Florida Senate - 2009                       CS for CS for SB 462
       
       
       
       By the Committees on Judiciary; and Health Regulation; and
       Senator Fasano
       
       
       
       590-03445-09                                           2009462c2
    1                        A bill to be entitled                      
    2         An act relating to prescription drugs; creating s.
    3         893.055, F.S.; providing definitions; requiring the
    4         Department of Health to establish a comprehensive
    5         electronic system to validate the prescribing and
    6         dispensing of certain controlled substances; requiring
    7         specified prescribing and dispensing information to be
    8         reported to the electronic system; requiring the
    9         department, in conjunction with specified
   10         organizations, to adopt by rule a reasonable-person
   11         standard appropriate for the prescription drug
   12         validation program; providing reporting requirements;
   13         providing a reporting period; providing exemptions
   14         from participation in the system; authorizing the
   15         department to establish when to suspend and when to
   16         resume reporting requirements during declared
   17         emergencies; requiring all nonexempt, dispensing
   18         pharmacists and practitioners to submit information in
   19         a specified format; providing that the cost to the
   20         dispenser in submitting the required information may
   21         not be material or extraordinary; specifying costs
   22         that are not material or extraordinary; providing
   23         access to information reported to the system under
   24         certain circumstances; providing for the use of data
   25         for specified purposes; requiring data transmission to
   26         comply with state and federal privacy and security
   27         laws; authorizing an agency or person to maintain the
   28         data for a specified period if the data is pertinent
   29         to ongoing health care or an active law enforcement
   30         investigation or prosecution; requiring the annual
   31         reporting of certain performance measures to the
   32         Governor and Legislature; providing performance
   33         measure criteria; providing criminal penalties for
   34         violations; requiring that all costs incurred by the
   35         department for the program be reimbursed through
   36         federal grants or available private funding sources;
   37         providing requirements for seeking funding and
   38         procuring goods or services; authorizing the Office of
   39         Drug Control, in coordination with the department, to
   40         establish a direct-support organization; providing a
   41         definition; providing for a board of directors
   42         appointed by the director of the office; requiring the
   43         director to provide guidance to the board regarding
   44         acceptance of moneys from appropriate sources;
   45         requiring the direct-support organization to operate
   46         under written contract with the office; providing
   47         contract requirements; requiring department approval
   48         of activities of the direct-support organization;
   49         providing requirements for the use of certain
   50         facilities and services; providing for audits;
   51         prohibiting the direct-support organization from
   52         exercising certain powers; establishing that a
   53         prescriber or dispenser is not liable for good faith
   54         use of the department-provided controlled substance
   55         prescription information of a patient; requiring a
   56         study of the feasibility of enhancing the prescription
   57         drug validation program for specified purposes to the
   58         extent that funding is provided for such purpose;
   59         requiring certain persons to present specified
   60         identification in order to obtain controlled
   61         substances; providing for recordkeeping for certain
   62         transactions; requiring the Agency for Health Care
   63         Administration to continue implementation of
   64         electronic prescribing and an electronic prescribing
   65         clearinghouse; requiring the department to adopt
   66         rules; establishing a Program Implementation and
   67         Oversight Task Force; providing for membership;
   68         providing for reimbursement of certain member
   69         expenses; providing for meetings; providing the
   70         purpose of the task force; requiring reports to the
   71         Governor and Legislature; providing for the creation,
   72         membership, and duties of subcommittees; providing for
   73         a final report and the termination of the task force;
   74         amending ss. 458.309 and 459.005, F.S.; requiring
   75         certain physicians who engage in pain management to
   76         register their facilities with the department;
   77         requiring the department to inspect each facility;
   78         providing for exceptions; requiring the Board of
   79         Medicine and the Board of Osteopathic Medicine to
   80         adopt rules setting forth standards of practice for
   81         certain physicians who engage in pain management;
   82         providing criteria for the rules; providing an
   83         effective date.
