Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 462
       
       
       
       
       
       
                                Barcode 469286                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/04/2009           .                                
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       The Committee on Health Regulation (Jones) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 893.055, Florida Statutes, is created to
    6  read:
    7         893.055 Prescription drug validation program.—
    8         (1) As used in this section, the term:
    9         (a) “Advisory report” means information provided by the
   10  department in writing to a prescriber, dispenser, pharmacy, or
   11  patient concerning the dispensing of controlled substances. All
   12  advisory reports are for informational purposes only and impose
   13  no obligations of any nature or any legal duty on a prescriber,
   14  dispenser, pharmacy, or patient. The advisory reports issued by
   15  the department are not subject to discovery or introduction into
   16  evidence in any civil or administrative action against a
   17  prescriber, dispenser, pharmacy, or patient arising out of the
   18  matters that are the subject of the report, and no person who
   19  participates in preparing an advisory report is permitted or
   20  required to testify in any such civil action as to any findings,
   21  recommendations, evaluations, opinions, or other actions taken
   22  in connection with preparing 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) “Department” means the Department of Health.
   27         (d) “Dispenser” means a dispensing pharmacist or dispensing
   28  health care practitioner.
   29         (e) “Health care practitioner” or “practitioner” means any
   30  practitioner subject to licensure or regulation by the
   31  department under chapter 458, chapter 459, chapter 461, or
   32  chapter 466.
   33         (f)“Health care regulatory board” means any board that
   34  licenses a practitioner or health care practitioner who is
   35  regulated by the department.
   36         (g) “Pharmacy” means any pharmacy subject to licensure or
   37  regulation by the department under chapter 465 which dispenses
   38  or delivers a controlled substance to a patient in this state.
   39         (h) “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 system that has controlled
   43  substance prescriptions provided to it and that provides
   44  prescription information to a patient’s health care practitioner
   45  and, as determined by the department, may provide advisory
   46  reports to authorized pharmacists, pharmacies, prescribing
   47  practitioners, and dispensing health care practitioners. The
   48  system shall be designed to provide information regarding
   49  dispensed prescriptions of controlled substances in order to
   50  prevent the inadvertent, improper, or illegal use of controlled
   51  substances and shall not infringe upon the legitimate
   52  prescribing of a controlled substance by a prescribing
   53  practitioner, dispensing pharmacist, or dispensing practitioner
   54  acting in good faith and in the course of professional practice.
   55  The system shall be consistent with standards of the American
   56  Society for Automation in Pharmacy for the validation of
   57  prescribing and dispensing controlled substances to an
   58  individual. The electronic system shall also comply with the
   59  Health Insurance Portability and Accountability Act (HIPAA) as
   60  it pertains to protected health information (PHI), electronic
   61  protected health information (EPHI), and all other relevant
   62  state and federal privacy and security laws and regulations. The
   63  validating of prescribed controlled substances shall include a
   64  dispensing transaction with a dispenser not located in this
   65  state but which is otherwise subject to the jurisdiction of this
   66  state as to that dispensing transaction.
   67         (b) The department shall adopt rules concerning the
   68  reporting, evaluation, management, and storage of information
   69  within the system, including rules for when information is
   70  provided to pharmacies, prescribers, health care practitioners,
   71  health care regulatory boards, and law enforcement agencies, and
   72  such rules shall be developed with a reasonable-person standard
   73  for prescription drug dispensers, prescribers, and patients. The
   74  department shall work with the professional health care
   75  licensure boards, such as the Board of Medicine and the Board of
   76  Pharmacy and other appropriate organizations, such as the
   77  Florida Pharmacy Association and the Florida Medical
   78  Association, including those relating to pain management, the
   79  the Attorney General, the Department of Law Enforcement, and the
   80  Agency for Health Care Administration, to develop the
   81  reasonable-person standard for rules appropriate for the
   82  prescription drug validation program.
   83         (c) All dispensers and prescribers subject to such
   84  reporting requirements shall be notified by the department of
   85  the implementation date for such reporting requirements.
