Florida Senate - 2009                              CS for SB 462
       
       
       
       By the Committee on Health Regulation; and Senator Fasano
       
       
       
       
       588-02377-09                                           2009462c1
    1                        A bill to be entitled                      
    2         An act relating to a prescription drug validation
    3         program; creating s. 893.055, F.S.; providing
    4         definitions; requiring the Department of Health to
    5         establish a comprehensive electronic system to
    6         validate the prescribing and dispensing of certain
    7         controlled substances; requiring specified prescribing
    8         and dispensing information to be reported to the
    9         electronic system; requiring the department, in
   10         conjunction with specified organizations, to adopt by
   11         rule a reasonable-person standard appropriate for the
   12         prescription drug validation program; providing a
   13         reporting period; providing for implementation of a
   14         shorter reporting period; providing exemptions from
   15         participation in the system; authorizing the
   16         Department of Health to establish when to suspend and
   17         when to resume requirements for reporting dispensing
   18         information during declared emergencies; requiring all
   19         nonexempt pharmacists, pharmacies, dispensing
   20         physicians, and prescribing and dispensing health care
   21         practitioners to submit information in a specified
   22         format; providing that the cost to the dispenser in
   23         submitting the required information may not be
   24         material or extraordinary; providing that specified
   25         costs are not material or extraordinary; limiting
   26         access to the system; providing for the use of data
   27         for specified purposes; requiring compliance with
   28         state and federal privacy and security laws;
   29         authorizing an agency or person to maintain the data
   30         for a specified period if the data is pertinent to an
   31         ongoing health care or active law enforcement
   32         investigation or prosecution; requiring the reporting
   33         of certain performance measures; providing criminal
   34         penalties for violations; requiring that all costs
   35         incurred by the department for the program be paid
   36         through a federal grant or through available private
   37         funding sources; authorizing the Office of Drug
   38         Control, in coordination with the Department of
   39         Health, to establish a direct-support organization;
   40         providing a definition; providing for a board of
   41         directors appointed by the director of the Office of
   42         Drug Control; authorizing the direct-support
   43         organization to operate under written contract with
   44         the Office of Drug Control; authorizing certain
   45         activities and expenditures of the direct-support
   46         organization; providing requirements for the use of
   47         certain facilities and services; providing for audits;
   48         prohibiting the direct-support organization from
   49         exercising certain powers; establishing that a
   50         prescribing health care practitioner, dispensing
   51         physician, or pharmacist is not liable for use of the
   52         department-provided controlled substances prescription
   53         information of a patient; requiring a study of the
   54         feasibility of enhancing the prescription drug
   55         validation program for specified purposes; requiring
   56         certain persons to present specified identification to
   57         obtain prescriptions; providing for recordkeeping for
   58         certain transactions; requiring the Agency for Health
   59         Care Administration to continue implementation of
   60         electronic prescribing and an electronic prescribing
   61         clearinghouse; requiring the Department of Health to
   62         adopt rules; establishing a Program Implementation and
   63         Oversight Workgroup; providing for membership;
   64         providing for reimbursement of certain member
   65         expenses; providing for meetings; providing the
   66         purpose of the workgroup; requiring reports; providing
   67         for the creation, membership, and duties of
   68         subcommittees; providing for a final report and the
   69         termination of the workgroup; amending s. 458.309,
   70         F.S.; requiring certain physicians who engage in pain
   71         management to register their facility with the
   72         department; requiring the department to inspect the
   73         facility; requiring the Board of Medicine to adopt
   74         rules setting forth standards of practice for certain
   75         physicians who engage in pain management; providing
   76         criteria for the rules; providing an effective date.
