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 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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: 7 893.055 Prescription 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,