   86         (3) The pharmacist in charge of each pharmacy, regarding
   87  each controlled substance dispensed by a pharmacist under the
   88  supervision of the pharmacist in charge, and each prescriber who
   89  directly dispenses a controlled substance shall submit to the
   90  electronic system, by a procedure and in a format established by
   91  the department, the following minimum information for inclusion
   92  in the database:
   93         (a) The name of the prescribing practitioner and the
   94  practitioner’s federal Drug Enforcement Administration
   95  registration number, the practitioner’s National Provider
   96  Identification (NPI) or other appropriate identifier, and the
   97  date of the prescription.
   98         (b) The date the prescription was filled and the method of
   99  payment therefor, including cash. This paragraph does not
  100  authorize the department to include individual credit card or
  101  other account numbers in the database.
  102         (c) The name, address, and date of birth of the person for
  103  whom the prescription was written.
  104         (d) The name, national drug code, quantity, and strength of
  105  the controlled substance dispensed.
  106         (e) The name and address of the pharmacy or other location
  107  from which the controlled substance was dispensed.
  108         (f) The name of the pharmacist or practitioner dispensing
  109  the controlled substance, the practitioner’s National Provider
  110  Identification (NPI), and other appropriate identifying
  111  information as determined by department rule.
  112         (4) Each time a controlled substance is dispensed to an
  113  individual, the controlled substance shall be reported to the
  114  department through the system as soon thereafter as possible,
  115  but not more than 15 days after the date the controlled
  116  substance is dispensed. A dispenser must meet the reporting
  117  requirements of this section by providing the required
  118  information concerning each controlled substance that it
  119  dispensed in a department-approved, secure methodology and
  120  format. Such approved formats may include, but are not limited
  121  to, submission via the Internet, on a disc, or by use of regular
  122  mail.
  123         (5) The following are exempt from this section when
  124  administering controlled substances:
  125         (a) A health care practitioner administering a controlled
  126  substance directly to a patient if the amount of the controlled
  127  substance is adequate to treat the patient during that
  128  particular treatment session.
  129         (b) A pharmacist or health care practitioner administering
  130  a controlled substance to a patient or resident receiving care
  131  as an admitted patient at a hospital, nursing home, hospice, or
  132  intermediate care facility for the developmentally disabled
  133  which is licensed in this state.
  134         (c) A person administering a controlled substance in the
  135  health care system of the Department of Corrections.
  136         (d) A person administering a controlled substance in the
  137  emergency room of a licensed hospital.
  138         (e) A pharmacist or health care practitioner administering
  139  a controlled substance to a person under the age of 16.
  140         (6) The department may establish when to suspend and when
  141  to resume requirements for reporting dispensing information to
  142  the electronic system of controlled prescription drugs during a
  143  state-declared or nationally declared disaster.
  144         (7)(a) A practitioner or pharmacist who dispenses a
  145  controlled substance must submit the information required by
  146  this section in an electronic or other format approved by rule
  147  of the department. The cost to the dispenser in submitting the
  148  information required by this section may not be material or
  149  extraordinary. Costs not considered to be material or
  150  extraordinary include, but are not limited to, regular postage,
  151  electronic media, regular electronic mail, and facsimile
  152  charges.
  153         (b) A pharmacy, prescriber, or dispenser may access
  154  information in the prescription drug validation program’s
  155  electronic system which relates to a patient of that pharmacy,
  156  prescriber, or dispenser for the purpose of reviewing the
  157  patient’s controlled drug prescription history to ensure a
  158  proper standard of care. Other access to the program’s
  159  electronic system shall be limited to the program’s manager and
  160  designated program staff, who may act only in the absence of the
  161  program manager. Access by the program manager or such
  162  designated staff is only for prescription drug management and
  163  for management of the database. Confidential and exempt
  164  information in the database shall be released only as provided
  165  in s. 893.0551. The individual who requests his or her own
  166  information, the attorney general, a health care regulatory
  167  board, any law enforcement agency, or any criminal justice
  168  agency may request this information from the program manager and
  169  may not directly access the database for this information.