   77  
   78         WHEREAS, as has been advocated by numerous pain management
   79  experts, addiction medicine experts, pharmacists, and law
   80  enforcement personnel, a prescription drug validation program
   81  that provides for reporting and advisory information is
   82  established pursuant to this act to serve as a means to promote
   83  the public health and welfare and to detect and prevent
   84  controlled substance abuse and diversion, and
   85         WHEREAS, while the importance and necessity of the proper
   86  prescribing, dispensing, and monitoring of controlled
   87  substances, particularly pain medication, have been established,
   88  controlled prescription drugs are too often diverted in this
   89  state, often through fraudulent means, including outright theft,
   90  phony pharmacy fronts, loose Internet medical evaluations, and
   91  inappropriate importation; in addition, there is a criminal
   92  element that facilitates the prescription drug abuse epidemic
   93  through illegal profitmaking from the diversion of certain
   94  controlled substances that are prescribed or dispensed by
   95  physicians, health care practitioners, and pharmacists, and
   96         WHEREAS, in 2007, 8,620 drug-related deaths occurred in
   97  this state, 3,159 of which were caused by prescription drugs, an
   98  average of nearly 9 Floridians dying each day from prescription
   99  drugs; Schedule IV benzodiazepines, such as Xanax and Valium,
  100  were found to be present in more drug-related deaths than
  101  cocaine; and opiate pain medications contribute to increasing
  102  numbers of drug-related deaths, and
  103         WHEREAS, pharmaceutical drug diversion hurts this state
  104  significantly in terms of lost lives, increased crime, human
  105  misery from addiction, and ballooning health care costs
  106  connected to treatment, medical expenses, and Medicaid fraud
  107  that all Floridians ultimately bear, and
  108         WHEREAS, the intent of this act is not to interfere with
  109  the legitimate medical use of controlled substances; however,
  110  the people of this state are in need of and will benefit from a
  111  secure and privacy-protected statewide electronic system of
  112  specified prescription drug medication information created
  113  primarily to encourage safer controlled substance prescription
  114  decisions that reduce the number of prescription drug overdoses
  115  and the number of drug overdose deaths; to educate and inform
  116  health care practitioners and provide an added tool in patient
  117  care, including appropriate treatment for patients who have
  118  become addicted; to guide public health initiatives to educate
  119  the population on the dangers of misusing prescription drugs; to
  120  prevent the abuse or diversion of prescribed controlled
  121  substances; and to ensure that those who need prescribed
  122  controlled substances receive them in a manner that protects
  123  patient confidentiality, and
  124         WHEREAS, while certain medicines are very helpful if
  125  properly prescribed to a patient in need and then used as
  126  prescribed, they may be dangerous or even deadly if improperly
  127  dispensed, misused, or diverted, and
  128         WHEREAS, it is the intent of the Legislature to encourage
  129  patient safety, responsible pain management, and proper access
  130  to useful prescription drugs that are prescribed by a
  131  knowledgeable, properly licensed health care practitioner who
  132  dispenses prescription drugs and that are dispensed by a
  133  pharmacist who is made aware of the patient’s prescription drug
  134  medication history, thus preventing, in some cases, an abuse or
  135  addiction problem from developing or worsening, making such a
  136  problem possible or easier to identify, and facilitating the
  137  order of appropriate medical treatment or referral, and
  138         WHEREAS, such an electronic system will also aid
  139  administrative and law enforcement agencies in an active and
  140  ongoing controlled drug-related investigation, maintaining such
  141  information for any such investigation with a reasonable, good
  142  faith anticipation of securing an arrest or prosecution in the
  143  foreseeable future, and
  144         WHEREAS, a Program Implementation and Oversight Workgroup
  145  will provide information to the Governor and Legislature
  146  regarding the implementation of the program and ensure that
  147  privacy and confidentiality of the patient’s prescription
  148  history is respected, NOW, THEREFORE,
  149  
  150  Be It Enacted by the Legislature of the State of Florida:
  151  
  152         Section 1. Section 893.055, Florida Statutes, is created to
  153  read:
  154         893.055Prescription drug validation program.—
  155         (1)As used in this section, the term:
  156         (a)“Advisory report” means information provided by the
  157  department in writing to a prescriber, dispenser, pharmacy, or
  158  patient concerning the dispensing of controlled substances. All
  159  advisory reports are for informational purposes only and impose
  160  no obligations of any nature or any legal duty on a prescriber,
  161  dispenser, pharmacy, or patient. The advisory reports issued by
  162  the department are not subject to discovery or introduction into
  163  evidence in any civil or administrative action against a
  164  prescriber, dispenser, pharmacy, or patient arising out of the
  165  matters that are the subject of the report, and no person who
  166  participates in preparing an advisory report is permitted or
  167  required to testify in any such civil action as to any findings,
  168  recommendations, evaluations, opinions, or other actions taken
  169  in connection with preparing such a report.
