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: 154 893.055 Prescription 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.