Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 462
       
       
       
       
       
       
                                Barcode 229192                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/31/2009           .                                
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       The Committee on Governmental Oversight and Accountability
       (Jones) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         893.055Prescription drug monitoring program.—
    6         (1)As used in this section, the term:
    7         (a)“Advisory report” means information provided by the
    8  department in writing, or as determined by the department, to a
    9  prescriber, dispenser, pharmacy, or patient concerning the
   10  dispensing of controlled substances. All advisory reports are
   11  for informational purposes only and impose no obligations of any
   12  nature or any legal duty on a prescriber, dispenser, pharmacy,
   13  or patient. The advisory reports issued by the department are
   14  not subject to discovery or introduction into evidence in any
   15  civil or administrative action against a prescriber, dispenser,
   16  pharmacy, or patient arising out of matters that are the subject
   17  of the report, and a person who participates in preparing,
   18  reviewing, issuing, or other activity related to an advisory
   19  report may not be permitted or required to testify in any such
   20  civil action as to any findings, recommendations, evaluations,
   21  opinions, or other actions taken in connection with preparing,
   22  reviewing, or issuing such a report.
   23         (b)“Controlled substance” means a controlled substance
   24  listed in Schedule II, Schedule III, or Schedule IV in s.
   25  893.03.
   26         (c)“Dispenser” means a dispensing pharmacist or dispensing
   27  health care practitioner.
   28         (d)“Health care practitioner” or “practitioner” means any
   29  practitioner who is subject to licensure or regulation by the
   30  department under chapter 458, chapter 459, chapter 461, chapter
   31  462, chapter 464, chapter 465, or chapter 466.
   32         (e)“Health care regulatory board” means any board for a
   33  practitioner or health care practitioner who is licensed or
   34  regulated by the department.
   35         (f)“Pharmacy” means any pharmacy that is subject to
   36  licensure or regulation by the department under chapter 465 and
   37  that dispenses or delivers a controlled substance to an
   38  individual or address in this state.
   39         (g)“Prescriber” means a prescribing physician, prescribing
   40  practitioner, or other prescribing health care practitioner.
   41         (2)(a)By December 1, 2010, the department shall design and
   42  establish a comprehensive electronic database system that has
   43  controlled substance prescriptions provided to it and that
   44  provides prescription information to a patient’s health care
   45  practitioner and pharmacist who inform the department that they
   46  wish the patient advisory report provided to them. Otherwise,
   47  the patient advisory report will not be sent to the
   48  practitioner, pharmacy, or pharmacist. The system shall be
   49  designed to provide information regarding dispensed
   50  prescriptions of controlled substances and shall not infringe
   51  upon the legitimate prescribing or dispensing of a controlled
   52  substance by a prescriber or dispenser acting in good faith and
   53  in the course of professional practice. The system shall be
   54  consistent with standards of the American Society for Automation
   55  in Pharmacy (ASAP). The electronic system shall also comply with
   56  the Health Insurance Portability and Accountability Act (HIPAA)
   57  as it pertains to protected health information (PHI), electronic
   58  protected health information (EPHI), and all other relevant
   59  state and federal privacy and security laws and regulations. The
   60  reporting of prescribed controlled substances shall include a
   61  dispensing transaction with a dispenser pursuant to chapter 465
   62  or through a dispensing transaction with a pharmacy that is not
   63  located in this state but who is otherwise subject to the
   64  jurisdiction of this state as to that dispensing transaction.
   65  The reporting of patient advisories only refers to reports to
   66  pharmacists and practitioners. Separate reports that have
   67  patient prescription history information that are not patient
   68  advisory reports are provided to persons and entities as
   69  authorized in paragraphs (7)(b) and (c) and s. 893.0551.
   70         (b)The department shall adopt rules as necessary
   71  concerning the reporting, accessing, evaluation, management,
   72  development, implementation, operation, and storage of
   73  information within the system, including rules for when patient
   74  advisory reports and patient information is provided to
   75  pharmacies, prescribers, and health care practitioners and rules
   76  for when health care regulatory boards, law enforcement
   77  agencies, and other persons or organizations authorized in this
   78  section and s. 893.0551 are provided patient prescription
   79  history information from the database unless provision of such
   80  information is otherwise described in this section. Such rules
   81  shall be developed with a reasonable-person standard for
   82  controlled prescription drug dispensers, prescribers, and
   83  patients. The department shall work with the professional health
   84  care licensure boards, such as the Board of Medicine and the
   85  Board of Pharmacy; other appropriate organizations, such as the
   86  Florida Pharmacy Association and the Florida Medical
   87  Association, including those relating to pain management; and
   88  the Attorney General, the Department of Law Enforcement, and the
   89  Agency for Health Care Administration, to develop the
   90  reasonable-person standard for rules appropriate for the
   91  prescription drug monitoring program.
   92         (c)All dispensers and prescribers subject to these
   93  reporting requirements shall be notified by the department of
   94  the implementation date for such reporting requirements.
