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: 161 893.055 Prescription 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.