  170         (c) All transmissions of data required by this section must
  171  comply with relevant state and federal privacy and security laws
  172  and regulations. However, any authorized agency or person
  173  receiving such information may maintain the information received
  174  for up to 24 months before purging it from his or her records or
  175  maintain it for longer than 24 months if the information is
  176  pertinent to an ongoing health care or active law enforcement
  177  investigation or prosecution.
  178         (8) To assist in fulfilling the program responsibilities,
  179  performance measures shall be reported annually by the
  180  department each December 1, beginning in 2011. Data that does
  181  not contain patient, physician, health care practitioner, or
  182  dispenser identifying information may be requested during the
  183  year by department employees so that the department may
  184  undertake public health care and safety initiatives that take
  185  advantage of observed trends. Performance measures may include,
  186  but are not limited to, efforts to achieve the following
  187  outcomes:
  188         (a) Reduction of the rate of inappropriate use of
  189  prescription drugs through department education and safety
  190  efforts.
  191         (b) Reduction of the quantity of pharmaceutical controlled
  192  substances obtained by individuals attempting to engage in fraud
  193  and deceit.
  194         (c) Increased coordination among prescription drug
  195  validation program partners.
  196         (d) Involvement of stakeholders in achieving improved
  197  patient health care and reduction of prescription drug abuse and
  198  prescription drug diversion.
  199         (9) Any person who knowingly fails to report the dispensing
  200  of a controlled substance as required by this section commits a
  201  misdemeanor of the first degree, punishable as provided in s.
  202  775.082 or s. 775.083.
  203         (10) All costs incurred by the department in administering
  204  the prescription drug validation program shall be reimbursed
  205  through federal grants or private funding applied for or
  206  received by the state. The department and state government shall
  207  cooperate in seeking federal grant funds, other nonstate grant
  208  funds, gifts, donations, or other private moneys for the
  209  department so long as the costs of doing so are not considered
  210  material. Nonmaterial costs for this purpose include, but are
  211  not limited to, the costs of mailing and personnel assigned to
  212  research or apply for a grant. Notwithstanding the exemptions to
  213  competitive-solicitation requirements under s. 287.057(5)(f),
  214  the Department of Health shall comply with the competitive
  215  solicitation requirements for the procurement of any goods or
  216  services required by this section.
  217         (11) The Office of Drug Control, in coordination with the
  218  department, may establish a direct-support organization that has
  219  a board consisting of at least five members to provide
  220  assistance, funding, and promotional support for the activities
  221  authorized for the prescription drug validation program.
  222         (a) As used in this subsection, the term “direct-support
  223  organization” means an organization that is:
  224         1. A Florida corporation not for profit incorporated under
  225  chapter 617, exempted from filing fees, and approved by the
  226  Department of State.
  227         2. Organized and operated to conduct programs and
  228  activities; raise funds; request and receive grants, gifts, and
  229  bequests of money; acquire, receive, hold, and invest, in its
  230  own name, securities, funds, objects of value, or other
  231  property, either real or personal; and make expenditures to or
  232  for the direct or indirect benefit of the department in the
  233  furtherance of the prescription drug validation program.
  234         (b) The direct-support organization is not considered a
  235  lobbying firm within the meaning of s. 11.045.
  236         (c) The director of the Office of Drug Control shall
  237  appoint a board of directors for the direct-support
  238  organization. The director may designate employees of the Office
  239  of Drug Control; state employees other than state employees from
  240  the Department of Health; members of provider associations, such
  241  as the Florida Pharmacy Association or the Florida Medical
  242  Association; and any other nonstate employees as appropriate, to
  243  serve on such board. Members of the board shall serve at the
  244  pleasure of the director of the Office of Drug Control.
  245         (d) The direct-support organization may operate under
  246  written contract with the Office of Drug Control. The contract
  247  must provide for:
  248         1. Approval of the articles of incorporation and bylaws of
  249  the direct-support organization by the Office of Drug Control.