   95         (3)The pharmacy dispensing the controlled substance and
   96  each prescriber who directly dispenses a controlled substance
   97  shall submit to the electronic system, by a procedure and in a
   98  format established by the department and consistent with an
   99  ASAP-approved format, the following information for inclusion in
  100  the database:
  101         (a)The name of the prescribing practitioner, the
  102  practitioner’s federal Drug Enforcement Administration
  103  registration number, the practitioner’s National Provider
  104  Identification (NPI) or other appropriate identifier, and the
  105  date of the prescription.
  106         (b)The date the prescription was filled and the method of
  107  payment, such as cash by an individual or insurance through a
  108  third party. This paragraph does not authorize the department to
  109  include individual credit card or other account numbers in the
  110  database.
  111         (c)The full name, address, and date of birth of the person
  112  for whom the prescription was written.
  113         (d)The name, national drug code, quantity, and strength of
  114  the controlled substance dispensed.
  115         (e)The full name and address of the pharmacy or other
  116  location from which the controlled substance was dispensed.
  117         (f)The name of the pharmacy or practitioner other than a
  118  pharmacist, dispensing the controlled substance and the
  119  practitioner’s National Provider Identification (NPI).
  120         (g)Other appropriate identifying information as determined
  121  by department rule.
  122         (4)Each time a controlled substance is dispensed to an
  123  individual, the controlled substance shall be reported to the
  124  department through the system as soon thereafter as possible,
  125  but not more than 15 days after the date the controlled
  126  substance is dispensed unless an extension is approved by the
  127  department for cause as determined by rule. A dispenser must
  128  meet the reporting requirements of this section by providing the
  129  required information concerning each controlled substance that
  130  it dispensed in a department-approved, secure methodology and
  131  format. Such approved formats may include, but are not limited
  132  to, submission via the Internet, on a disc, or by use of regular
  133  mail.
  134         (5)The following are exempt from this section when
  135  administering or dispensing a controlled substance:
  136         (a)A health care practitioner administering a controlled
  137  substance directly to a patient if the amount of the controlled
  138  substance is adequate to treat the patient during that
  139  particular treatment session.
  140         (b)A pharmacist or health care practitioner administering
  141  a controlled substance to a patient or resident receiving care
  142  as a patient at a hospital, nursing home, ambulatory surgical
  143  center, hospice, or intermediate care facility for the
  144  developmentally disabled which is licensed in this state.
  145         (c)A practitioner administering a controlled substance in
  146  the health care system of the Department of Corrections.
  147         (d)A practitioner administering a controlled substance in
  148  the emergency room of a licensed hospital.
  149         (e)A health care practitioner administering or dispensing
  150  a controlled substance to a person under the age of 16.
  151         (f)A pharmacist or a dispensing practitioner dispensing a
  152  one-time, 72-hour emergency resupply of a controlled substance
  153  to a patient.
  154         (6)The department may establish when to suspend and when
  155  to resume reporting information during a state-declared or
  156  nationally declared disaster.
  157         (7)(a)A practitioner or pharmacist who dispenses a
  158  controlled substance must submit the information required by
  159  this section in an electronic or other method in an ASAP format
  160  approved by rule of the department unless otherwise provided in
  161  this section. The cost to the dispenser in submitting the
  162  information required by this section may not be material or
  163  extraordinary. Costs not considered to be material or
  164  extraordinary include, but are not limited to, regular postage,
  165  electronic media, regular electronic mail, and facsimile
  166  charges.
  167         (b)A pharmacy, prescriber, or dispenser shall have direct
  168  access to information in the prescription drug monitoring
  169  program’s database which relates to a patient of that pharmacy,
  170  prescriber, or dispenser in a manner established by the
  171  department as needed for the purpose of reviewing the patient’s
  172  controlled substance prescription history. Other access to the
  173  program’s database shall be limited to the program’s manager and
  174  to the designated program and support staff, who may act only at
  175  the direction of the program manager or in the absence of the
  176  program manager. Access by the program manager or such
  177  designated staff is for prescription drug program management
  178  only or for management of the program’s database and its system
  179  in support of the requirements of this section and in
  180  furtherance of the prescription drug monitoring program.
  181  Confidential and exempt information in the database shall be
  182  released only as provided in paragraph (c) and s. 893.0551.
  183         (c)The following entities shall not be allowed direct
  184  access to information in the prescription drug monitoring
  185  program database but may request from the program manager and,
  186  when authorized by the program manager, the program manager’s
  187  program and support staff, information that is confidential and
  188  exempt under s. 893.0551. Prior to release, the request shall be
  189  verified as authentic and authorized with the requesting
  190  organization by the program manager, the program manager’s
  191  program and support staff, or as determined in rules by the
  192  department as being authentic and as having been authorized by
  193  the requesting entity:
  194         1.The department’s relevant health care regulatory boards
  195  responsible for the licensure, regulation, or discipline of
  196  practitioners, pharmacists, or other persons who are authorized
  197  to prescribe, administer, or dispense controlled substances and
  198  who are involved in a specific controlled substance
  199  investigation involving a designated person for one or more
  200  prescribed controlled substances.
  201         2.The Attorney General for Medicaid fraud cases involving
  202  prescribed controlled substances.
  203         3.A law enforcement agency, as described in s.
  204  893.0551(2)(c), during ongoing investigations as provided in s.
