Florida Senate - 2009 CS for CS for CS for SB 462 By the Committees on Governmental Oversight and Accountability; Judiciary; and Health Regulation; and Senator Fasano 585-03922-09 2009462c3 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 database system to monitor the prescribing 6 and dispensing of certain controlled substances; 7 requiring specified prescribing and dispensing 8 information to be reported to the electronic database 9 system; requiring the department, in conjunction with 10 specified organizations, to adopt by rule a 11 reasonable-person standard appropriate for the 12 prescription drug monitoring program; providing 13 reporting requirements; providing a reporting period; 14 providing exemptions from participation in the system; 15 authorizing the department to establish when to 16 suspend and when to resume reporting requirements 17 during declared emergencies; requiring all nonexempt, 18 dispensing pharmacists and practitioners to submit 19 information in a specified format; providing that the 20 cost to the dispenser in submitting the required 21 information may not be material or extraordinary; 22 specifying costs that are not material or 23 extraordinary; providing access to information 24 reported to the system under certain circumstances; 25 providing for the use of data for specified purposes; 26 providing requirements for verification of information 27 requested; requiring data transmission to comply with 28 state and federal privacy and security laws; 29 authorizing an agency or person to maintain the data 30 for a specified period if the data is pertinent to 31 ongoing health care or an active law enforcement 32 investigation or prosecution; requiring the annual 33 reporting of certain performance measures to the 34 Governor and Legislature; providing performance 35 measure criteria; providing criminal penalties for 36 violations; requiring that all costs incurred by the 37 department for the program be funded through federal 38 grants or available private funding sources; providing 39 requirements for seeking funding and procuring goods 40 or services; authorizing the Office of Drug Control, 41 in coordination with the department, to establish a 42 direct-support organization; providing a definition; 43 providing for a board of directors appointed by the 44 director of the office; requiring the director to 45 provide guidance to the board regarding acceptance of 46 moneys from appropriate sources; requiring the direct 47 support organization to operate under written contract 48 with the office; providing contract requirements; 49 providing requirements for the direct-support 50 organization’s collecting, expending, and providing of 51 funds; requiring department approval of activities of 52 the direct-support organization; authorizing the 53 office to adopt rules for the use of certain 54 facilities and services; providing for audits; 55 prohibiting the direct-support organization from 56 exercising certain powers; establishing that a 57 prescriber or dispenser is not liable for good faith 58 use of the department-provided controlled substance 59 prescription information of a patient; requiring the 60 department, in collaboration with the office, to study 61 the feasibility of enhancing the prescription drug 62 monitoring program for specified purposes to the 63 extent that funding is provided for such purpose; 64 requiring certain persons to present specified 65 identification in order to obtain controlled 66 substances; providing for recordkeeping for certain 67 transactions; requiring the Agency for Health Care 68 Administration to continue implementation of 69 electronic prescribing and an electronic prescribing 70 clearinghouse; requiring the department to adopt 71 rules; establishing a Program Implementation and 72 Oversight Task Force; providing for membership; 73 providing for reimbursement of certain member 74 expenses; providing for meetings; providing the 75 purpose of the task force; requiring reports to the 76 Governor and Legislature; providing for the creation, 77 membership, and duties of subcommittees; providing for 78 a final report and the termination of the task force; 79 amending ss. 458.309 and 459.005, F.S.; requiring 80 certain physicians who engage in pain management to 81 register their clinics with the department; requiring 82 the department to inspect each facility; providing for 83 exceptions; requiring the physician seeking to 84 register the clinic to pay the costs of registration 85 and inspection or accreditation; requiring the Board 86 of Medicine and the Board of Osteopathic Medicine to 87 adopt rules setting forth standards of practice for 88 certain physicians who engage in pain management; 89 providing criteria for the rules; providing an 90 effective date. 91 92 