Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. CS for CS for SB 462 Barcode 229192 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/31/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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: 5 893.055 Prescription 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,