  250         2. Submission of an annual budget for the approval of the
  251  Office of Drug Control.
  252         3. Certification by the Office of Drug Control in
  253  consultation with the department that the direct-support
  254  organization is complying with the terms of the contract in a
  255  manner consistent with and in furtherance of the goals and
  256  purposes of the prescription drug validation program and in the
  257  best interest of the state. Such certification must be made
  258  annually and reported in the official minutes of a meeting of
  259  the direct-support organization.
  260         4. The reversion, without penalty, to the Office of Drug
  261  Control, or to the state if the Office of Drug Control ceases to
  262  exist, of all moneys and property held in trust by the direct
  263  support organization for the benefit of the prescription drug
  264  validation program if the direct-support organization ceases to
  265  exist or if the contract is terminated.
  266         5. The fiscal year of the direct-support organization,
  267  which must begin July 1 of each year and end June 30 of the
  268  following year.
  269         6. The disclosure of the material provisions of the
  270  contract to donors of gifts, contributions, or bequests,
  271  including such disclosure on all promotional and fundraising
  272  publications, and an explanation to such donors of the
  273  distinction between the Office of Drug Control and the direct
  274  support organization.
  275         (e) The direct-support organization is specifically
  276  authorized to collect and expend funds to be used for the
  277  functions of the direct-support organization’s board of
  278  directors, as necessary; establishing and administering the
  279  prescription drug validation program’s electronic database,
  280  including hardware, software, and personnel; conducting studies
  281  on the efficiency and effectiveness of the program; providing
  282  funds for future enhancements of the program within the intent
  283  of this section; providing health care practitioner education,
  284  including distribution of materials to promote public awareness
  285  and education and conducting workshops or other meetings; travel
  286  expenses; administrative costs, including personnel, audits,
  287  facilities, and equipment; and all other requirements necessary
  288  to establish the program as outlined in this section.
  289         (f) The activities of the direct-support organization must
  290  be consistent with the goals and mission of the Office of Drug
  291  Control, as determined by the office in consultation with the
  292  department, and in the best interests of the state. The direct
  293  support organization must obtain a written approval from the
  294  director of the Office of Drug Control for any activities in
  295  support of the prescription drug validation program before
  296  undertaking those activities.
  297         (g) The Office of Drug Control, in consultation with the
  298  department, may permit, without charge, appropriate use of
  299  administrative services, property, and facilities of the Office
  300  of Drug Control and the department by the direct-support
  301  organization, subject to this section. The use must be directly
  302  in keeping with the approved purposes of the direct-support
  303  organization and may not be made at times or places that would
  304  unreasonably interfere with opportunities for the public to use
  305  such facilities for established purposes. Any moneys received
  306  from rentals of facilities and properties managed by the Office
  307  of Drug Control and the department may be held by the Office of
  308  Drug Control or in a separate depository account in the name of
  309  the direct-support organization and subject to the provisions of
  310  the letter of agreement with the Office of Drug Control. The
  311  letter of agreement must provide that any funds held in the
  312  separate depository account in the name of the direct-support
  313  organization must revert to the Office of Drug Control if the
  314  direct-support organization is no longer approved by the Office
  315  of Drug Control to operate in the best interests of the state.
  316         (h) The Office of Drug Control, in consultation with the
  317  department, may adopt requirements with which a direct-support
  318  organization must comply in order to use department and Office
  319  of Drug Control administrative services, property, or
  320  facilities.
  321         (i) The Office of Drug Control may not permit the use of
  322  any administrative services, property, or facilities of the
  323  state by a direct-support organization if that organization does
  324  not provide equal membership and employment opportunities to all
  325  persons regardless of race, color, religion, gender, age, or
  326  national origin.
  327         (j) The direct-support organization shall provide for an
  328  independent annual financial audit in accordance with s.
  329  215.981. Copies of the audit shall be provided to the Office of
  330  Drug Control and the Office of Policy and Budget in the
  331  Executive Office of the Governor.
  332         (k) The direct-support organization may not exercise any
  333  power under s. 617.0302(12) or (16).
