of the Office of Drug
  412  Control, as determined by the office in consultation with the
  413  department, and in the best interests of the state. The direct
  414  support organization must obtain a written approval from the
  415  director of the Office of Drug Control for any activities in
  416  support of the prescription drug monitoring program before
  417  undertaking those activities.
  418         (f)The Office of Drug Control, in consultation with the
  419  department, may permit, without charge, appropriate use of
  420  administrative services, property, and facilities of the Office
  421  of Drug Control and the department by the direct-support
  422  organization, subject to this section. The use must be directly
  423  in keeping with the approved purposes of the direct-support
  424  organization and may not be made at times or places that would
  425  unreasonably interfere with opportunities for the public to use
  426  such facilities for established purposes. Any moneys received
  427  from rentals of facilities and properties managed by the Office
  428  of Drug Control and the department may be held by the Office of
  429  Drug Control or in a separate depository account in the name of
  430  the direct-support organization and subject to the provisions of
  431  the letter of agreement with the Office of Drug Control. The
  432  letter of agreement must provide that any funds held in the
  433  separate depository account in the name of the direct-support
  434  organization must revert to the Office of Drug Control if the
  435  direct-support organization is no longer approved by the Office
  436  of Drug Control to operate in the best interests of the state.
  437         (g)The Office of Drug Control, in consultation with the
  438  department, may adopt rules under s. 120.54 to govern the use of
  439  administrative services, property, or facilities of the
  440  department or office by the direct-support organization.
  441         (h)The Office of Drug Control may not permit the use of
  442  any administrative services, property, or facilities of the
  443  state by a direct-support organization if that organization does
  444  not provide equal membership and employment opportunities to all
  445  persons regardless of race, color, religion, gender, age, or
  446  national origin.
  447         (i)The direct-support organization shall provide for an
  448  independent annual financial audit in accordance with s.
  449  215.981. Copies of the audit shall be provided to the Office of
  450  Drug Control and the Office of Policy and Budget in the
  451  Executive Office of the Governor.
  452         (j)The direct-support organization may not exercise any
  453  power under s. 617.0302(12) or (16).
  454         (12)A prescriber or dispenser may have access to the
  455  information under this section which relates to a patient of
  456  that prescriber or dispenser as needed for the purpose of
  457  reviewing the patient’s controlled drug prescription history. A
  458  prescriber or dispenser acting in good faith is immune from any
  459  civil, criminal, or administrative liability that might
  460  otherwise be incurred or imposed for receiving or using
  461  information from the prescription drug monitoring program. This
  462  subsection does not create a private cause of action, and a
  463  person may not recover damages against a prescriber or dispenser
  464  authorized to access information under this subsection for
  465  accessing or failing to access such information.
  466         (13)To the extent that funding is provided for such
  467  purpose through federal or private grants or gifts and other
  468  types of available moneys, the department, in collaboration with
  469  the Office of Drug Control, shall study the feasibility of
  470  enhancing the prescription drug monitoring program for the
  471  purposes of public health initiatives and statistical reporting
  472  that respects the privacy of the patient, the prescriber, and
  473  the dispenser. Such a study shall be conducted in order to
  474  further improve the quality of health care services and safety
  475  by improving the prescribing and dispensing practices for
  476  prescription drugs, taking advantage of advances in technology,
  477  reducing duplicative prescriptions and the overprescribing of
  478  prescription drugs, and reducing drug abuse. The requirements of
  479  the National All Schedules Prescription Electronic Reporting
  480  (NASPER) Act are authorized in order to apply for federal NASPER
  481  funding. In addition, the direct-support organization shall
  482  provide funding for the department, in collaboration with the
  483  Office of Drug Control, to conduct training for health care
  484  practitioners and other appropriate persons in using the
  485  monitoring program to support the program enhancements.