  170         (b)“Controlled substance” means a controlled substance
  171  listed in Schedule II, Schedule III, or Schedule IV in s.
  172  893.03.
  173         (c)“Department” means the Department of Health.
  174         (d)“Dispenser” means a dispensing pharmacist or dispensing
  175  health care practitioner.
  176         (e)“Health care practitioner” or “practitioner” means any
  177  practitioner subject to licensure or regulation by the
  178  department under chapter 458, chapter 459, chapter 461, or
  179  chapter 466.
  180         (f)“Health care regulatory board” means any board that
  181  licenses a practitioner or health care practitioner who is
  182  regulated by the department.
  183         (g)“Pharmacy” means any pharmacy subject to licensure or
  184  regulation by the department under chapter 465 which dispenses
  185  or delivers a controlled substance to a patient in this state.
  186         (h)“Prescriber” means a prescribing physician, prescribing
  187  practitioner, or other prescribing health care practitioner.
  188         (2)(a)By December 1, 2010, the department shall design and
  189  establish a comprehensive electronic system that has controlled
  190  substance prescriptions provided to it and that provides
  191  prescription information to a patient’s health care practitioner
  192  and, as determined by the department, may provide advisory
  193  reports to authorized pharmacists, pharmacies, prescribing
  194  practitioners, and dispensing health care practitioners. The
  195  system shall be designed to provide information regarding
  196  dispensed prescriptions of controlled substances in order to
  197  prevent the inadvertent, improper, or illegal use of controlled
  198  substances and shall not infringe upon the legitimate
  199  prescribing of a controlled substance by a prescribing
  200  practitioner, dispensing pharmacist, or dispensing practitioner
  201  acting in good faith and in the course of professional practice.
  202  The system shall be consistent with standards of the American
  203  Society for Automation in Pharmacy for the validation of
  204  prescribing and dispensing controlled substances to an
  205  individual. The electronic system shall also comply with the
  206  Health Insurance Portability and Accountability Act (HIPAA) as
  207  it pertains to protected health information (PHI), electronic
  208  protected health information (EPHI), and all other relevant
  209  state and federal privacy and security laws and regulations. The
  210  validating of prescribed controlled substances shall include a
  211  dispensing transaction with a dispenser not located in this
  212  state but which is otherwise subject to the jurisdiction of this
  213  state as to that dispensing transaction.
  214         (b)The department shall adopt rules concerning the
  215  reporting, evaluation, management, and storage of information
  216  within the system, including rules for when information is
  217  provided to pharmacies, prescribers, health care practitioners,
  218  health care regulatory boards, and law enforcement agencies, and
  219  such rules shall be developed with a reasonable-person standard
  220  for prescription drug dispensers, prescribers, and patients. The
  221  department shall work with the professional health care
  222  licensure boards, such as the Board of Medicine and the Board of
  223  Pharmacy and other appropriate organizations, such as the
  224  Florida Pharmacy Association and the Florida Medical
  225  Association, including those relating to pain management, the
  226  the Attorney General, the Department of Law Enforcement, and the
  227  Agency for Health Care Administration, to develop the
  228  reasonable-person standard for rules appropriate for the
  229  prescription drug validation program.
  230         (c)All dispensers and prescribers subject to such
  231  reporting requirements shall be notified by the department of
  232  the implementation date for such reporting requirements.
  233         (3)The pharmacist in charge of each pharmacy, regarding
  234  each controlled substance dispensed by a pharmacist under the
  235  supervision of the pharmacist in charge, and each prescriber who
  236  directly dispenses a controlled substance shall submit to the
  237  electronic system, by a procedure and in a format established by
  238  the department, the following minimum information for inclusion
  239  in the database:
  240         (a)The name of the prescribing practitioner and the
  241  practitioner’s federal Drug Enforcement Administration
  242  registration number, the practitioner’s National Provider
  243  Identification (NPI) or other appropriate identifier, and the
  244  date of the prescription.