  334         (12) A prescriber or dispenser is authorized access to the
  335  information under this section for his or her patient for his or
  336  her review of the patient’s controlled drug prescription history
  337  to ensure a proper standard of care. A prescriber or dispenser
  338  acting in good faith is immune from any civil, criminal, or
  339  administrative liability that might otherwise be incurred or
  340  imposed for receiving or using information from the prescription
  341  drug validation program. This subsection does not create a
  342  private cause of action, and a person may not recover damages
  343  against a prescriber or dispenser authorized to access
  344  information under this subsection for accessing or failing to
  345  access such information.
  346         (13) To the extent that funding is provided for such
  347  purpose through federal or private grants or gifts and other
  348  types of available moneys, the department, in collaboration with
  349  the Office of Drug Control, shall study the feasibility of
  350  enhancing the prescription drug validation program for the
  351  purposes of public health initiatives and statistical reporting
  352  that respects the privacy of the patient, the prescriber, and
  353  the dispenser. Such a study shall be conducted in order to
  354  further improve the quality of health care services and safety
  355  by improving prescription drug prescribing practices, taking
  356  advantage of advances in technology, reducing duplicative
  357  prescriptions and the overprescribing of prescription drugs, and
  358  reducing drug abuse. In addition, the direct-support
  359  organization shall provide funding for the department, in
  360  collaboration with the Office of Drug Control, to conduct
  361  training for health care practitioners and other appropriate
  362  persons in using the program to support the program
  363  enhancements.
  364         (14) A pharmacist, pharmacy, or dispensing health care
  365  practitioner or his or her agent, prior to releasing a
  366  controlled substance to any person not known to such dispenser,
  367  shall require the person purchasing, receiving, or otherwise
  368  acquiring the controlled substance to present valid photographic
  369  identification or other verification of his or her identity to
  370  the dispenser. If the person does not have proper
  371  identification, the dispenser may verify the validity of the
  372  prescription and the identity of the patient with the prescriber
  373  or his or her authorized agent, or by a method determined by the
  374  department, before dispensing the controlled substance. The
  375  person purchasing, receiving, or otherwise acquiring the
  376  controlled substance does not have to be the specific patient to
  377  whom the prescription is prescribed. A record shall be
  378  maintained for 2 years of the person acquiring the controlled
  379  substance, which record shall include the person’s name and
  380  signature using the proper identification. This subsection does
  381  not apply in an institutional setting or to a long-term care
  382  facility, including, but not limited to, an assisted living
  383  facility or a hospital to which patients are admitted. As used
  384  in this subsection, the term “proper identification” means a
  385  government-issued identification containing the person’s
  386  picture, printed name, and signature.
  387         (15) The Agency for Health Care Administration shall
  388  continue the implementation of electronic prescribing by health
  389  care practitioners, health care facilities, and pharmacies under
  390  s. 408.061 and the electronic prescribing clearinghouse
  391  collaboration with the private sector under s. 408.0611.
  392         (16)By October 1, 2010, the department shall adopt rules
  393  pursuant to ss. 120.536(1) and 120.54 to implement the
  394  provisions of this section.
  395         Section 2. (1) The Program Implementation and Oversight
  396  Workgroup is created within the Executive Office of the
  397  Governor. The director of the Office of Drug Control shall be a
  398  nonvoting, ex officio member of the workgroup and shall act as
  399  chair. The Office of Drug Control and the Department of Health
  400  shall provide staff support for the workgroup.
  401         (a) The following state officials shall serve on the
  402  workgroup:
  403         1. The Attorney General or his or her designee.
  404         2. The Secretary of Children and Family Services or his or
  405  her designee.
  406         3. The Secretary of Health Care Administration or his or
  407  her designee.
  408         4. The State Surgeon General or his or her designee.