  205  893.07 or during active investigations as defined in s. 119.011
  206  regarding potential criminal activity, fraud, or theft regarding
  207  prescribed controlled substances. The database information is
  208  available only for criminal cases.
  209         4.A patient or the legal guardian or designated health
  210  care surrogate of an incapacitated patient as described in s.
  211  893.0551 who, for the purpose of verifying the accuracy of the
  212  database information, submits a written and notarized request
  213  that includes the patient's full name, address, and date of
  214  birth, and includes the same information if the legal guardian
  215  or health care surrogate submits the request. The request shall
  216  be validated by the department to verify the identity of the
  217  patient and the legal guardian or health care surrogate, if the
  218  patient's legal guardian or health care surrogate is the
  219  requestor. Such verification is also required for any request to
  220  change a patient's prescription history or other information
  221  related to his or her information in the electronic database.
  222         (d)The following entities shall not be allowed direct
  223  access to information in the prescription drug monitoring
  224  program database but may request from the program manager and,
  225  when authorized by the program manager, the program manager’s
  226  program and support staff, information that contains no
  227  identifying information of any patient, physician, health care
  228  practitioner, prescriber, or dispenser and that is not
  229  confidential and exempt:
  230         1.Department staff for the purpose of calculating
  231  performance measures pursuant to subsection (8).
  232         2.The Program Implementation and Oversight Task Force for
  233  its reporting to the Governor, the President of the Senate, and
  234  the Speaker of the House of Representatives regarding the
  235  prescription drug monitoring program. This subparagraph expires
  236  July 1, 2012.
  237         (e)All transmissions of data required by this section must
  238  comply with relevant state and federal privacy and security laws
  239  and regulations. However, any authorized agency or person under
  240  s. 893.0551 receiving such information as allowed by s. 893.0551
  241  may maintain the information received for up to 24 months before
  242  purging it from his or her records or maintain it for longer
  243  than 24 months if the information is pertinent to ongoing health
  244  care or an active law enforcement investigation or prosecution.
  245         (8)To assist in fulfilling program responsibilities,
  246  performance measures shall be reported annually to the Governor,
  247  the President of the Senate, and the Speaker of the House of
  248  Representatives by the department each December 1, beginning in
  249  2011. Data that does not contain patient, physician, health care
  250  practitioner, prescriber, or dispenser identifying information
  251  may be requested during the year by department employees so that
  252  the department may undertake public health care and safety
  253  initiatives that take advantage of observed trends. Performance
  254  measures may include, but are not limited to, efforts to achieve
  255  the following outcomes:
  256         (a)Reduction of the rate of inappropriate use of
  257  prescription drugs through department education and safety
  258  efforts.
  259         (b)Reduction of the quantity of pharmaceutical controlled
  260  substances obtained by individuals attempting to engage in fraud
  261  and deceit.
  262         (c)Increased coordination among partners participating in
  263  prescription drug monitoring program.
  264         (d)Involvement of stakeholders in achieving improved
  265  patient health care and safety and reduction of prescription
  266  drug abuse and prescription drug diversion.
  267         (9)Any person who willfully and knowingly fails to report
  268  the dispensing of a controlled substance as required by this
  269  section commits a misdemeanor of the first degree, punishable as
  270  provided in s. 775.082 or s. 775.083.
  271         (10)All costs incurred by the department in administering
  272  the prescription drug monitoring program shall be funded through
  273  federal grants or private funding applied for or received by the
  274  state. The department may not commit funds for the monitoring
  275  program without ensuring funding is available. The prescription
  276  drug monitoring program and the implementation thereof are
  277  contingent upon receipt of the nonstate funding. The department
  278  and state government shall cooperate with the direct-support
  279  organization established pursuant to subsection (11) in seeking
  280  federal grant funds, other nonstate grant funds, gifts,
  281  donations, or other private moneys for the department so long as
  282  the costs of doing so are not considered material. Nonmaterial
  283  costs for this purpose include, but are not limited to, the
  284  costs of mailing and personnel assigned to research or apply for
  285  a grant. Notwithstanding the exemptions to competitive
  286  solicitation requirements under s. 287.057(5)(f), the department
  287  shall comply with the competitive-solicitation requirements
  288  under s. 287.057 for the procurement of any goods or services
  289  required by this section.
  290         (11)The Office of Drug Control, in coordination with the
  291  department, may establish a direct-support organization that has
  292  a board consisting of at least five members to provide
  293  assistance, funding, and promotional support for the activities
  294  authorized for the prescription drug monitoring program.
  295         (a)As used in this subsection, the term “direct-support
  296  organization” means an organization that is:
  297         1.A Florida corporation not for profit incorporated under
  298  chapter 617, exempted from filing fees, and approved by the
  299  Department of State.
  300         2.Organized and operated to conduct programs and
  301  activities; raise funds; request and receive grants, gifts, and
  302  bequests of money; acquire, receive, hold, and invest, in its
  303  own name, securities, funds, objects of value, or other
  304  property, either real or personal; and make expenditures to or
  305  for the direct or indirect benefit of the department in the
  306  furtherance of the prescription drug monitoring program.