   84  
   85         WHEREAS, as has been advocated by numerous pain management
   86  experts, addiction medicine experts, pharmacists, and law
   87  enforcement personnel, a prescription drug validation program
   88  that provides for reporting and advisory information is
   89  established pursuant to this act to serve as a means to promote
   90  the public health and welfare and to detect and prevent
   91  controlled substance abuse and diversion, and
   92         WHEREAS, while the importance and necessity of the proper
   93  prescribing, dispensing, and monitoring of controlled
   94  substances, particularly pain medication, have been established,
   95  controlled prescription drugs are too often diverted in this
   96  state, often through fraudulent means, including outright theft,
   97  phony pharmacy fronts, loose Internet medical evaluations, and
   98  inappropriate importation; in addition, there is a criminal
   99  element that facilitates the prescription drug abuse epidemic
  100  through illegal profitmaking from the diversion of certain
  101  controlled substances that are prescribed or dispensed by
  102  physicians, health care practitioners, and pharmacists, and
  103         WHEREAS, in 2007, 8,620 drug-related deaths occurred in
  104  this state, 3,159 of which were caused by prescription drugs, an
  105  average of nearly nine Floridians dying each day from
  106  prescription drugs; Schedule IV benzodiazepines, such as Xanax
  107  and Valium, were found to be present in more drug-related deaths
  108  than cocaine; and opiate pain medications were found to be
  109  contributing to increasing numbers of drug-related deaths, and
  110         WHEREAS, pharmaceutical drug diversion hurts this state
  111  significantly in terms of lost lives, increased crime, human
  112  misery from addiction, and ballooning health care costs
  113  connected to treatment, medical expenses, and Medicaid fraud
  114  that all Floridians ultimately bear, and
  115         WHEREAS, the intent of this act is not to interfere with
  116  the legitimate medical use of controlled substances; however,
  117  the people of this state are in need of and will benefit from a
  118  secure and privacy-protected statewide electronic system of
  119  specified prescription drug medication information created
  120  primarily to encourage safer controlled substance prescription
  121  decisions that reduce the number of prescription drug overdoses
  122  and the number of drug overdose deaths; to educate and inform
  123  health care practitioners and provide an added tool in patient
  124  care, including appropriate treatment for patients who have
  125  become addicted; to guide public health initiatives to educate
  126  the population on the dangers of misusing prescription drugs; to
  127  prevent the abuse or diversion of prescribed controlled
  128  substances; and to ensure that those who need prescribed
  129  controlled substances receive them in a manner that protects
  130  patient confidentiality, and
  131         WHEREAS, while certain medicines are very helpful if
  132  properly prescribed to a patient in need and then used as
  133  prescribed, they may be dangerous or even deadly if improperly
  134  dispensed, misused, or diverted, and
  135         WHEREAS, it is the intent of the Legislature to encourage
  136  patient safety, responsible pain management, and proper access
  137  to useful prescription drugs that are prescribed by a
  138  knowledgeable, properly licensed health care practitioner who
  139  dispenses prescription drugs and that are dispensed by a
  140  pharmacist who is made aware of the patient’s prescription drug
  141  medication history, thus preventing, in some cases, an abuse or
  142  addiction problem from developing or worsening, making such a
  143  problem possible or easier to identify, and facilitating the
  144  order of appropriate medical treatment or referral, and
  145         WHEREAS, such an electronic system will also aid
  146  administrative and law enforcement agencies in an active and
  147  ongoing controlled substance-related investigation, maintaining
  148  such information for any such investigation with a reasonable,
  149  good faith anticipation of securing an arrest or prosecution in
  150  the foreseeable future, and
  151         WHEREAS, a Program Implementation and Oversight Task Force
  152  will provide information to the Governor and Legislature
  153  regarding the implementation of the program and ensure that
  154  privacy and confidentiality of the patient’s prescription
  155  history is respected, NOW, THEREFORE,
  156  
  157  Be It Enacted by the Legislature of the State of Florida:
  158  
  159         Section 1. Section 893.055, Florida Statutes, is created to
  160  read:
  161         893.055Prescription drug validation program.—
  162         (1)As used in this section, the term:
  163         (a)“Advisory report” means information provided by the
  164  department in writing to a prescriber, dispenser, pharmacy, or
  165  patient concerning the dispensing of controlled substances. All
  166  advisory reports are for informational purposes only and impose
  167  no obligations of any nature or any legal duty on a prescriber,
  168  dispenser, pharmacy, or patient. The advisory reports issued by
  169  the department are not subject to discovery or introduction into
  170  evidence in any civil or administrative action against a
  171  prescriber, dispenser, pharmacy, or patient arising out of
  172  matters that are the subject of the report, and a person who
  173  participates in preparing an advisory report may not be
  174  permitted or required to testify in any such civil action as to
  175  any findings, recommendations, evaluations, opinions, or other
  176  actions taken in connection with preparing such a report.
  177         (b)“Controlled substance” means a controlled substance
  178  listed in Schedule II, Schedule III, or Schedule IV in s.
  179  893.03.
  180         (c)“Dispenser” means a dispensing pharmacist or dispensing
  181  health care practitioner.
  182         (d)“Health care practitioner” or “practitioner” means any
  183  practitioner who is subject to licensure or regulation by the
  184  department under chapter 458, chapter 459, chapter 461, chapter
  185  462, chapter 464, chapter 465, or chapter 466.
  186         (e)“Health care regulatory board” means any board for a
  187  practitioner or health care practitioner who is licensed or
  188  regulated by the department.
  189         (f)“Pharmacy” means any pharmacy that is subject to
  190  licensure or regulation by the department under chapter 465 and
  191  that dispenses or delivers a controlled substance to a patient
  192  in this state.