  245         (b)The date the prescription was filled and the method of
  246  payment therefor, including cash. This paragraph does not
  247  authorize the department to include individual credit card or
  248  other account numbers in the database.
  249         (c)The name, address, and date of birth of the person for
  250  whom the prescription was written.
  251         (d)The name, national drug code, quantity, and strength of
  252  the controlled substance dispensed.
  253         (e)The name and address of the pharmacy or other location
  254  from which the controlled substance was dispensed.
  255         (f)The name of the pharmacist or practitioner dispensing
  256  the controlled substance, the practitioner’s National Provider
  257  Identification (NPI), and other appropriate identifying
  258  information as determined by department rule.
  259         (4)Each time a controlled substance is dispensed to an
  260  individual, the controlled substance shall be reported to the
  261  department through the system as soon thereafter as possible,
  262  but not more than 15 days after the date the controlled
  263  substance is dispensed. A dispenser must meet the reporting
  264  requirements of this section by providing the required
  265  information concerning each controlled substance that it
  266  dispensed in a department-approved, secure methodology and
  267  format. Such approved formats may include, but are not limited
  268  to, submission via the Internet, on a disc, or by use of regular
  269  mail.
  270         (5)The following are exempt from this section when
  271  administering controlled substances:
  272         (a)A health care practitioner administering a controlled
  273  substance directly to a patient if the amount of the controlled
  274  substance is adequate to treat the patient during that
  275  particular treatment session.
  276         (b)A pharmacist or health care practitioner administering
  277  a controlled substance to a patient or resident receiving care
  278  as an admitted patient at a hospital, nursing home, hospice, or
  279  intermediate care facility for the developmentally disabled
  280  which is licensed in this state.
  281         (c)A person administering a controlled substance in the
  282  health care system of the Department of Corrections.
  283         (d)A person administering a controlled substance in the
  284  emergency room of a licensed hospital.
  285         (e)A pharmacist or health care practitioner administering
  286  a controlled substance to a person under the age of 16.
  287         (6)The department may establish when to suspend and when
  288  to resume requirements for reporting dispensing information to
  289  the electronic system of controlled prescription drugs during a
  290  state-declared or nationally declared disaster.
  291         (7)(a)A practitioner or pharmacist who dispenses a
  292  controlled substance must submit the information required by
  293  this section in an electronic or other format approved by rule
  294  of the department. The cost to the dispenser in submitting the
  295  information required by this section may not be material or
  296  extraordinary. Costs not considered to be material or
  297  extraordinary include, but are not limited to, regular postage,
  298  electronic media, regular electronic mail, and facsimile
  299  charges.
  300         (b)A pharmacy, prescriber, or dispenser may access
  301  information in the prescription drug validation program’s
  302  electronic system which relates to a patient of that pharmacy,
  303  prescriber, or dispenser for the purpose of reviewing the
  304  patient’s controlled drug prescription history to ensure a
  305  proper standard of care. Other access to the program’s
  306  electronic system shall be limited to the program’s manager and
  307  designated program staff, who may act only in the absence of the
  308  program manager. Access by the program manager or such
  309  designated staff is only for prescription drug management and
  310  for management of the database. Confidential and exempt
  311  information in the database shall be released only as provided
  312  in s. 893.0551. The individual who requests his or her own
  313  information, the attorney general, a health care regulatory
  314  board, any law enforcement agency, or any criminal justice
  315  agency may request this information from the program manager and
  316  may not directly access the database for this information.
  317         (c)All transmissions of data required by this section must
  318  comply with relevant state and federal privacy and security laws
  319  and regulations. However, any authorized agency or person
  320  receiving such information may maintain the information received
  321  for up to 24 months before purging it from his or her records or
  322  maintain it for longer than 24 months if the information is
  323  pertinent to an ongoing health care or active law enforcement
  324  investigation or prosecution.