  307         (b)The direct-support organization is not considered a
  308  lobbying firm within the meaning of s. 11.045.
  309         (c)The director of the Office of Drug Control shall
  310  appoint a board of directors for the direct-support
  311  organization. The director may designate employees of the Office
  312  of Drug Control, state employees other than state employees from
  313  the department, and any other nonstate employees as appropriate,
  314  to serve on the board. Members of the board shall serve at the
  315  pleasure of the director of the Office of Drug Control. The
  316  director shall provide guidance to members of the board to
  317  ensure that moneys received by the direct-support organization
  318  are not received from inappropriate sources. Inappropriate
  319  sources include, but are not limited to, donors, grantors,
  320  persons, or organizations that may monetarily or substantively
  321  benefit from the purchase of goods or services by the department
  322  in furtherance of the prescription drug monitoring program.
  323         (d)The direct-support organization shall operate under
  324  written contract with the Office of Drug Control. The contract
  325  must, at a minimum, provide for:
  326         1.Approval of the articles of incorporation and bylaws of
  327  the direct-support organization by the Office of Drug Control.
  328         2.Submission of an annual budget for the approval of the
  329  Office of Drug Control.
  330         3.Certification by the Office of Drug Control in
  331  consultation with the department that the direct-support
  332  organization is complying with the terms of the contract in a
  333  manner consistent with and in furtherance of the goals and
  334  purposes of the prescription drug monitoring program and in the
  335  best interests of the state. Such certification must be made
  336  annually and reported in the official minutes of a meeting of
  337  the direct-support organization.
  338         4.The reversion, without penalty, to the Office of Drug
  339  Control, or to the state if the Office of Drug Control ceases to
  340  exist, of all moneys and property held in trust by the direct
  341  support organization for the benefit of the prescription drug
  342  monitoring program if the direct-support organization ceases to
  343  exist or if the contract is terminated.
  344         5.The fiscal year of the direct-support organization,
  345  which must begin July 1 of each year and end June 30 of the
  346  following year.
  347         6.The disclosure of the material provisions of the
  348  contract to donors of gifts, contributions, or bequests,
  349  including such disclosure on all promotional and fundraising
  350  publications, and an explanation to such donors of the
  351  distinction between the Office of Drug Control and the direct
  352  support organization.
  353         7.The direct-support organization’s collecting, expending,
  354  and providing of funds to the department for the development,
  355  implementation, and operation of the prescription drug
  356  monitoring program as described in subsections (2), (3), and
  357  (4). The direct-support organization may collect and expend
  358  funds to be used for the functions of the direct-support
  359  organization’s board of directors, as necessary and approved by
  360  the director of the Office of Drug Control. In addition, the
  361  direct-support organization may collect and provide funding to
  362  the department in furtherance of the prescription drug
  363  monitoring program by:
  364         a.Establishing and administering the prescription drug
  365  monitoring program’s electronic database, including hardware,
  366  software, and personnel.
  367         b.Conducting studies on the efficiency and effectiveness
  368  of the program.
  369         c.Providing funds for future enhancements of the program
  370  within the intent of this section.
  371         d.Providing user training of the prescription drug
  372  monitoring program, including distribution of materials to
  373  promote public awareness and education and conducting workshops
  374  or other meetings, for health care practitioners, pharmacists,
  375  and others as appropriate.
  376         e.Providing funds for travel expenses.
  377         f.Providing funds for administrative costs, including
  378  personnel, audits, facilities, and equipment.
  379         g.Fulfilling all other requirements necessary to implement
  380  and operate the program as outlined in this section.
  381         (e)The activities of the direct-support organization must
  382  be consistent with the goals and mission of the Office of Drug
  383  Control, as determined by the office in consultation with the
  384  department, and in the best interests of the state. The direct
  385  support organization must obtain a written approval from the
  386  director of the Office of Drug Control for any activities in
  387  support of the prescription drug monitoring program before
  388  undertaking those activities.
  389         (f)The Office of Drug Control, in consultation with the
  390  department, may permit, without charge, appropriate use of
  391  administrative services, property, and facilities of the Office
  392  of Drug Control and the department by the direct-support
  393  organization, subject to this section. The use must be directly
  394  in keeping with the approved purposes of the direct-support
  395  organization and may not be made at times or places that would
  396  unreasonably interfere with opportunities for the public to use
  397  such facilities for established purposes. Any moneys received
  398  from rentals of facilities and properties managed by the Office
  399  of Drug Control and the department may be held by the Office of
  400  Drug Control or in a separate depository account in the name of
  401  the direct-support organization and subject to the provisions of
  402  the letter of agreement with the Office of Drug Control. The
  403  letter of agreement must provide that any funds held in the
  404  separate depository account in the name of the direct-support
  405  organization must revert to the Office of Drug Control if the
  406  direct-support organization is no longer approved by the Office
  407  of Drug Control to operate in the best interests of the state.
  408         (g)The Office of Drug Control, in consultation with the
  409  department, may adopt rules under s. 120.54 to govern the use of
  410  administrative services, property, or facilities of the
  411  department or office by the direct-support organization.