WHEREAS, as has been advocated by numerous pain management 93 experts, addiction medicine experts, pharmacists, and law 94 enforcement personnel, a prescription drug monitoring program 95 that provides for reporting and advisory information and other 96 specified information is established pursuant to this act to 97 serve as a means to promote the public health and welfare and to 98 detect and prevent controlled substance abuse and diversion, and 99 WHEREAS, while the importance and necessity of the proper 100 prescribing, dispensing, and monitoring of controlled 101 substances, particularly pain medication, have been established, 102 controlled prescription drugs are too often diverted in this 103 state, often through fraudulent means, including outright theft, 104 phony pharmacy fronts, loose Internet medical evaluations, and 105 inappropriate importation; in addition, there is a criminal 106 element that facilitates the prescription drug abuse epidemic 107 through illegal profitmaking from the diversion of certain 108 controlled substances that are prescribed or dispensed by 109 physicians, health care practitioners, and pharmacists, and 110 WHEREAS, in 2007, 8,620 drug-related deaths occurred in 111 this state, 3,159 of which were caused by prescription drugs, an 112 average of nearly 9 Floridians dying each day from prescription 113 drugs; Schedule IV benzodiazepines, such as Xanax and Valium, 114 were found to be present in more drug-related deaths than 115 cocaine; and opiate pain medications were found to be 116 contributing to the increasing numbers of drug-related deaths, 117 and 118 WHEREAS, pharmaceutical drug diversion hurts this state 119 significantly in terms of lost lives, increased crime, human 120 misery from addiction, and ballooning health care costs 121 connected to treatment, medical expenses, and Medicaid fraud 122 that all Floridians ultimately bear, and 123 WHEREAS, the intent of this act is not to interfere with 124 the legitimate medical use of controlled substances; however, 125 the people of this state are in need of and will benefit from a 126 secure and privacy-protected statewide electronic system of 127 specified prescription drug medication information created 128 primarily to encourage safer controlled substance prescription 129 decisions that reduce the number of prescription drug overdoses 130 and the number of drug overdose deaths; to educate and inform 131 health care practitioners and provide an added tool in patient 132 care, including appropriate treatment for patients who have 133 become addicted; to guide public health initiatives to educate 134 the population on the dangers of misusing prescription drugs; to 135 prevent the abuse or diversion of prescribed controlled 136 substances; and to ensure that those who need prescribed 137 controlled substances receive them in a manner that protects 138 patient confidentiality, and 139 WHEREAS, while certain medicines are very helpful if 140 properly prescribed to a patient in need and then used as 141 prescribed, they may be dangerous or even deadly if improperly 142 dispensed, misused, or diverted, and 143 WHEREAS, it is the intent of the Legislature to encourage 144 patient safety, responsible pain management, and proper access 145 to useful prescription drugs that are prescribed by a 146 knowledgeable, properly licensed health care practitioner who 147 dispenses prescription drugs and that are dispensed by a 148 pharmacist who is made aware of the patient’s prescription drug 149 medication history, thus preventing, in some cases, an abuse or 150 addiction problem from developing or worsening, making such a 151 problem possible or easier to identify, and facilitating the 152 order of appropriate medical treatment or referral, and 153 WHEREAS, such an electronic system will also aid 154 administrative and law enforcement agencies in an active and 155 ongoing controlled substance-related investigation and will 156 allow decisions and recommendations for pursuing appropriate 157 administrative or criminal actions while maintaining such 158 information for any such investigation with a reasonable, good 159 faith anticipation of securing an arrest or prosecution in the 160 foreseeable future, and 161 WHEREAS, a Program Implementation and Oversight Task Force 162 will provide information to the Governor and Legislature 163 regarding the implementation of the program and ensure that 164 privacy and confidentiality of the patient’s prescription 165 history is respected, NOW, THEREFORE, 166 167 Be It Enacted by the Legislature of the State of Florida: 168 169 Section 1. Section 893.055, Florida Statutes, is created to 170 read: 171 893.055 Prescription drug monitoring program.