  409         (b) In addition, the Governor shall appoint 10 members of
  410  the public to serve on the workgroup. Of these 10 appointed
  411  members, one member must have professional or occupational
  412  expertise in computer security; one member must be a Florida
  413  licensed, board-certified oncologist; two members must be
  414  Florida-licensed, board-certified, fellowship-trained physicians
  415  who have experience in pain management; one member must have
  416  professional or occupational expertise in e-Prescribing or
  417  prescription drug validation programs; one member must be a
  418  Florida-licensed pharmacist; one member must have professional
  419  or occupational expertise in law enforcement with experience in
  420  prescription drug investigations; one member must have
  421  professional or occupational expertise as an epidemiologist with
  422  a background in tracking and analyzing drug trends; and two
  423  members must have professional or occupational expertise as
  424  providers of substance abuse treatment, with priority given to a
  425  member who is a former substance abuser.
  426         (c) Members appointed by the Governor shall be appointed to
  427  a term of 3 years each. Any vacancy on the workgroup shall be
  428  filled in the same manner as the original appointment, and any
  429  member appointed to fill a vacancy shall serve only for the
  430  unexpired term of the member’s predecessor.
  431         (d) Members of the workgroup and members of subcommittees
  432  appointed under subsection (4) shall serve without compensation,
  433  but are entitled to reimbursement for per diem and travel
  434  expenses as provided in s. 112.061, Florida Statutes.
  435         (e) The workgroup shall meet at least quarterly or upon the
  436  call of the chair.
  437         (2) The purpose of the workgroup is to monitor the
  438  implementation and safeguarding of the electronic system
  439  established for the prescription drug validation program under
  440  s. 893.055, Florida Statutes, and to ensure privacy, protection
  441  of individual medication history, and the electronic system’s
  442  appropriate use by physicians, dispensers, pharmacies, law
  443  enforcement agencies, and those authorized to request
  444  information from the electronic system.
  445         (3) The Office of Drug Control shall submit a report to the
  446  Governor, the President of the Senate, and the Speaker of the
  447  House of Representatives by December 1 of each year which
  448  contains a summary of the work of the workgroup during that year
  449  and the recommendations developed in accordance with the
  450  workgroup’s purpose as provided in subsection (2). Interim
  451  reports may be submitted at the discretion of the chair.
  452         (4) The chair of the workgroup shall appoint subcommittees
  453  that include members of state agencies that are not represented
  454  on the workgroup for the purpose of soliciting input and
  455  recommendations from those state agencies as needed by the
  456  workgroup to accomplish its purposes. In addition, the chair may
  457  appoint subcommittees as necessary from among the members of the
  458  workgroup in order to efficiently address specific issues. If a
  459  state agency is to be represented on any subcommittee, the
  460  representative shall be the head of the agency or his or her
  461  designee. The chair may designate lead and contributing agencies
  462  within a subcommittee.
  463         (5) The workgroup shall provide a final report in
  464  accordance with the workgroup’s purpose as provided in
  465  subsection (2) on July 1, 2012, to the Governor, the President
  466  of the Senate, and the Speaker of the House of Representatives.
  467  Such report shall be prepared using only data that does not
  468  identify a patient or dispenser. The workgroup shall expire and
  469  this section is repealed on that date.
  470         Section 3. Subsections (4) and (5) are added to section
  471  458.309, Florida Statutes, to read:
  472         458.309 Rulemaking authority.—
  473         (4)Each physician who practices in a privately owned pain
  474  management facility that primarily engages in the treatment of
  475  pain by prescribing narcotic medications shall register the
  476  facility with the department unless it is licensed as a facility
  477  under chapter 395. The department shall inspect the facility
  478  annually to ensure that it complies with board rules adopted
  479  pursuant to s. 458.309(4) and (5) unless the facility is
  480  accredited by a nationally recognized accrediting agency
  481  approved by the board. The actual costs for registration and
  482  inspection or accreditation shall be paid by the physician
  483  seeking to register the facility.
  484         (5)The board shall adopt rules setting forth standards of
  485  practice for physicians practicing in privately owned pain
  486  management facilities that primarily engage in the treatment of
  487  pain by prescribing controlled substance medications. These
  488  rules shall address, but need not be limited to, the following
  489  subjects:
  490         (a)Facility operations;
  491         (b)Physical operations;
  492         (c)Infection control requirements;
  493         (d)Health and safety requirements;
  494         (e)Quality assurance requirements;
  495         (f)Patient records;
  496         (g)Training requirements for all facility health care
  497  practitioners; and
  498         (h)Inspections.