  412         (h)The Office of Drug Control may not permit the use of
  413  any administrative services, property, or facilities of the
  414  state by a direct-support organization if that organization does
  415  not provide equal membership and employment opportunities to all
  416  persons regardless of race, color, religion, gender, age, or
  417  national origin.
  418         (i)The direct-support organization shall provide for an
  419  independent annual financial audit in accordance with s.
  420  215.981. Copies of the audit shall be provided to the Office of
  421  Drug Control and the Office of Policy and Budget in the
  422  Executive Office of the Governor.
  423         (j)The direct-support organization may not exercise any
  424  power under s. 617.0302(12) or (16).
  425         (12)A prescriber or dispenser may have access to the
  426  information under this section which relates to a patient of
  427  that prescriber or dispenser as needed for the purpose of
  428  reviewing the patient’s controlled drug prescription history. A
  429  prescriber or dispenser acting in good faith is immune from any
  430  civil, criminal, or administrative liability that might
  431  otherwise be incurred or imposed for receiving or using
  432  information from the prescription drug monitoring program. This
  433  subsection does not create a private cause of action, and a
  434  person may not recover damages against a prescriber or dispenser
  435  authorized to access information under this subsection for
  436  accessing or failing to access such information.
  437         (13)To the extent that funding is provided for such
  438  purpose through federal or private grants or gifts and other
  439  types of available moneys, the department, in collaboration with
  440  the Office of Drug Control, shall study the feasibility of
  441  enhancing the prescription drug monitoring program for the
  442  purposes of public health initiatives and statistical reporting
  443  that respects the privacy of the patient, the prescriber, and
  444  the dispenser. Such a study shall be conducted in order to
  445  further improve the quality of health care services and safety
  446  by improving the prescribing and dispensing practices for
  447  prescription drugs, taking advantage of advances in technology,
  448  reducing duplicative prescriptions and the overprescribing of
  449  prescription drugs, and reducing drug abuse. In addition, the
  450  direct-support organization shall provide funding for the
  451  department, in collaboration with the Office of Drug Control, to
  452  conduct training for health care practitioners and other
  453  appropriate persons in using the monitoring program to support
  454  the program enhancements.
  455         (14)A pharmacist, pharmacy, or dispensing health care
  456  practitioner or his or her agent, before releasing a controlled
  457  substance to any person not known to such dispenser, shall
  458  require the person purchasing, receiving, or otherwise acquiring
  459  the controlled substance to present valid photographic
  460  identification or other verification of his or her identity to
  461  the dispenser. If the person does not have proper
  462  identification, the dispenser may verify the validity of the
  463  prescription and the identity of the patient with the prescriber
  464  or his or her authorized agent. This subsection does not apply
  465  in an institutional setting or to a long-term care facility,
  466  including, but not limited to, an assisted living facility or a
  467  hospital to which patients are admitted. As used in this
  468  subsection, the term “proper identification” means an
  469  identification that is issued by a state or the Federal
  470  Government containing the person’s photograph, printed name, and
  471  signature or a document considered acceptable under 8 C.F.R.
  472  274a.2(b)(1)(v)(A) and (B).
  473         (15)The Agency for Health Care Administration shall
  474  continue the implementation of electronic prescribing by health
  475  care practitioners, health care facilities, and pharmacies under
  476  s. 408.061 and the electronic prescribing clearinghouse
  477  collaboration with the private sector under s. 408.0611.
  478         (16)By October 1, 2010, the department shall adopt rules
  479  pursuant to ss. 120.536(1) and 120.54 to administer the
  480  provisions of this section.
  481         Section 2. (1)The Program Implementation and Oversight
  482  Task Force is created within the Executive Office of the
  483  Governor. The director of the Office of Drug Control shall be a
  484  nonvoting, ex officio member of the task force and shall act as
  485  chair. The Office of Drug Control and the Department of Health
  486  shall provide staff support for the task force.
  487         (a)The following state officials shall serve on the task
  488  force:
  489         1.The Attorney General or his or her designee.
  490         2.The Secretary of Children and Family Services or his or
  491  her designee.
  492         3.The Secretary of Health Care Administration or his or
  493  her designee.
  494         4.The State Surgeon General or his or her designee.
  495         (b)In addition, the Governor shall appoint 11 members of
  496  the public to serve on the task force. Of these 11 appointed
  497  members, one member must have professional or occupational
  498  expertise in computer security; one member must be a Florida
  499  licensed, board-certified oncologist; two members must be
  500  Florida-licensed, board-certified, fellowship-trained physicians
  501  who have experience in pain management; one member must be a
  502  Florida-licensed primary care physician who has experience in
  503  prescribing scheduled prescription drugs; one member must have
  504  professional or occupational expertise in e-Prescribing or
  505  prescription drug monitoring programs; one member must be a
  506  Florida-licensed pharmacist; one member must have professional
  507  or occupational expertise in the area of law enforcement and
  508  have experience in prescription drug investigations; one member
  509  must have professional or occupational expertise as an
  510  epidemiologist and have a background in tracking and analyzing
  511  drug trends; and two members must have professional or
  512  occupational expertise as providers of substance abuse
  513  treatment, with priority given to a member who is a former
  514  substance abuser.