  193         (g)“Prescriber” means a prescribing physician, prescribing
  194  practitioner, or other prescribing health care practitioner.
  195         (2)(a)By December 1, 2010, the department shall design and
  196  establish a comprehensive electronic system that has controlled
  197  substance prescriptions provided to it and that provides
  198  prescription information to a patient’s health care practitioner
  199  and pharmacist who inform the department that they wish the
  200  patient advisory report provided to them. Otherwise, the patient
  201  advisory report will not be sent to the practitioner, pharmacy,
  202  or pharmacist. The system shall be designed to provide
  203  information regarding dispensed prescriptions of controlled
  204  substances in order to prevent the inadvertent, improper, or
  205  illegal use of controlled substances and may not infringe upon
  206  the legitimate prescribing or dispensing of a controlled
  207  substance by a prescriber or dispenser acting in good faith and
  208  in the course of professional practice. The system shall be
  209  consistent with standards of the American Society for Automation
  210  in Pharmacy (ASAP) for the validation of the prescribing and
  211  dispensing of controlled substances to an individual. The
  212  electronic system shall also comply with the Health Insurance
  213  Portability and Accountability Act (HIPAA) as it pertains to
  214  protected health information (PHI), electronic protected health
  215  information (EPHI), and all other relevant state and federal
  216  privacy and security laws and regulations. The validating of
  217  prescribed controlled substances shall include a dispensing
  218  transaction with a dispenser who is not located in this state
  219  but who is otherwise subject to the jurisdiction of this state
  220  as to that dispensing transaction. The reporting of patient
  221  advisories only refers to reports to pharmacists and
  222  practitioners. Separate reports that are not patient advisory
  223  reports are provided to persons and entities as authorized in
  224  this section and s. 893.0551.
  225         (b)The department shall adopt rules as necessary
  226  concerning the reporting, accessing, evaluation, management,
  227  development, implementation, operation, and storage of
  228  information within the system, including rules for when patient
  229  advisory reports and patient information is provided to
  230  pharmacies, prescribers, and health care practitioners and rules
  231  for when health care regulatory boards and law enforcement
  232  agencies are provided patient prescription history information
  233  from the database unless provision of such information is
  234  otherwise described in this section. Such rules shall be
  235  developed with a reasonable-person standard for controlled
  236  prescription drug dispensers, prescribers, and patients. The
  237  department shall work with the professional health care
  238  licensure boards, such as the Board of Medicine and the Board of
  239  Pharmacy; other appropriate organizations, such as the Florida
  240  Pharmacy Association and the Florida Medical Association,
  241  including those relating to pain management; and the Attorney
  242  General, the Department of Law Enforcement, and the Agency for
  243  Health Care Administration, to develop the reasonable-person
  244  standard for rules appropriate for the prescription drug
  245  validation program.
  246         (c)All dispensers and prescribers subject to these
  247  reporting requirements shall be notified by the department of
  248  the implementation date for such reporting requirements.
  249         (3)The pharmacy dispensing the controlled substance and
  250  each prescriber who directly dispenses a controlled substance
  251  shall submit to the electronic system, by a procedure and in a
  252  format established by the department and consistent with an ASAP
  253  format, the following information for inclusion in the database:
  254         (a)The name of the prescribing practitioner, the
  255  practitioner’s federal Drug Enforcement Administration
  256  registration number, the practitioner’s National Provider
  257  Identification (NPI) or other appropriate identifier, and the
  258  date of the prescription.
  259         (b)The date the prescription was filled and the method of
  260  payment, including cash. This paragraph does not authorize the
  261  department to include individual credit card or other account
  262  numbers in the database.
  263         (c)The full name, address, and date of birth of the person
  264  for whom the prescription was written.
  265         (d)The name, national drug code, quantity, and strength of
  266  the controlled substance dispensed.
  267         (e)The full name and address of the pharmacy or other
  268  location from which the controlled substance was dispensed.
  269         (f)The full name of the pharmacist or practitioner
  270  dispensing the controlled substance and the practitioner’s
  271  National Provider Identification (NPI).
  272         (g)Other appropriate identifying information as determined
  273  by department rule.
  274         (4)Each time a controlled substance is dispensed to an
  275  individual, the controlled substance shall be reported to the
  276  department through the system as soon thereafter as possible,
  277  but not more than 15 days after the date the controlled
  278  substance is dispensed. A dispenser must meet the reporting
  279  requirements of this section by providing the required
  280  information concerning each controlled substance that it
  281  dispensed in a department-approved, secure methodology and
  282  format. Such approved formats may include, but are not limited
  283  to, submission via the Internet, on a disc, or by use of regular
  284  mail.