  486         (14)A pharmacist, pharmacy, or dispensing health care
  487  practitioner or his or her agent, before releasing a controlled
  488  substance to any person not known to such dispenser, shall
  489  require the person purchasing, receiving, or otherwise acquiring
  490  the controlled substance to present valid photographic
  491  identification or other verification of his or her identity to
  492  the dispenser. If the person does not have proper
  493  identification, the dispenser may verify the validity of the
  494  prescription and the identity of the patient with the prescriber
  495  or his or her authorized agent. Verification of health plan
  496  eligibility through a real-time inquiry or adjudication system
  497  will be considered to be proper identification. This subsection
  498  does not apply in an institutional setting or to a long-term
  499  care facility, including, but not limited to, an assisted living
  500  facility or a hospital to which patients are admitted. As used
  501  in this subsection, the term “proper identification” means an
  502  identification that is issued by a state or the Federal
  503  Government containing the person’s photograph, printed name, and
  504  signature or a document considered acceptable under 8 C.F.R.
  505  274a.2(b)(1)(v)(A) and (B).
  506         (15)The Agency for Health Care Administration shall
  507  continue the promotion of electronic prescribing by health care
  508  practitioners, health care facilities, and pharmacies under s.
  509  408.0611.
  510         (16)By October 1, 2010, the department shall adopt rules
  511  pursuant to ss. 120.536(1) and 120.54 to administer the
  512  provisions of this section, which shall include as necessary the
  513  reporting, accessing, evaluation, management, development,
  514  implementation, operation, and storage of information within the
  515  monitoring program’s system.
  516         Section 2. (1)The Program Implementation and Oversight
  517  Task Force is created within the Executive Office of the
  518  Governor. The director of the Office of Drug Control shall be a
  519  nonvoting, ex officio member of the task force and shall act as
  520  chair. The Office of Drug Control and the Department of Health
  521  shall provide staff support for the task force.
  522         (a)The following state officials shall serve on the task
  523  force:
  524         1.The Attorney General or his or her designee.
  525         2.The Secretary of Children and Family Services or his or
  526  her designee.
  527         3.The Secretary of Health Care Administration or his or
  528  her designee.
  529         4.The State Surgeon General or his or her designee.
  530         (b)In addition, the Governor shall appoint 12 members of
  531  the public to serve on the task force. Of these 12 appointed
  532  members, one member must have professional or occupational
  533  expertise in computer security; one member must be a Florida
  534  licensed, board-certified oncologist; two members must be
  535  Florida-licensed, fellowship-trained, pain-medicine physicians;
  536  one member must be a Florida-licensed primary care physician who
  537  has experience in prescribing scheduled prescription drugs; one
  538  member must have professional or occupational expertise in e
  539  Prescribing or prescription drug monitoring programs; two
  540  members must be a Florida-licensed pharmacists; one member must
  541  have professional or occupational expertise in the area of law
  542  enforcement and have experience in prescription drug
  543  investigations; one member must have professional or
  544  occupational expertise as an epidemiologist and have a
  545  background in tracking and analyzing drug trends; and two
  546  members must have professional or occupational expertise as
  547  providers of substance abuse treatment, with priority given to a
  548  member who is a former substance abuser.
  549         (c)Members appointed by the Governor shall be appointed to
  550  a term of 3 years each. Any vacancy on the task force shall be
  551  filled in the same manner as the original appointment, and any
  552  member appointed to fill a vacancy shall serve only for the
  553  unexpired term of the member’s predecessor.
  554         (d)Members of the task force and members of subcommittees
  555  appointed under subsection (4) shall serve without compensation,
  556  but are entitled to reimbursement for per diem and travel
  557  expenses as provided in s. 112.061, Florida Statutes.
  558         (e)The task force shall meet at least quarterly or upon
  559  the call of the chair.
  560         (2)The purpose of the task force is to monitor the
  561  implementation and safeguarding of the electronic system
  562  established for the prescription drug monitoring program under
  563  s. 893.055, Florida Statutes, and to ensure privacy, protection
  564  of individual medication history, and the electronic system’s
  565  appropriate use by physicians, dispensers, pharmacies, law
  566  enforcement agencies, and those authorized to request
  567  information from the electronic system.