  515         (c)Members appointed by the Governor shall be appointed to
  516  a term of 3 years each. Any vacancy on the task force shall be
  517  filled in the same manner as the original appointment, and any
  518  member appointed to fill a vacancy shall serve only for the
  519  unexpired term of the member’s predecessor.
  520         (d)Members of the task force and members of subcommittees
  521  appointed under subsection (4) shall serve without compensation,
  522  but are entitled to reimbursement for per diem and travel
  523  expenses as provided in s. 112.061, Florida Statutes.
  524         (e)The task force shall meet at least quarterly or upon
  525  the call of the chair.
  526         (2)The purpose of the task force is to monitor the
  527  implementation and safeguarding of the electronic system
  528  established for the prescription drug monitoring program under
  529  s. 893.055, Florida Statutes, and to ensure privacy, protection
  530  of individual medication history, and the electronic system’s
  531  appropriate use by physicians, dispensers, pharmacies, law
  532  enforcement agencies, and those authorized to request
  533  information from the electronic system.
  534         (3)The Office of Drug Control shall submit a report to the
  535  Governor, the President of the Senate, and the Speaker of the
  536  House of Representatives by December 1 of each year which
  537  contains a summary of the work of the task force during that
  538  year and the recommendations developed in accordance with the
  539  task force’s purpose as provided in subsection (2). Interim
  540  reports may be submitted at the discretion of the chair.
  541         (4)The chair of the task force may appoint subcommittees
  542  that include members of state agencies that are not represented
  543  on the task force for the purpose of soliciting input and
  544  recommendations from those state agencies as needed by the task
  545  force to accomplish its purpose as provided in subsection (2).
  546  In addition, the chair may appoint subcommittees as necessary
  547  from among the members of the task force in order to efficiently
  548  address specific issues. If a state agency is to be represented
  549  on any subcommittee, the representative shall be the head of the
  550  agency or his or her designee. The chair may designate lead and
  551  contributing agencies within a subcommittee.
  552         (5)The task force shall provide a final report in
  553  accordance with the task force’s purpose as provided in
  554  subsection (2) on July 1, 2012, to the Governor, the President
  555  of the Senate, and the Speaker of the House of Representatives.
  556  Such report shall be prepared using only data that does not
  557  identify a patient, a prescriber, or a dispenser. The task force
  558  shall expire and this section is repealed on that date unless
  559  reenacted by the Legislature.
  560         Section 3. Subsections (4) and (5) are added to section
  561  458.309, Florida Statutes, to read:
  562         458.309 Rulemaking authority.—
  563         (4)Each privately owned pain-management clinic that
  564  employs a physician licensed under this chapter and who is
  565  primarily engaged in the treatment of pain by prescribing
  566  controlled substance medications must be registered with the
  567  department unless that clinic is licensed as a facility under
  568  chapter 395. Each clinic location shall be licensed separately
  569  regardless of whether the clinic is operated under the same
  570  business name or management as another clinic. If the clinic is
  571  licensed as a health care clinic under chapter 400, the medical
  572  director shall be responsible for registering the facility with
  573  the department. If the clinic is not licensed under chapter 395
  574  or chapter 400, the clinic shall, upon registration with the
  575  department, designate a physician who is responsible for
  576  complying with all requirements related to registration of the
  577  clinic. The designated physician shall be licensed under this
  578  chapter or chapter 459 and shall practice at the office location
  579  for which the physician has assumed responsibility. The
  580  department shall inspect the clinic annually to ensure that it
  581  complies with board rules adopted pursuant to this subsection
  582  and subsection (5) unless the clinic is accredited by a
  583  nationally recognized accrediting agency approved by the board.
  584  The actual costs for registration and inspection or
  585  accreditation shall be paid by the physician seeking to register
  586  the clinic.
  587         (5)The board shall adopt rules setting forth standards of
  588  practice for physicians who practice in privately owned pain
  589  management clinics that primarily engage in the treatment of
  590  pain by prescribing controlled substance medications. Such rules
  591  shall address, but need not be limited to, the following
  592  subjects:
  593         (a)Facility operations;
  594         (b)Physical operations;
  595         (c)Infection control requirements;
  596         (d)Health and safety requirements;
  597         (e)Quality assurance requirements;
  598         (f)Patient records;
  599         (g)Training requirements for all facility health care
  600  practitioners;
  601         (h)Inspections; and
  602         (i)Data collection and reporting requirements.
  603  
  604  A physician is primarily engaged in the treatment of pain by
  605  prescribing controlled substance medications if the majority of
  606  the patients seen on any day the facility is open are issued
  607  controlled substance medications for the treatment of chronic
  608  nonmalignant pain. Chronic nonmalignant pain is pain unrelated
  609  to cancer which persists beyond the usual course of disease or
  610  injury. It may or may not be associated with a pathologic
  611  disease.