  285         (5)The following are exempt from this section when
  286  administering a controlled substance:
  287         (a)A health care practitioner administering a controlled
  288  substance directly to a patient if the amount of the controlled
  289  substance is adequate to treat the patient during that
  290  particular treatment session.
  291         (b)A pharmacist or health care practitioner administering
  292  a controlled substance to a patient or resident receiving care
  293  as a patient at a hospital, nursing home, ambulatory surgical
  294  center, hospice, or intermediate care facility for the
  295  developmentally disabled which is licensed in this state.
  296         (c)A practitioner administering a controlled substance in
  297  the health care system of the Department of Corrections.
  298         (d)A practitioner administering a controlled substance in
  299  the emergency room of a licensed hospital.
  300         (e)A health care practitioner administering a controlled
  301  substance to a person under the age of 16.
  302         (6)The department may establish when to suspend and when
  303  to resume reporting information during a state-declared or
  304  nationally declared disaster.
  305         (7)(a)A practitioner or pharmacist who dispenses a
  306  controlled substance must submit the information required by
  307  this section in an electronic or other ASAP format approved by
  308  rule of the department unless otherwise provided in this
  309  section. The cost to the dispenser in submitting the information
  310  required by this section may not be material or extraordinary.
  311  Costs not considered to be material or extraordinary include,
  312  but are not limited to, regular postage, electronic media,
  313  regular electronic mail, and facsimile charges.
  314         (b)A pharmacy, prescriber, or dispenser may have direct
  315  access to information in the prescription drug validation
  316  program’s electronic system database which relates to a patient
  317  of that pharmacy, prescriber, or dispenser in a manner
  318  established by the department for the purpose of reviewing the
  319  patient’s controlled substance prescription history to ensure a
  320  proper standard of care. Other access to the program’s
  321  electronic system database shall be limited to the program’s
  322  manager and to designated program staff, who may act only at the
  323  direction of the program manager or in the absence of the
  324  program manager. Access by the program manager or such
  325  designated staff is for prescription drug management only or for
  326  management of the program’s database in support of the
  327  requirements of this section and in furtherance of the
  328  prescription drug validation program. Confidential and exempt
  329  information in the database shall be released only as provided
  330  in paragraph (c) and s. 893.0551.
  331         (c)The following entities shall not be allowed direct
  332  access to information in the prescription drug validation
  333  program database but may request from the project manager and,
  334  when authorized by the manager, the project manager’s support
  335  staff, information that is confidential and exempt under s.
  336  893.0551. The request shall be verified as authentic and
  337  authorized with the requesting organization by the project
  338  manager, the project manager’s support staff, or as determined
  339  in rules by the department before providing the information to:
  340         1.The department’s relevant health care regulatory boards
  341  responsible for the licensure, regulation, or discipline of
  342  practitioners, pharmacists, or other persons who are authorized
  343  to prescribe, administer, or dispense controlled substances and
  344  who are involved in a specific controlled substance
  345  investigation involving a designated person for one or more
  346  prescribed controlled substances.
  347         2.The Attorney General for Medicaid fraud cases involving
  348  prescribed controlled substances.
  349         3.A law enforcement agency, as described in s.
  350  893.0551(2)(c), during ongoing investigations as provided in s.
  351  893.07 or during active investigations as defined in s. 119.011
  352  regarding potential criminal activity, fraud, or theft regarding
  353  prescribed controlled substances. The database information is
  354  available only for criminal cases.
  355  
  356  Information may be provided only to a patient or the legal
  357  guardian of an incapacitated person as described in s. 893.0551
  358  who submits a written and notarized request that includes the
  359  patient’s full name, address, and date of birth in order to
  360  check the accuracy of his or her own or the incapacitated
  361  person’s records. The request shall be validated by the
  362  department in order to verify that the identity is that of the
  363  requestor and to include any request to change his or her
  364  prescription history or other information related to his or her
  365  information in the electronic database.
  366         (d)The following entities shall not be allowed direct
  367  access to information in the prescription drug validation
  368  program database but may request from the project manager and,
  369  when authorized by the manager, the project manager’s support
  370  staff, information that does not contain any identifying
  371  information of any patient, physician, health care practitioner,
  372  prescriber, or dispenser and that is not confidential and
  373  exempt:
  374         1.Department staff for the purpose of calculating
  375  performance measures pursuant to subsection (8).
  376         2.The Program Implementation and Oversight Task Force for
  377  its reporting to the Governor, the President of the Senate, and
  378  the Speaker of the House of Representatives regarding the
  379  prescription drug validation program. This subparagraph expires
  380  July 1, 2012.
  381         (e)All transmissions of data required by this section must
  382  comply with relevant state and federal privacy and security laws
  383  and regulations. However, any authorized agency or person
  384  receiving such information as allowed by s. 893.0551 may
  385  maintain the information received for up to 24 months before
  386  purging it from his or her records or maintain it for longer
  387  than 24 months if the information is pertinent to ongoing health
  388  care or an active law enforcement investigation or prosecution.