  325         (8)To assist in fulfilling the program responsibilities,
  326  performance measures shall be reported annually by the
  327  department each December 1, beginning in 2011. Data that does
  328  not contain patient, physician, health care practitioner, or
  329  dispenser identifying information may be requested during the
  330  year by department employees so that the department may
  331  undertake public health care and safety initiatives that take
  332  advantage of observed trends. Performance measures may include,
  333  but are not limited to, efforts to achieve the following
  334  outcomes:
  335         (a)Reduction of the rate of inappropriate use of
  336  prescription drugs through department education and safety
  337  efforts.
  338         (b)Reduction of the quantity of pharmaceutical controlled
  339  substances obtained by individuals attempting to engage in fraud
  340  and deceit.
  341         (c)Increased coordination among prescription drug
  342  validation program partners.
  343         (d)Involvement of stakeholders in achieving improved
  344  patient health care and reduction of prescription drug abuse and
  345  prescription drug diversion.
  346         (9)Any person who knowingly fails to report the dispensing
  347  of a controlled substance as required by this section commits a
  348  misdemeanor of the first degree, punishable as provided in s.
  349  775.082 or s. 775.083.
  350         (10)All costs incurred by the department in administering
  351  the prescription drug validation program shall be reimbursed
  352  through federal grants or private funding applied for or
  353  received by the state. The department and state government shall
  354  cooperate in seeking federal grant funds, other nonstate grant
  355  funds, gifts, donations, or other private moneys for the
  356  department so long as the costs of doing so are not considered
  357  material. Nonmaterial costs for this purpose include, but are
  358  not limited to, the costs of mailing and personnel assigned to
  359  research or apply for a grant. Notwithstanding the exemptions to
  360  competitive-solicitation requirements under s. 287.057(5)(f),
  361  the Department of Health shall comply with the competitive
  362  solicitation requirements for the procurement of any goods or
  363  services required by this section.
  364         (11)The Office of Drug Control, in coordination with the
  365  department, may establish a direct-support organization that has
  366  a board consisting of at least five members to provide
  367  assistance, funding, and promotional support for the activities
  368  authorized for the prescription drug validation program.
  369         (a)As used in this subsection, the term “direct-support
  370  organization” means an organization that is:
  371         1.A Florida corporation not for profit incorporated under
  372  chapter 617, exempted from filing fees, and approved by the
  373  Department of State.
  374         2.Organized and operated to conduct programs and
  375  activities; raise funds; request and receive grants, gifts, and
  376  bequests of money; acquire, receive, hold, and invest, in its
  377  own name, securities, funds, objects of value, or other
  378  property, either real or personal; and make expenditures to or
  379  for the direct or indirect benefit of the department in the
  380  furtherance of the prescription drug validation program.
  381         (b)The direct-support organization is not considered a
  382  lobbying firm within the meaning of s. 11.045.
  383         (c)The director of the Office of Drug Control shall
  384  appoint a board of directors for the direct-support
  385  organization. The director may designate employees of the Office
  386  of Drug Control; state employees other than state employees from
  387  the Department of Health; members of provider associations, such
  388  as the Florida Pharmacy Association or the Florida Medical
  389  Association; and any other nonstate employees as appropriate, to
  390  serve on such board. Members of the board shall serve at the
  391  pleasure of the director of the Office of Drug Control.
  392         (d)The direct-support organization may operate under
  393  written contract with the Office of Drug Control. The contract
  394  must provide for:
  395         1.Approval of the articles of incorporation and bylaws of
  396  the direct-support organization by the Office of Drug Control.
  397         2.Submission of an annual budget for the approval of the
  398  Office of Drug Control.
  399         3.Certification by the Office of Drug Control in
  400  consultation with the department that the direct-support
  401  organization is complying with the terms of the contract in a
  402  manner consistent with and in furtherance of the goals and
  403  purposes of the prescription drug validation program and in the
  404  best interest of the state. Such certification must be made
  405  annually and reported in the official minutes of a meeting of
  406  the direct-support organization.