  612         Section 4. Subsections (3) and (4) are added to section
  613  459.005, Florida Statutes, to read:
  614         459.005 Rulemaking authority.—
  615         (3)Each privately owned pain-management clinic that
  616  employs a physician licensed under this chapter and who is
  617  primarily engaged in the treatment of pain by prescribing
  618  controlled substance medications must be registered with the
  619  department unless that clinic is licensed as a facility under
  620  chapter 395. Each clinic location shall be licensed separately
  621  regardless of whether the clinic is operated under the same
  622  business name or management as another clinic. If the clinic is
  623  licensed as a health care clinic under chapter 400, the medical
  624  director shall be responsible for registering the facility with
  625  the department. If the clinic is not licensed under chapter 395
  626  or chapter 400, the clinic shall, upon registration with the
  627  department, designate a physician who is responsible for
  628  complying with all requirements related to registration of the
  629  clinic. The designated physician shall be licensed under chapter
  630  458 or this chapter and shall practice at the office location
  631  for which the physician has assumed responsibility. The
  632  department shall inspect the clinic annually to ensure that it
  633  complies with board rules adopted pursuant to this subsection
  634  and subsection (4) unless the clinic is accredited by a
  635  nationally recognized accrediting agency approved by the board.
  636  The actual costs for registration and inspection or
  637  accreditation shall be paid by the physician seeking to register
  638  the clinic.
  639         (4)The board shall adopt rules setting forth standards of
  640  practice for physicians who practice in privately owned pain
  641  management clinics that primarily engage in the treatment of
  642  pain by prescribing controlled substance medications. Such rules
  643  shall address, but need not be limited to, the following
  644  subjects:
  645         (a)Facility operations;
  646         (b)Physical operations;
  647         (c)Infection control requirements;
  648         (d)Health and safety requirements;
  649         (e)Quality assurance requirements;
  650         (f)Patient records;
  651         (g)Training requirements for all facility health care
  652  practitioners;
  653         (h)Inspections; and
  654         (i)Data collection and reporting requirements.
  655  
  656  A physician is primarily engaged in the treatment of pain by
  657  prescribing controlled substance medications if the majority of
  658  the patients seen on any day the facility is open are issued
  659  controlled substance medications for the treatment of chronic
  660  nonmalignant pain. Chronic nonmalignant pain is pain unrelated
  661  to cancer which persists beyond the usual course of disease or
  662  injury. It may or may not be associated with a pathologic
  663  disease.
  664         Section 5. This act shall take effect July 1, 2009.
  665  
  666  ================= T I T L E  A M E N D M E N T ================
  667         And the title is amended as follows:
  668         Delete everything before the enacting clause
  669  and insert:
  670                        A bill to be entitled                      
  671         An act relating to prescription drugs; creating s.
  672         893.055, F.S.; providing definitions; requiring the
  673         Department of Health to establish a comprehensive
  674         electronic database system to monitor the prescribing
  675         and dispensing of certain controlled substances;
  676         requiring specified prescribing and dispensing
  677         information to be reported to the electronic database
  678         system; requiring the department, in conjunction with
  679         specified organizations, to adopt by rule a
  680         reasonable-person standard appropriate for the
  681         prescription drug monitoring program; providing
  682         reporting requirements; providing a reporting period;
  683         providing exemptions from participation in the system;
  684         authorizing the department to establish when to
  685         suspend and when to resume reporting requirements
  686         during declared emergencies; requiring all nonexempt,
  687         dispensing pharmacists and practitioners to submit
  688         information in a specified format; providing that the
  689         cost to the dispenser in submitting the required
  690         information may not be material or extraordinary;
  691         specifying costs that are not material or
  692         extraordinary; providing access to information
  693         reported to the system under certain circumstances;
  694         providing for the use of data for specified purposes;
  695         providing requirements for verification of information
  696         requested; requiring data transmission to comply with
  697         state and federal privacy and security laws;
  698         authorizing an agency or person to maintain the data
  699         for a specified period if the data is pertinent to
  700         ongoing health care or an active law enforcement
  701         investigation or prosecution; requiring the annual
  702         reporting of certain performance measures to the
  703         Governor and Legislature; providing performance
  704         measure criteria; providing criminal penalties for
  705         violations; requiring that all costs incurred by the
  706         department for the program be funded through federal
  707         grants or available private funding sources; providing
  708         requirements for seeking funding and procuring goods
  709         or services; authorizing the Office of Drug Control,
  710         in coordination with the department, to establish a
  711         direct-support organization; providing a definition;
  712         providing for a board of directors appointed by the
  713         director of the office; requiring the director to
  714         provide guidance to the board regarding acceptance of
  715         moneys from appropriate sources; requiring the direct
  716         support organization to operate under written contract
  717         with the office; providing contract requirements;
  718         providing requirements for the direct-support
  719         organization's collecting, expending, and providing of
  720         funds; requiring department approval of activities of
  721         the direct-support organization; authorizing the
  722         office to adopt rules for the use of certain
  723         facilities and services; providing for audits;
  724         prohibiting the direct-support organization from
  725         exercising certain powers; establishing that a
  726         prescriber or dispenser is not liable for good faith
  727         use of the department-provided controlled substance
  728         prescription information of a patient; requiring the
  729         department, in collaboration with the office, to study
  730         the feasibility of enhancing the prescription drug
  731         monitoring program for specified purposes to the
  732         extent that funding is provided for such purpose;
  733         requiring certain persons to present specified
  734         identification in order to obtain controlled
  735         substances; providing for recordkeeping for certain
  736         transactions; requiring the Agency for Health Care
  737         Administration to continue implementation of
  738         electronic prescribing and an electronic prescribing
  739         clearinghouse; requiring the department to adopt
  740         rules; establishing a Program Implementation and
  741         Oversight Task Force; providing for membership;
  742         providing for reimbursement of certain member
  743         expenses; providing for meetings; providing the
  744         purpose of the task force; requiring reports to the
  745         Governor and Legislature; providing for the creation,
  746         membership, and duties of subcommittees; providing for
  747         a final report and the termination of the task force;
  748         amending ss. 458.309 and 459.005, F.S.; requiring
  749         certain physicians who engage in pain management to
  750         register their clinics with the department; requiring
  751         the department to inspect each facility; providing for
  752         exceptions; requiring the physician seeking to
  753         register the clinic to pay the costs of registration
  754         and inspection or accreditation; requiring the Board
  755         of Medicine and the Board of Osteopathic Medicine to
  756         adopt rules setting forth standards of practice for
  757         certain physicians who engage in pain management;
  758         providing criteria for the rules; providing an
  759         effective date.