  389         (8)In order to assist in fulfilling program
  390  responsibilities, performance measures shall be reported
  391  annually to the Governor, the President of the Senate, and the
  392  Speaker of the House of Representatives by the department each
  393  December 1, beginning in 2011. Data that does not contain
  394  patient, physician, health care practitioner, prescriber, or
  395  dispenser identifying information may be requested during the
  396  year by department employees so that the department may
  397  undertake public health care and safety initiatives that take
  398  advantage of observed trends. Performance measures may include,
  399  but are not limited to, efforts to achieve the following
  400  outcomes:
  401         (a)Reduction of the rate of inappropriate use of
  402  prescription drugs through department education and safety
  403  efforts.
  404         (b)Reduction of the quantity of pharmaceutical controlled
  405  substances obtained by individuals attempting to engage in fraud
  406  and deceit.
  407         (c)Increased coordination among partners participating in
  408  prescription drug validation program.
  409         (d)Involvement of stakeholders in achieving improved
  410  patient health care and safety and reduction of prescription
  411  drug abuse and prescription drug diversion.
  412         (9)Any person who knowingly fails to report the dispensing
  413  of a controlled substance as required by this section commits a
  414  misdemeanor of the first degree, punishable as provided in s.
  415  775.082 or s. 775.083.
  416         (10)All costs incurred by the department in administering
  417  the prescription drug validation program shall be reimbursed
  418  through federal grants or private funding applied for or
  419  received by the state. The prescription drug validation program
  420  and the implementation thereof are contingent upon receipt of
  421  the nonstate funding, and specific legislative appropriation may
  422  not be used to fund the program. The department and state
  423  government shall cooperate with the direct-support organization
  424  established pursuant to subsection (11) in seeking federal grant
  425  funds, other nonstate grant funds, gifts, donations, or other
  426  private moneys for the department so long as the costs of doing
  427  so are not considered material. Nonmaterial costs for this
  428  purpose include, but are not limited to, the costs of mailing
  429  and personnel assigned to research or apply for a grant.
  430  Notwithstanding the exemptions to competitive-solicitation
  431  requirements under s. 287.057(5)(f), the department shall comply
  432  with the competitive-solicitation requirements under s. 287.057
  433  for the procurement of any goods or services required by this
  434  section.
  435         (11)The Office of Drug Control, in coordination with the
  436  department, may establish a direct-support organization that has
  437  a board consisting of at least five members to provide
  438  assistance, funding, and promotional support for the activities
  439  authorized for the prescription drug validation program.
  440         (a)As used in this subsection, the term “direct-support
  441  organization” means an organization that is:
  442         1.A Florida corporation not for profit incorporated under
  443  chapter 617, exempted from filing fees, and approved by the
  444  Department of State.
  445         2.Organized and operated to conduct programs and
  446  activities; raise funds; request and receive grants, gifts, and
  447  bequests of money; acquire, receive, hold, and invest, in its
  448  own name, securities, funds, objects of value, or other
  449  property, either real or personal; and make expenditures to or
  450  for the direct or indirect benefit of the department in the
  451  furtherance of the prescription drug validation program.
  452         (b)The direct-support organization is not considered a
  453  lobbying firm within the meaning of s. 11.045.
  454         (c)The director of the Office of Drug Control shall
  455  appoint a board of directors for the direct-support
  456  organization. The director may designate employees of the Office
  457  of Drug Control, state employees other than state employees from
  458  the department, and any other nonstate employees as appropriate,
  459  to serve on the board. Members of the board shall serve at the
  460  pleasure of the director of the Office of Drug Control. The
  461  director shall provide guidance to members of the board to
  462  ensure that moneys received by the direct-support organization
  463  are not received from inappropriate sources. Inappropriate
  464  sources include, but are not limited to, donors, grantors,
  465  persons, or organizations that may monetarily or substantively
  466  benefit from the purchase of goods or services by the department
  467  in furtherance of the prescription drug validation program.
  468         (d)The direct-support organization shall operate under
  469  written contract with the Office of Drug Control. The contract
  470  must, at a minimum, provide for:
  471         1.Approval of the articles of incorporation and bylaws of
  472  the direct-support organization by the Office of Drug Control.
  473         2.Submission of an annual budget for the approval of the
  474  Office of Drug Control.
  475         3.Certification by the Office of Drug Control in
  476  consultation with the department that the direct-support
  477  organization is complying with the terms of the contract in a
  478  manner consistent with and in furtherance of the goals and
  479  purposes of the prescription drug validation program and in the
  480  best interests of the state. Such certification must be made
  481  annually and reported in the official minutes of a meeting of
  482  the direct-support organization.