  568         (3)The Office of Drug Control shall submit a report to the
  569  Governor, the President of the Senate, and the Speaker of the
  570  House of Representatives by December 1 of each year which
  571  contains a summary of the work of the task force during that
  572  year and the recommendations developed in accordance with the
  573  task force’s purpose as provided in subsection (2). Interim
  574  reports may be submitted at the discretion of the chair.
  575         (4)The chair of the task force may appoint subcommittees
  576  that include members of state agencies that are not represented
  577  on the task force for the purpose of soliciting input and
  578  recommendations from those state agencies as needed by the task
  579  force to accomplish its purpose as provided in subsection (2).
  580  In addition, the chair may appoint subcommittees as necessary
  581  from among the members of the task force in order to efficiently
  582  address specific issues. If a state agency is to be represented
  583  on any subcommittee, the representative shall be the head of the
  584  agency or his or her designee. The chair may designate lead and
  585  contributing agencies within a subcommittee.
  586         (5)The direct-support organization created in s. 895.055,
  587  Florida Statutes, may collect, expend, and provide funds and
  588  other assistance to the department for the development,
  589  implementation, and operation of the task force.
  590         (6)The task force shall provide a final report in
  591  accordance with the task force’s purpose as provided in
  592  subsection (2) on July 1, 2012, to the Governor, the President
  593  of the Senate, and the Speaker of the House of Representatives.
  594  Such report shall be prepared using only data that does not
  595  identify a patient, a prescriber, or a dispenser. The task force
  596  shall expire and this section is repealed on that date unless
  597  reenacted by the Legislature.
  598         Section 3. Subsections (4) and (5) are added to section
  599  458.309, Florida Statutes, to read:
  600         458.309 Rulemaking authority.—
  601         (4)All privately owned pain-management clinics,
  602  facilities, or offices, hereinafter referred to as “clinics,”
  603  which advertise in any medium for any type of pain-management
  604  services, or employ a physician who is primarily engaged in the
  605  treatment of pain by prescribing or dispensing controlled
  606  substance medications, must register with the department by
  607  January 4, 2010, unless that clinic is licensed as a facility
  608  pursuant to chapter 395. A physician may not practice medicine
  609  in a pain-management clinic that is required to but has not
  610  registered with the department. Each clinic location shall be
  611  registered separately regardless of whether the clinic is
  612  operated under the same business name or management as another
  613  clinic. If the clinic is licensed as a health care clinic under
  614  chapter 400, the medical director is responsible for registering
  615  the facility with the department. If the clinic is not
  616  registered pursuant to chapter 395 or chapter 400, the clinic
  617  shall, upon registration with the department, designate a
  618  physician who is responsible for complying with all requirements
  619  related to registration of the clinic. The designated physician
  620  shall be licensed under this chapter or chapter 459 and shall
  621  practice at the office location for which the physician has
  622  assumed responsibility. The department shall inspect the clinic
  623  annually to ensure that it complies with rules of the Board of
  624  Medicine adopted pursuant to this subsection and subsection (5)
  625  unless the office is accredited by a nationally recognized
  626  accrediting agency approved by the Board of Medicine. The actual
  627  costs for registration and inspection or accreditation shall be
  628  paid by the physician seeking to register the clinic.
  629         (5)The Board of Medicine shall adopt rules setting forth
  630  standards of practice for physicians practicing in privately
  631  owned pain-management clinics that primarily engage in the
  632  treatment of pain by prescribing or dispensing controlled
  633  substance medications. Such rules shall address, but need not be
  634  limited to, the following subjects:
  635         (a)Facility operations;
  636         (b)Physical operations;
  637         (c)Infection control requirements;
  638         (d)Health and safety requirements;
  639         (e)Quality assurance requirements;
  640         (f)Patient records;
  641         (g)Training requirements for all facility health care
  642  practitioners who are not regulated by another board;
  643         (h)Inspections; and
  644         (i)Data collection and reporting requirements.