  499  
  500  A physician is primarily engaged in the treatment of pain by
  501  prescribing narcotic medications when the majority of the
  502  patients seen on any day the facility is open are issued
  503  narcotic prescriptions for the treatment of nonmalignant pain.
  504         Section 4. This act shall take effect July 1, 2009.
  505  
  506  ================= T I T L E  A M E N D M E N T ================
  507         And the title is amended as follows:
  508         Delete everything before the enacting clause
  509  and insert:
  510                        A bill to be entitled                      
  511         An act relating to a prescription drug validation
  512         program (PDVP); creating s. 893.055, F.S.; providing
  513         definitions; requiring the Department of Health to
  514         establish a comprehensive electronic system to
  515         validate the prescribing and dispensing of certain
  516         controlled substances; requiring specified prescribing
  517         and dispensing information to be reported to the
  518         electronic system; requiring the department, in
  519         conjunction with specified organizations, to adopt by
  520         rule a reasonable-person standard appropriate for the
  521         prescription drug validation program; providing a
  522         reporting period; providing for implementation of a
  523         shorter reporting period; providing exemptions from
  524         participation in the system; authorizing the
  525         Department of Health to establish when to suspend and
  526         when to resume requirements for reporting dispensing
  527         information during declared emergencies; requiring all
  528         nonexempt pharmacists, pharmacies, dispensing
  529         physicians, or prescribing and dispensing health care
  530         practitioners to submit information in a specified
  531         format; providing that the cost to the dispenser in
  532         submitting the required information may not be
  533         material or extraordinary; providing that specified
  534         costs are not material or extraordinary; limiting
  535         access to the system; providing for the use of data
  536         for specified purposes; requiring compliance with
  537         state and federal privacy and security laws;
  538         authorizing an agency or person to maintain the data
  539         for a specified period if the data is pertinent to an
  540         ongoing health care or active law enforcement
  541         investigation or prosecution; requiring the reporting
  542         of certain performance measures; providing criminal
  543         penalties for violations; requiring that all costs
  544         incurred by the department for the program be paid
  545         through a federal grant or through available private
  546         funding sources; authorizing the Office of Drug
  547         Control, in coordination with the Department of
  548         Health, to establish a direct-support organization;
  549         providing a definition; providing for a board of
  550         directors appointed by the director of the Office of
  551         Drug Control; authorizing the direct-support
  552         organization to operate under written contract with
  553         the Office of Drug Control; authorizing certain
  554         activities and expenditures of the direct-support
  555         organization; providing requirements for the use of
  556         certain facilities and services; providing for audits;
  557         prohibiting the direct-support organization from
  558         exercising certain powers; establishing that a
  559         prescribing health care practitioner, dispensing
  560         physician, or pharmacist is not liable for use of the
  561         department-provided controlled substances prescription
  562         information of a patient; requiring a study of the
  563         feasibility of enhancing the prescription drug
  564         validation program for specified purposes; requiring
  565         certain persons to present specified identification to
  566         obtain prescriptions; providing for recordkeeping for
  567         certain transactions; requiring the Agency for Health
  568         Care Administration to continue implementation of
  569         electronic prescribing and an electronic prescribing
  570         clearinghouse; requiring the Department of Health to
  571         adopt rules; establishing a Program Implementation and
  572         Oversight Workgroup; providing for membership;
  573         providing for reimbursement of certain member
  574         expenses; providing for meetings; providing purposes;
  575         requiring reports; providing for the creation,
  576         membership, and duties of subcommittees; providing for
  577         a final report and termination of the workgroup;
  578         amending s. 458.309, F.S.; requiring certain
  579         physicians who engage in pain management to register
  580         their facility with the department; requiring the
  581         department to inspect the facility; requiring the
  582         Board of Medicine to adopt rules setting forth
  583         standards of practice for certain physicians who
  584         engage in pain management; providing criteria for the
  585         rules; providing an effective date.