  483         4.The reversion, without penalty, to the Office of Drug
  484  Control, or to the state if the Office of Drug Control ceases to
  485  exist, of all moneys and property held in trust by the direct
  486  support organization for the benefit of the prescription drug
  487  validation program if the direct-support organization ceases to
  488  exist or if the contract is terminated.
  489         5.The fiscal year of the direct-support organization,
  490  which must begin July 1 of each year and end June 30 of the
  491  following year.
  492         6.The disclosure of the material provisions of the
  493  contract to donors of gifts, contributions, or bequests,
  494  including such disclosure on all promotional and fundraising
  495  publications, and an explanation to such donors of the
  496  distinction between the Office of Drug Control and the direct
  497  support organization.
  498         7.The direct-support organization’s collecting, expending,
  499  and providing of funds to the department for the development,
  500  implementation, and operation of the prescription drug
  501  validation program as described in subsections (2), (3), and
  502  (4). The direct-support organization may collect and expend
  503  funds to be used for the functions of the direct-support
  504  organization’s board of directors, as necessary and approved by
  505  the director of the Office of Drug Control. In addition, the
  506  direct-support organization may collect and provide funding to
  507  the department in furtherance of the prescription drug
  508  validation program by:
  509         a.Establishing and administering the prescription drug
  510  validation program’s electronic database, including hardware,
  511  software, and personnel.
  512         b.Conducting studies on the efficiency and effectiveness
  513  of the program.
  514         c.Providing funds for future enhancements of the program
  515  within the intent of this section.
  516         d.Providing user training of the prescription drug
  517  validation program, including distribution of materials to
  518  promote public awareness and education and conducting workshops
  519  or other meetings, for health care practitioners, pharmacists,
  520  and others as appropriate.
  521         e.Providing funds for travel expenses.
  522         f.Providing funds for administrative costs, including
  523  personnel, audits, facilities, and equipment.
  524         g.Fulfilling all other requirements necessary to implement
  525  and operate the program as outlined in this section.
  526         (e)The activities of the direct-support organization must
  527  be consistent with the goals and mission of the Office of Drug
  528  Control, as determined by the office in consultation with the
  529  department, and in the best interests of the state. The direct
  530  support organization must obtain a written approval from the
  531  director of the Office of Drug Control for any activities in
  532  support of the prescription drug validation program before
  533  undertaking those activities.
  534         (f)The Office of Drug Control, in consultation with the
  535  department, may permit, without charge, appropriate use of
  536  administrative services, property, and facilities of the Office
  537  of Drug Control and the department by the direct-support
  538  organization, subject to this section. The use must be directly
  539  in keeping with the approved purposes of the direct-support
  540  organization and may not be made at times or places that would
  541  unreasonably interfere with opportunities for the public to use
  542  such facilities for established purposes. Any moneys received
  543  from rentals of facilities and properties managed by the Office
  544  of Drug Control and the department may be held by the Office of
  545  Drug Control or in a separate depository account in the name of
  546  the direct-support organization and subject to the provisions of
  547  the letter of agreement with the Office of Drug Control. The
  548  letter of agreement must provide that any funds held in the
  549  separate depository account in the name of the direct-support
  550  organization must revert to the Office of Drug Control if the
  551  direct-support organization is no longer approved by the Office
  552  of Drug Control to operate in the best interests of the state.
  553         (g)The Office of Drug Control, in consultation with the
  554  department, may adopt requirements with which a direct-support
  555  organization must comply in order to use administrative
  556  services, property, or facilities of the department or office.
  557         (h)The Office of Drug Control may not permit the use of
  558  any administrative services, property, or facilities of the
  559  state by a direct-support organization if that organization does
  560  not provide equal membership and employment opportunities to all
  561  persons regardless of race, color, religion, gender, age, or
  562  national origin.
  563         (i)The direct-support organization shall provide for an
  564  independent annual financial audit in accordance with s.
  565  215.981. Copies of the audit shall be provided to the Office of
  566  Drug Control and the Office of Policy and Budget in the
  567  Executive Office of the Governor.
  568         (j)The direct-support organization may not exercise any
  569  power under s. 617.0302(12) or (16).
  570         (12)A prescriber or dispenser may have access to the
  571  information under this section which relates to a patient of
  572  that prescriber or dispenser for the purpose of reviewing the
  573  patient’s controlled drug prescription history to ensure a
  574  proper standard of care. A prescriber or dispenser acting in
  575  good faith is immune from any civil, criminal, or administrative
  576  liability that might otherwise be incurred or imposed for
  577  receiving or using information from the prescription drug
  578  validation program. This subsection does not create a private
  579  cause of action, and a person may not recover damages against a
  580  prescriber or dispenser authorized to access information under
  581  this subsection for accessing or failing to access such
  582  information.