  645  
  646  A physician is primarily engaged in the treatment of pain by
  647  prescribing or dispensing controlled substance medications when
  648  the majority of the patients seen are prescribed or dispensed
  649  controlled substance medications for the treatment of chronic
  650  nonmalignant pain. Chronic nonmalignant pain is pain unrelated
  651  to cancer which persists beyond the usual course of the disease
  652  or the injury that is the cause of the pain or more than 90 days
  653  after surgery.
  654         Section 4. Subsections (3) and (4) are added to section
  655  459.005, Florida Statutes, to read:
  656         459.005 Rulemaking authority.—
  657         (3)All privately owned pain-management clinics,
  658  facilities, or offices, hereinafter referred to as “clinics,”
  659  which advertise in any medium for any type of pain-management
  660  services, or employ a physician who is licensed under this
  661  chapter and who is primarily engaged in the treatment of pain by
  662  prescribing or dispensing controlled substance medications, must
  663  register with the department by January 4, 2010, unless that
  664  clinic is licensed as a facility under chapter 395. A physician
  665  may not practice osteopathic medicine in a pain-management
  666  clinic that is required to but has not registered with the
  667  department. Each clinic location shall be registered separately
  668  regardless of whether the clinic is operated under the same
  669  business name or management as another clinic. If the clinic is
  670  licensed as a health care clinic under chapter 400, the medical
  671  director is responsible for registering the facility with the
  672  department. If the clinic is not registered under chapter 395 or
  673  chapter 400, the clinic shall, upon registration with the
  674  department, designate a physician who is responsible for
  675  complying with all requirements related to registration of the
  676  clinic. The designated physician shall be licensed under chapter
  677  458 or this chapter and shall practice at the office location
  678  for which the physician has assumed responsibility. The
  679  department shall inspect the clinic annually to ensure that it
  680  complies with rules of the Board of Osteopathic Medicine adopted
  681  pursuant to this subsection and subsection (4) unless the office
  682  is accredited by a nationally recognized accrediting agency
  683  approved by the Board of Osteopathic Medicine. The actual costs
  684  for registration and inspection or accreditation shall be paid
  685  by the physician seeking to register the clinic.
  686         (4)The Board of Osteopathic Medicine shall adopt rules
  687  setting forth standards of practice for physicians who practice
  688  in privately owned pain-management clinics that primarily engage
  689  in the treatment of pain by prescribing or dispensing controlled
  690  substance medications. Such rules shall address, but need not be
  691  limited to, the following subjects:
  692         (a)Facility operations;
  693         (b)Physical operations;
  694         (c)Infection control requirements;
  695         (d)Health and safety requirements;
  696         (e)Quality assurance requirements;
  697         (f)Patient records;
  698         (g)Training requirements for all facility health care
  699  practitioners who are not regulated by another board;
  700         (h)Inspections; and
  701         (i)Data collection and reporting requirements.
  702  
  703  A physician is primarily engaged in the treatment of pain by
  704  prescribing or dispensing controlled substance medications when
  705  the majority of the patients seen are prescribed or dispensed
  706  controlled substance medications for the treatment of chronic
  707  nonmalignant pain. Chronic nonmalignant pain is pain unrelated
  708  to cancer which persists beyond the usual course of the disease
  709  or the injury that is the cause of the pain or more than 90 days
  710  after surgery.
  711         Section 5. This act shall take effect July 1, 2009.
  712  
  713  
  714  ================= T I T L E  A M E N D M E N T ================
  715         And the title is amended as follows:
  716         Delete everything before the enacting clause
  717  and insert:
  718                        A bill to be entitled                      
  719         An act relating to prescription drugs; creating s.
  720         893.055, F.S.; providing definitions; requiring the
  721         Department of Health to establish a comprehensive
  722         electronic database system to monitor the prescribing
  723         and dispensing of certain controlled substances;
  724         requiring specified prescribing and dispensing
  725         information to be reported to the electronic database
  726         system; requiring the department to establish policies
  727         and procedures for the system; requiring the
  728         department, in conjunction with the Office of Drug
  729         Control and specified organizations, to adopt by rules
  730         appropriate for the prescription drug monitoring
  731         program; providing reporting requirements; providing a
  732         reporting period; providing exemptions from
  733         participation in the system; authorizing the
  734         department to establish when to suspend and when to
  735         resume reporting requirements during declared
  736         emergencies; requiring all nonexempt, dispensing
  737         pharmacists and practitioners to submit information in
  738         a specified format; providing that the cost to the
  739         dispenser in submitting the required information may
  740         not be material or extraordinary; specifying costs
  741         that are not material or extraordinary; providing
  742         access to information reported to the system under
  743         certain circumstances; providing that information in
  744         the database for the electronic prescription drug
  745         monitoring system is not discoverable or admissible in
  746         any civil or administrative action; providing
  747         exceptions; providing for the use of data for
  748         specified purposes; providing requirements for
  749         verification of information requested; requiring data
  750         transmission to comply with state and federal privacy
  751         and security laws; authorizing an agency or person to
  752         maintain the data for a specified period if the data
  753         is pertinent to active health care or law enforcement
  754         investigation or prosecution; requiring the annual
  755         reporting of certain performance measures to the
  756         Governor and Legislature; providing performance
  757         measure criteria; providing criminal penalties for
  758         violations; requiring that all costs incurred by the
  759         department for the program be funded through federal
  760         grants or available private funding sources; providing
  761         requirements for seeking funding and procuring goods
  762         or services; authorizing the Office of Drug Control,
  763         in coordination with the department, to establish a
  764         direct-support organization; providing a definition;
  765         providing for a board of directors appointed by the
  766         director of the office; requiring the director to
  767         provide guidance to the board regarding acceptance of
  768         moneys from appropriate sources; requiring the direct
  769         support organization to operate under written contract
  770         with the office; providing contract requirements;
  771         providing requirements for the direct-support
  772         organization’s collecting, expending, and providing of
  773         funds; requiring department approval of activities of
  774         the direct-support organization; authorizing the
  775         office to adopt rules for the use of certain
  776         facilities and services; providing for audits;
  777         prohibiting the direct-support organization from
  778         exercising certain powers; establishing that a
  779         prescriber or dispenser is not liable for good faith
  780         use of the department-provided controlled substance
  781         prescription information of a patient; requiring the
  782         department, in collaboration with the office, to study
  783         the feasibility of enhancing the prescription drug
  784         monitoring program for specified purposes to the
  785         extent that funding is provided for such purpose;
  786         requiring certain persons to present specified
  787         identification in order to obtain controlled
  788         substances; providing for recordkeeping for certain
  789         transactions; requiring the Agency for Health Care
  790         Administration to continue the promotion of electronic
  791         prescribing and an electronic prescribing
  792         clearinghouse; requiring the department to adopt
  793         rules; establishing a Program Implementation and
  794         Oversight Task Force; providing for membership;
  795         providing for reimbursement of certain member
  796         expenses; providing for meetings; providing the
  797         purpose of the task force; requiring reports to the
  798         Governor and Legislature; providing for the creation,
  799         membership, and duties of subcommittees; authorizing
  800         the direct-support organization to collect, expend,
  801         and provide funds and other assistance to the
  802         department; providing for a final report and the
  803         termination of the task force; amending ss. 458.309
  804         and 459.005, F.S.; requiring certain physicians who
  805         engage in pain management to register their clinics
  806         with the department by a specified date; prohibiting
  807         certain physicians from practicing in a pain
  808         management clinic that has not registered with the
  809         department; requiring the department to inspect each
  810         facility; providing for exceptions; requiring the
  811         physician seeking to register the clinic to pay the
  812         costs of registration and inspection or accreditation;
  813         requiring the Board of Medicine and the Board of
  814         Osteopathic Medicine to adopt rules setting forth
  815         standards of practice for certain physicians who
  816         engage in pain management; providing criteria for the
  817         rules; providing an effective date.