  407         4.The reversion, without penalty, to the Office of Drug
  408  Control, or to the state if the Office of Drug Control ceases to
  409  exist, of all moneys and property held in trust by the direct
  410  support organization for the benefit of the prescription drug
  411  validation program if the direct-support organization ceases to
  412  exist or if the contract is terminated.
  413         5.The fiscal year of the direct-support organization,
  414  which must begin July 1 of each year and end June 30 of the
  415  following year.
  416         6.The disclosure of the material provisions of the
  417  contract to donors of gifts, contributions, or bequests,
  418  including such disclosure on all promotional and fundraising
  419  publications, and an explanation to such donors of the
  420  distinction between the Office of Drug Control and the direct
  421  support organization.
  422         (e)The direct-support organization is specifically
  423  authorized to collect and expend funds to be used for the
  424  functions of the direct-support organization’s board of
  425  directors, as necessary; establishing and administering the
  426  prescription drug validation program’s electronic database,
  427  including hardware, software, and personnel; conducting studies
  428  on the efficiency and effectiveness of the program; providing
  429  funds for future enhancements of the program within the intent
  430  of this section; providing health care practitioner education,
  431  including distribution of materials to promote public awareness
  432  and education and conducting workshops or other meetings; travel
  433  expenses; administrative costs, including personnel, audits,
  434  facilities, and equipment; and all other requirements necessary
  435  to establish the program as outlined in this section.
  436         (f)The activities of the direct-support organization must
  437  be consistent with the goals and mission of the Office of Drug
  438  Control, as determined by the office in consultation with the
  439  department, and in the best interests of the state. The direct
  440  support organization must obtain a written approval from the
  441  director of the Office of Drug Control for any activities in
  442  support of the prescription drug validation program before
  443  undertaking those activities.
  444         (g)The Office of Drug Control, in consultation with the
  445  department, may permit, without charge, appropriate use of
  446  administrative services, property, and facilities of the Office
  447  of Drug Control and the department by the direct-support
  448  organization, subject to this section. The use must be directly
  449  in keeping with the approved purposes of the direct-support
  450  organization and may not be made at times or places that would
  451  unreasonably interfere with opportunities for the public to use
  452  such facilities for established purposes. Any moneys received
  453  from rentals of facilities and properties managed by the Office
  454  of Drug Control and the department may be held by the Office of
  455  Drug Control or in a separate depository account in the name of
  456  the direct-support organization and subject to the provisions of
  457  the letter of agreement with the Office of Drug Control. The
  458  letter of agreement must provide that any funds held in the
  459  separate depository account in the name of the direct-support
  460  organization must revert to the Office of Drug Control if the
  461  direct-support organization is no longer approved by the Office
  462  of Drug Control to operate in the best interests of the state.
  463         (h)The Office of Drug Control, in consultation with the
  464  department, may adopt requirements with which a direct-support
  465  organization must comply in order to use department and Office
  466  of Drug Control administrative services, property, or
  467  facilities.
  468         (i)The Office of Drug Control may not permit the use of
  469  any administrative services, property, or facilities of the
  470  state by a direct-support organization if that organization does
  471  not provide equal membership and employment opportunities to all
  472  persons regardless of race, color, religion, gender, age, or
  473  national origin.
  474         (j)The direct-support organization shall provide for an
  475  independent annual financial audit in accordance with s.
  476  215.981. Copies of the audit shall be provided to the Office of
  477  Drug Control and the Office of Policy and Budget in the
  478  Executive Office of the Governor.
  479         (k)The direct-support organization may not exercise any
  480  power under s. 617.0302(12) or (16).
  481         (12)A prescriber or dispenser is authorized access to the
  482  information under this section for his or her patient for his or
  483  her review of the patient’s controlled drug prescription history
  484  to ensure a proper standard of care. A prescriber or dispenser
  485  acting in good faith is immune from any civil, criminal, or
  486  administrative liability that might otherwise be incurred or
  487  imposed for receiving or using information from the prescription
  488  drug validation program. This subsection does not create a
  489  private cause of action, and a person may not recover damages
  490  against a prescriber or dispenser authorized to access
  491  information under this subsection for accessing or failing to
  492  access such information.