  583         (13)To the extent that funding is provided for such
  584  purpose through federal or private grants or gifts and other
  585  types of available moneys, the department, in collaboration with
  586  the Office of Drug Control, shall study the feasibility of
  587  enhancing the prescription drug validation program for the
  588  purposes of public health initiatives and statistical reporting
  589  that respects the privacy of the patient, the prescriber, and
  590  the dispenser. Such a study shall be conducted in order to
  591  further improve the quality of health care services and safety
  592  by improving prescription drug prescribing practices, taking
  593  advantage of advances in technology, reducing duplicative
  594  prescriptions and the overprescribing of prescription drugs, and
  595  reducing drug abuse. In addition, the direct-support
  596  organization shall provide funding for the department, in
  597  collaboration with the Office of Drug Control, to conduct
  598  training for health care practitioners and other appropriate
  599  persons in using the validation program to support the program
  600  enhancements.
  601         (14)A pharmacist, pharmacy, or dispensing health care
  602  practitioner or his or her agent, before releasing a controlled
  603  substance to any person not known to such dispenser, shall
  604  require the person purchasing, receiving, or otherwise acquiring
  605  the controlled substance to present valid photographic
  606  identification or other verification of his or her identity to
  607  the dispenser. If the person does not have proper
  608  identification, the dispenser may verify the validity of the
  609  prescription and the identity of the patient with the prescriber
  610  or his or her authorized agent, or by a method determined by the
  611  department, before dispensing the controlled substance. The
  612  person purchasing, receiving, or otherwise acquiring the
  613  controlled substance need not be the specific patient to whom
  614  the prescription is prescribed. A record may be maintained for 2
  615  years of the person acquiring the controlled substance, which
  616  record shall include the person’s name and signature using the
  617  proper identification. This subsection does not apply in an
  618  institutional setting or to a long-term care facility,
  619  including, but not limited to, an assisted living facility or a
  620  hospital to which patients are admitted. As used in this
  621  subsection, the term “proper identification” means a government
  622  issued identification containing the person’s photograph,
  623  printed name, and signature.
  624         (15)The Agency for Health Care Administration shall
  625  continue the implementation of electronic prescribing by health
  626  care practitioners, health care facilities, and pharmacies under
  627  s. 408.061 and the electronic prescribing clearinghouse
  628  collaboration with the private sector under s. 408.0611.
  629         (16)By October 1, 2010, the department shall adopt rules
  630  pursuant to ss. 120.536(1) and 120.54 to administer the
  631  provisions of this section.
  632         Section 2. (1)The Program Implementation and Oversight
  633  Task Force is created within the Executive Office of the
  634  Governor. The director of the Office of Drug Control shall be a
  635  nonvoting, ex officio member of the task force and shall act as
  636  chair. The Office of Drug Control and the Department of Health
  637  shall provide staff support for the task force.
  638         (a)The following state officials shall serve on the task
  639  force:
  640         1.The Attorney General or his or her designee.
  641         2.The Secretary of Children and Family Services or his or
  642  her designee.
  643         3.The Secretary of Health Care Administration or his or
  644  her designee.
  645         4.The State Surgeon General or his or her designee.
  646         (b)In addition, the Governor shall appoint 10 members of
  647  the public to serve on the task force. Of these 10 appointed
  648  members, one member must have professional or occupational
  649  expertise in computer security; one member must be a Florida
  650  licensed, board-certified oncologist; two members must be
  651  Florida-licensed, board-certified, fellowship-trained physicians
  652  who have experience in pain management; one member must have
  653  professional or occupational expertise in e-Prescribing or
  654  prescription drug validation programs; one member must be a
  655  Florida-licensed pharmacist; one member must have professional
  656  or occupational expertise in the area of law enforcement and
  657  have experience in prescription drug investigations; one member
  658  must have professional or occupational expertise as an
  659  epidemiologist and have a background in tracking and analyzing
  660  drug trends; and two members must have professional or
  661  occupational expertise as providers of substance abuse
  662  treatment, with priority given to a member who is a former
  663  substance abuser.
  664         (c)Members appointed by the Governor shall be appointed to
  665  a term of 3 years each. Any vacancy on the task force shall be
  666  filled in the same manner as the original appointment, and any
  667  member appointed to fill a vacancy shall serve only for the
  668  unexpired term of the member’s predecessor.
  669         (d)Members of the task force and members of subcommittees
  670  appointed under subsection (4) shall serve without compensation,
  671  but are entitled to reimbursement for per diem and travel
  672  expenses as provided in s. 112.061, Florida Statutes.
  673         (e)The task force shall meet at least quarterly or upon
  674  the call of the chair.
  675         (2)The purpose of the task force is to monitor the
  676  implementation and safeguarding of the electronic system
  677  established for the prescription drug validation program under
  678  s. 893.055, Florida Statutes, and to ensure privacy, protection
  679  of individual medication history, and the electronic system’s
  680  appropriate use by physicians, dispensers, pharmacies, law
  681  enforcement agencies, and those authorized to request
  682  information from the electronic system.