  586  
  587         WHEREAS, as has been advocated by numerous pain management
  588  experts, addiction medicine experts, pharmacists, and law
  589  enforcement personnel, a prescription drug validation program
  590  that provides for reporting and advisory information is
  591  established pursuant to this act to serve as a means to promote
  592  the public health and welfare and to detect and prevent
  593  controlled substance abuse and diversion, and
  594         WHEREAS, while the importance and necessity of the proper
  595  prescribing, dispensing, and monitoring of controlled
  596  substances, particularly pain medication, have been established,
  597  controlled prescription drugs are too often diverted in this
  598  state, often through fraudulent means, including outright theft,
  599  phony pharmacy fronts, loose Internet medical evaluations, and
  600  inappropriate importation; in addition, there is a criminal
  601  element that facilitates the prescription drug abuse epidemic
  602  through illegal profitmaking from the diversion of certain
  603  controlled substances that are prescribed or dispensed by
  604  physicians, health care practitioners, and pharmacists, and
  605         WHEREAS, in 2007, 8,620 drug-related deaths occurred in
  606  this state, 3,159 of which were caused by prescription drugs, an
  607  average of nearly 9 Floridians dying each day from prescription
  608  drugs; Schedule IV benzodiazepines, such as Xanax and Valium,
  609  were found to be present in more drug-related deaths than
  610  cocaine; and opiate pain medications contribute to increasing
  611  numbers of drug-related deaths, and
  612         WHEREAS, pharmaceutical drug diversion hurts this state
  613  significantly in terms of lost lives, increased crime, human
  614  misery from addiction, and ballooning health care costs
  615  connected to treatment, medical expenses, and Medicaid fraud
  616  that all Floridians ultimately bear, and
  617         WHEREAS, the intent of this act is not to interfere with
  618  the legitimate medical use of controlled substances; however,
  619  the people of this state are in need of and will benefit from a
  620  secure and privacy-protected statewide electronic system of
  621  specified prescription drug medication information created
  622  primarily to encourage safer controlled substance prescription
  623  decisions that reduce the number of prescription drug overdoses
  624  and the number of drug overdose deaths; to educate and inform
  625  health care practitioners and provide an added tool in patient
  626  care, including appropriate treatment for patients who have
  627  become addicted; to guide public health initiatives to educate
  628  the population on the dangers of misusing prescription drugs; to
  629  prevent the abuse or diversion of prescribed controlled
  630  substances; and to ensure that those who need prescribed
  631  controlled substances receive them in a manner that protects
  632  patient confidentiality, and
  633         WHEREAS, while certain medicines are very helpful if
  634  properly prescribed to a patient in need and then used as
  635  prescribed, they may be dangerous or even deadly if improperly
  636  dispensed, misused, or diverted, and
  637         WHEREAS, it is the intent of the Legislature to encourage
  638  patient safety, responsible pain management, and proper access
  639  to useful prescription drugs that are prescribed by a
  640  knowledgeable, properly licensed health care practitioner who
  641  dispenses prescription drugs and that are dispensed by a
  642  pharmacist who is made aware of the patient’s prescription drug
  643  medication history, thus preventing, in some cases, an abuse or
  644  addiction problem from developing or worsening, making such a
  645  problem possible or easier to identify, and facilitating the
  646  order of appropriate medical treatment or referral, and
  647         WHEREAS, such an electronic system will also aid
  648  administrative and law enforcement agencies in an active and
  649  ongoing controlled drug-related investigation, maintaining such
  650  information for any such investigation with a reasonable, good
  651  faith anticipation of securing an arrest or prosecution in the
  652  foreseeable future, and
  653         WHEREAS, a Program Implementation and Oversight Workgroup
  654  will provide information to the Governor and Legislature
  655  regarding the implementation of the program and ensure that
  656  privacy and confidentiality of the patient’s prescription
  657  history is respected, NOW, THEREFORE,