  818  
  819         WHEREAS, as has been advocated by numerous pain management
  820  experts, addiction medicine experts, pharmacists, and law
  821  enforcement personnel, a prescription drug monitoring program
  822  that provides for reporting and advisory information and other
  823  specified information is established pursuant to this act to
  824  serve as a means to promote the public health and welfare and to
  825  detect and prevent controlled substance abuse and diversion, and
  826         WHEREAS, while the importance and necessity of the proper
  827  prescribing, dispensing, and monitoring of controlled
  828  substances, particularly pain medication, have been established,
  829  controlled prescription drugs are too often diverted in this
  830  state, often through fraudulent means, including outright theft,
  831  phony pharmacy fronts, loose Internet medical evaluations, and
  832  inappropriate importation; in addition, there is a criminal
  833  element that facilitates the prescription drug abuse epidemic
  834  through illegal profitmaking from the diversion of certain
  835  controlled substances that are prescribed or dispensed by
  836  physicians, health care practitioners, and pharmacists, and
  837         WHEREAS, in 2007, 8,620 drug-related deaths occurred in
  838  this state, 3,159 of which were caused by prescription drugs, an
  839  average of nearly 9 Floridians dying each day from prescription
  840  drugs; Schedule IV benzodiazepines, such as Xanax and Valium,
  841  were found to be present in more drug-related deaths than
  842  cocaine; and opiate pain medications were found to be
  843  contributing to the increasing numbers of drug-related deaths,
  844  and
  845         WHEREAS, pharmaceutical drug diversion hurts this state
  846  significantly in terms of lost lives, increased crime, human
  847  misery from addiction, and ballooning health care costs
  848  connected to treatment, medical expenses, and Medicaid fraud
  849  that all Floridians ultimately bear, and
  850         WHEREAS, the intent of this act is not to interfere with
  851  the legitimate medical use of controlled substances; however,
  852  the people of this state are in need of and will benefit from a
  853  secure and privacy-protected statewide electronic system of
  854  specified prescription drug medication information created
  855  primarily to encourage safer controlled substance prescription
  856  decisions that reduce the number of prescription drug overdoses
  857  and the number of drug overdose deaths; to educate and inform
  858  health care practitioners and provide an added tool in patient
  859  care, including appropriate treatment for patients who have
  860  become addicted; to guide public health initiatives to educate
  861  the population on the dangers of misusing prescription drugs; to
  862  prevent the abuse or diversion of prescribed controlled
  863  substances; and to ensure that those who need prescribed
  864  controlled substances receive them in a manner that protects
  865  patient confidentiality, and
  866         WHEREAS, while certain medicines are very helpful if
  867  properly prescribed to a patient in need and then used as
  868  prescribed, they may be dangerous or even deadly if improperly
  869  dispensed, misused, or diverted, and
  870         WHEREAS, it is the intent of the Legislature to encourage
  871  patient safety, responsible pain management, and proper access
  872  to useful prescription drugs that are prescribed by a
  873  knowledgeable, properly licensed health care practitioner who
  874  dispenses prescription drugs and that are dispensed by a
  875  pharmacist who is made aware of the patient’s prescription drug
  876  medication history, thus preventing, in some cases, an abuse or
  877  addiction problem from developing or worsening, making such a
  878  problem possible or easier to identify, and facilitating the
  879  order of appropriate medical treatment or referral, and
  880         WHEREAS, such an electronic system will also aid
  881  administrative and law enforcement agencies in an active
  882  controlled substance-related investigation and will allow
  883  decisions and recommendations for pursuing appropriate
  884  administrative or criminal actions while maintaining such
  885  information for any such investigation with a reasonable, good
  886  faith anticipation of securing an arrest or prosecution in the
  887  foreseeable future, and
  888         WHEREAS, a Program Implementation and Oversight Task Force
  889  will provide information to the Governor and Legislature
  890  regarding the implementation of the program and ensure that
  891  privacy and confidentiality of the patient’s prescription
  892  history is respected, NOW, THEREFORE,