  683         (3)The Office of Drug Control shall submit a report to the
  684  Governor, the President of the Senate, and the Speaker of the
  685  House of Representatives by December 1 of each year which
  686  contains a summary of the work of the task force during that
  687  year and the recommendations developed in accordance with the
  688  task force’s purpose as provided in subsection (2). Interim
  689  reports may be submitted at the discretion of the chair.
  690         (4)The chair of the task force may appoint subcommittees
  691  that include members of state agencies that are not represented
  692  on the task force for the purpose of soliciting input and
  693  recommendations from those state agencies as needed by the task
  694  force to accomplish its purpose as provided in subsection (2).
  695  In addition, the chair may appoint subcommittees as necessary
  696  from among the members of the task force in order to efficiently
  697  address specific issues. If a state agency is to be represented
  698  on any subcommittee, the representative shall be the head of the
  699  agency or his or her designee. The chair may designate lead and
  700  contributing agencies within a subcommittee.
  701         (5)The task force shall provide a final report in
  702  accordance with the task force’s purpose as provided in
  703  subsection (2) on July 1, 2012, to the Governor, the President
  704  of the Senate, and the Speaker of the House of Representatives.
  705  Such report shall be prepared using only data that does not
  706  identify a patient or dispenser. The task force shall expire and
  707  this section is repealed on that date unless reenacted by the
  708  Legislature.
  709         Section 3. Subsections (4) is added to section 458.309,
  710  Florida Statutes, to read:
  711         458.309 Rulemaking authority.—
  712         (4)(a)Each physician who practices in a privately owned
  713  pain-management facility and who primarily engages in the
  714  treatment of pain by prescribing narcotic medications or
  715  controlled substance medications shall register the facility
  716  with the department unless it is licensed as a facility under
  717  chapter 395. The department shall inspect the facility annually
  718  to ensure that it complies with board rules adopted by the board
  719  pursuant to paragraph (b) unless the facility is accredited by a
  720  nationally recognized accrediting agency approved by the board.
  721  The actual costs for registration and inspection or
  722  accreditation shall be paid by the physician seeking to register
  723  the facility. For the purposes of this subsection, a physician
  724  is primarily engaged in the treatment of pain by prescribing
  725  controlled substance medications when the majority of patients
  726  seen on any day the facility is open are issued controlled
  727  substance prescriptions for the treatment of nonmalignant pain.
  728         (b)The board shall adopt rules setting forth standards of
  729  practice for physicians who practice in privately owned pain
  730  management facilities and who primarily engage in the treatment
  731  of pain by prescribing controlled substance medications. These
  732  rules shall address, but need not be limited to, the following
  733  subjects:
  734         1.Facility operations.
  735         2.Physical operations.
  736         3.Infection control requirements.
  737         4.Health and safety requirements.
  738         5.Quality assurance requirements.
  739         6.Patient records.
  740         7.Training requirements for all facility health care
  741  practitioners.
  742         8.Inspections.
  743         Section 4. Subsections (3) is added to section 459.005,
  744  Florida Statutes, to read:
  745         459.005 Rulemaking authority.—
  746         (3)(a)Each osteopathic physician who practices in a
  747  privately owned pain-management facility and who primarily
  748  engages in the treatment of pain by prescribing narcotic
  749  medications or controlled substance medications shall register
  750  the facility with the department unless the facility is licensed
  751  as a facility under chapter 395. The department shall inspect
  752  the facility annually to ensure that it complies with board
  753  rules adopted by the board pursuant to paragraph (b) unless the
  754  facility is accredited by a nationally recognized accrediting
  755  agency approved by the board. The actual costs for registration
  756  and inspection or accreditation shall be paid by the physician
  757  seeking to register the facility. For the purposes of this
  758  subsection, an osteopathic physician is primarily engaged in the
  759  treatment of pain by prescribing controlled substance
  760  medications when the majority of patients seen on any day the
  761  facility is open are issued controlled substance prescriptions
  762  for the treatment of nonmalignant pain.
  763         (b)The board shall adopt rules setting forth standards of
  764  practice for osteopathic physicians who practice in privately
  765  owned pain-management facilities and who primarily engage in the
  766  treatment of pain by prescribing controlled substance
  767  medications. These rules shall address, but need not be limited
  768  to, the following subjects:
  769         1.Facility operations.
  770         2.Physical operations.
  771         3.Infection control requirements.
  772         4.Health and safety requirements.
  773         5.Quality assurance requirements.
  774         6.Patient records.
  775         7.Training requirements for all facility health care
  776  practitioners.
  777         8.Inspections.
  778         Section 5. This act shall take effect July 1, 2009.