  760  
  761         WHEREAS, as has been advocated by numerous pain management
  762  experts, addiction medicine experts, pharmacists, and law
  763  enforcement personnel, a prescription drug monitoring program
  764  that provides for reporting and advisory information and other
  765  specified information is established pursuant to this act to
  766  serve as a means to promote the public health and welfare and to
  767  detect and prevent controlled substance abuse and diversion, and
  768         WHEREAS, while the importance and necessity of the proper
  769  prescribing, dispensing, and monitoring of controlled
  770  substances, particularly pain medication, have been established,
  771  controlled prescription drugs are too often diverted in this
  772  state, often through fraudulent means, including outright theft,
  773  phony pharmacy fronts, loose Internet medical evaluations, and
  774  inappropriate importation; in addition, there is a criminal
  775  element that facilitates the prescription drug abuse epidemic
  776  through illegal profitmaking from the diversion of certain
  777  controlled substances that are prescribed or dispensed by
  778  physicians, health care practitioners, and pharmacists, and
  779         WHEREAS, in 2007, 8,620 drug-related deaths occurred in
  780  this state, 3,159 of which were caused by prescription drugs, an
  781  average of nearly 9 Floridians dying each day from prescription
  782  drugs; Schedule IV benzodiazepines, such as Xanax and Valium,
  783  were found to be present in more drug-related deaths than
  784  cocaine; and opiate pain medications were found to be
  785  contributing to the increasing numbers of drug-related deaths,
  786  and
  787         WHEREAS, pharmaceutical drug diversion hurts this state
  788  significantly in terms of lost lives, increased crime, human
  789  misery from addiction, and ballooning health care costs
  790  connected to treatment, medical expenses, and Medicaid fraud
  791  that all Floridians ultimately bear, and
  792         WHEREAS, the intent of this act is not to interfere with
  793  the legitimate medical use of controlled substances; however,
  794  the people of this state are in need of and will benefit from a
  795  secure and privacy-protected statewide electronic system of
  796  specified prescription drug medication information created
  797  primarily to encourage safer controlled substance prescription
  798  decisions that reduce the number of prescription drug overdoses
  799  and the number of drug overdose deaths; to educate and inform
  800  health care practitioners and provide an added tool in patient
  801  care, including appropriate treatment for patients who have
  802  become addicted; to guide public health initiatives to educate
  803  the population on the dangers of misusing prescription drugs; to
  804  prevent the abuse or diversion of prescribed controlled
  805  substances; and to ensure that those who need prescribed
  806  controlled substances receive them in a manner that protects
  807  patient confidentiality, and
  808         WHEREAS, while certain medicines are very helpful if
  809  properly prescribed to a patient in need and then used as
  810  prescribed, they may be dangerous or even deadly if improperly
  811  dispensed, misused, or diverted, and
  812         WHEREAS, it is the intent of the Legislature to encourage
  813  patient safety, responsible pain management, and proper access
  814  to useful prescription drugs that are prescribed by a
  815  knowledgeable, properly licensed health care practitioner who
  816  dispenses prescription drugs and that are dispensed by a
  817  pharmacist who is made aware of the patient’s prescription drug
  818  medication history, thus preventing, in some cases, an abuse or
  819  addiction problem from developing or worsening, making such a
  820  problem possible or easier to identify, and facilitating the
  821  order of appropriate medical treatment or referral, and
  822         WHEREAS, such an electronic system will also aid
  823  administrative and law enforcement agencies in an active and
  824  ongoing controlled substance-related investigation and will
  825  allow decisions and recommendations for pursuing appropriate
  826  administrative or criminal actions while maintaining such
  827  information for any such investigation with a reasonable, good
  828  faith anticipation of securing an arrest or prosecution in the
  829  foreseeable future, and
  830         WHEREAS, a Program Implementation and Oversight Task Force
  831  will provide information to the Governor and Legislature
  832  regarding the implementation of the program and ensure that
  833  privacy and confidentiality of the patient’s prescription
  834  history is respected, NOW, THEREFORE,