  493         (13)To the extent that funding is provided for such
  494  purpose through federal or private grants or gifts and other
  495  types of available moneys, the department, in collaboration with
  496  the Office of Drug Control, shall study the feasibility of
  497  enhancing the prescription drug validation program for the
  498  purposes of public health initiatives and statistical reporting
  499  that respects the privacy of the patient, the prescriber, and
  500  the dispenser. Such a study shall be conducted in order to
  501  further improve the quality of health care services and safety
  502  by improving prescription drug prescribing practices, taking
  503  advantage of advances in technology, reducing duplicative
  504  prescriptions and the overprescribing of prescription drugs, and
  505  reducing drug abuse. In addition, the direct-support
  506  organization shall provide funding for the department, in
  507  collaboration with the Office of Drug Control, to conduct
  508  training for health care practitioners and other appropriate
  509  persons in using the program to support the program
  510  enhancements.
  511         (14)A pharmacist, pharmacy, or dispensing health care
  512  practitioner or his or her agent, prior to releasing a
  513  controlled substance to any person not known to such dispenser,
  514  shall require the person purchasing, receiving, or otherwise
  515  acquiring the controlled substance to present valid photographic
  516  identification or other verification of his or her identity to
  517  the dispenser. If the person does not have proper
  518  identification, the dispenser may verify the validity of the
  519  prescription and the identity of the patient with the prescriber
  520  or his or her authorized agent, or by a method determined by the
  521  department, before dispensing the controlled substance. The
  522  person purchasing, receiving, or otherwise acquiring the
  523  controlled substance does not have to be the specific patient to
  524  whom the prescription is prescribed. A record shall be
  525  maintained for 2 years of the person acquiring the controlled
  526  substance, which record shall include the person’s name and
  527  signature using the proper identification. This subsection does
  528  not apply in an institutional setting or to a long-term care
  529  facility, including, but not limited to, an assisted living
  530  facility or a hospital to which patients are admitted. As used
  531  in this subsection, the term “proper identification” means a
  532  government-issued identification containing the person’s
  533  picture, printed name, and signature.
  534         (15)The Agency for Health Care Administration shall
  535  continue the implementation of electronic prescribing by health
  536  care practitioners, health care facilities, and pharmacies under
  537  s. 408.061 and the electronic prescribing clearinghouse
  538  collaboration with the private sector under s. 408.0611.
  539         (16)By October 1, 2010, the department shall adopt rules
  540  pursuant to ss. 120.536(1) and 120.54 to implement the
  541  provisions of this section.
  542         Section 2. (1)The Program Implementation and Oversight
  543  Workgroup is created within the Executive Office of the
  544  Governor. The director of the Office of Drug Control shall be a
  545  nonvoting, ex officio member of the workgroup and shall act as
  546  chair. The Office of Drug Control and the Department of Health
  547  shall provide staff support for the workgroup.
  548         (a)The following state officials shall serve on the
  549  workgroup:
  550         1.The Attorney General or his or her designee.
  551         2.The Secretary of Children and Family Services or his or
  552  her designee.
  553         3.The Secretary of Health Care Administration or his or
  554  her designee.
  555         4.The State Surgeon General or his or her designee.
  556         (b)In addition, the Governor shall appoint 10 members of
  557  the public to serve on the workgroup. Of these 10 appointed
  558  members, one member must have professional or occupational
  559  expertise in computer security; one member must be a Florida
  560  licensed, board-certified oncologist; two members must be
  561  Florida-licensed, board-certified, fellowship-trained physicians
  562  who have experience in pain management; one member must have
  563  professional or occupational expertise in e-Prescribing or
  564  prescription drug validation programs; one member must be a
  565  Florida-licensed pharmacist; one member must have professional
  566  or occupational expertise in law enforcement with experience in
  567  prescription drug investigations; one member must have
  568  professional or occupational expertise as an epidemiologist with
  569  a background in tracking and analyzing drug trends; and two
  570  members must have professional or occupational expertise as
  571  providers of substance abuse treatment, with priority given to a
  572  member who is a former substance abuser.
  573         (c)Members appointed by the Governor shall be appointed to
  574  a term of 3 years each. Any vacancy on the workgroup shall be
  575  filled in the same manner as the original appointment, and any
  576  member appointed to fill a vacancy shall serve only for the
  577  unexpired term of the member’s predecessor.
  578         (d)Members of the workgroup and members of subcommittees
  579  appointed under subsection (4) shall serve without compensation,
  580  but are entitled to reimbursement for per diem and travel
  581  expenses as provided in s. 112.061, Florida Statutes.
  582         (e)The workgroup shall meet at least quarterly or upon the
  583  call of the chair.
  584         (2)The purpose of the workgroup is to monitor the
  585  implementation and safeguarding of the electronic system
  586  established for the prescription drug validation program under
  587  s. 893.055, Florida Statutes, and to ensure privacy, protection
  588  of individual medication history, and the electronic system’s
  589  appropriate use by physicians, dispensers, pharmacies, law
  590  enforcement agencies, and those authorized to request
  591  information from the electronic system.
  592         (3)The Office of Drug Control shall submit a report to the
  593  Governor, the President of the Senate, and the Speaker of the
  594  House of Representatives by December 1 of each year which
  595  contains a summary of the work of the workgroup during that year
  596  and the recommendations developed in accordance with the
  597  workgroup’s purpose as provided in subsection (2). Interim
  598  reports may be submitted at the discretion of the chair.
  599         (4)The chair of the workgroup shall appoint subcommittees
  600  that include members of state agencies that are not represented
  601  on the workgroup for the purpose of soliciting input and
  602  recommendations from those state agencies as needed by the
  603  workgroup to accomplish its purposes. In addition, the chair may
  604  appoint subcommittees as necessary from among the members of the
  605  workgroup in order to efficiently address specific issues. If a
  606  state agency is to be represented on any subcommittee, the
  607  representative shall be the head of the agency or his or her
  608  designee. The chair may designate lead and contributing agencies
  609  within a subcommittee.
  610         (5)The workgroup shall provide a final report in
  611  accordance with the workgroup’s purpose as provided in
  612  subsection (2) on July 1, 2012, to the Governor, the President
  613  of the Senate, and the Speaker of the House of Representatives.
  614  Such report shall be prepared using only data that does not
  615  identify a patient or dispenser. The workgroup shall expire and
  616  this section is repealed on that date.
  617         Section 3. Subsections (4) and (5) are added to section
  618  458.309, Florida Statutes, to read:
  619         458.309 Rulemaking authority.—
  620         (4)Each physician who practices in a privately owned pain
  621  management facility that primarily engages in the treatment of
  622  pain by prescribing narcotic medications shall register the
  623  facility with the department unless it is licensed as a facility
  624  under chapter 395. The department shall inspect the facility
  625  annually to ensure that it complies with board rules adopted
  626  pursuant to s. 458.309(4) and (5) unless the facility is
  627  accredited by a nationally recognized accrediting agency
  628  approved by the board. The actual costs for registration and
  629  inspection or accreditation shall be paid by the physician
  630  seeking to register the facility.
  631         (5)The board shall adopt rules setting forth standards of
  632  practice for physicians practicing in privately owned pain
  633  management facilities that primarily engage in the treatment of
  634  pain by prescribing controlled substance medications. These
  635  rules shall address, but need not be limited to, the following
  636  subjects:
  637         (a)Facility operations;
  638         (b)Physical operations;
  639         (c)Infection control requirements;
  640         (d)Health and safety requirements;
  641         (e)Quality assurance requirements;
  642         (f)Patient records;
  643         (g)Training requirements for all facility health care
  644  practitioners; and
  645         (h)Inspections.
  646  
  647  A physician is primarily engaged in the treatment of pain by
  648  prescribing narcotic medications when the majority of the
  649  patients seen on any day the facility is open are issued
  650  narcotic prescriptions for the treatment of nonmalignant pain.
  651         Section 4. This act shall take effect July 1, 2009.