— 172 (1) As used in this section, the term: 173 (a) “Advisory report” means information provided by the 174 department in writing, or as determined by the department, to a 175 prescriber, dispenser, pharmacy, or patient concerning the 176 dispensing of controlled substances. All advisory reports are 177 for informational purposes only and impose no obligations of any 178 nature or any legal duty on a prescriber, dispenser, pharmacy, 179 or patient. The advisory reports issued by the department are 180 not subject to discovery or introduction into evidence in any 181 civil or administrative action against a prescriber, dispenser, 182 pharmacy, or patient arising out of matters that are the subject 183 of the report, and a person who participates in preparing, 184 reviewing, issuing, or other activity related to an advisory 185 report may not be permitted or required to testify in any such 186 civil action as to any findings, recommendations, evaluations, 187 opinions, or other actions taken in connection with preparing, 188 reviewing, or issuing such a report. 189 (b) “Controlled substance” means a controlled substance 190 listed in Schedule II, Schedule III, or Schedule IV in s. 191 893.03. 192 (c) “Dispenser” means a dispensing pharmacist or dispensing 193 health care practitioner. 194 (d) “Health care practitioner” or “practitioner” means any 195 practitioner who is subject to licensure or regulation by the 196 department under chapter 458, chapter 459, chapter 461, chapter 197 462, chapter 464, chapter 465, or chapter 466. 198 (e) “Health care regulatory board” means any board for a 199 practitioner or health care practitioner who is licensed or 200 regulated by the department. 201 (f) “Pharmacy” means any pharmacy that is subject to 202 licensure or regulation by the department under chapter 465 and 203 that dispenses or delivers a controlled substance to an 204 individual or address in this state. 205 (g) “Prescriber” means a prescribing physician, prescribing 206 practitioner, or other prescribing health care practitioner. 207 (2)(a) By December 1, 2010, the department shall design and 208 establish a comprehensive electronic database system that has 209 controlled substance prescriptions provided to it and that 210 provides prescription information to a patient’s health care 211 practitioner and pharmacist who inform the department that they 212 wish the patient advisory report provided to them. Otherwise, 213 the patient advisory report will not be sent to the 214 practitioner, pharmacy, or pharmacist. The system shall be 215 designed to provide information regarding dispensed 216 prescriptions of controlled substances and shall not infringe 217 upon the legitimate prescribing or dispensing of a controlled 218 substance by a prescriber or dispenser acting in good faith and 219 in the course of professional practice. The system shall be 220 consistent with standards of the American Society for Automation 221 in Pharmacy (ASAP). The electronic system shall also comply with 222 the Health Insurance Portability and Accountability Act (HIPAA) 223 as it pertains to protected health information (PHI), electronic 224 protected health information (EPHI), and all other relevant 225 state and federal privacy and security laws and regulations. The 226 reporting of prescribed controlled substances shall include a 227 dispensing transaction with a dispenser pursuant to chapter 465 228 or through a dispensing transaction with a pharmacy that is not 229 located in this state but who is otherwise subject to the 230 jurisdiction of this state as to that dispensing transaction. 231 The reporting of patient advisories only refers to reports to 232 pharmacists and practitioners. Separate reports that have 233 patient prescription history information that are not patient 234 advisory reports are provided to persons and entities as 235 authorized in paragraphs (7)(b) and (c) and s. 893.0551. 236 (b) The department shall adopt rules as necessary 237 concerning the reporting, accessing, evaluation, management, 238 development, implementation, operation, and storage of 239 information within the system, including rules for when patient 240 advisory reports and patient information is provided to 241 pharmacies, prescribers, and health care practitioners and rules 242 for when health care regulatory boards, law enforcement 243 agencies, and other persons or organizations authorized in this 244 section and s. 893.0551 are provided patient prescription 245 history information from the database unless provision of such 246 information is otherwise described in this section. Such rules 247 shall be developed with a reasonable-person standard for 248 controlled prescription drug dispensers, prescribers, and 249 patients. The department shall work with the professional health 250 care licensure boards, such as the Board of Medicine, the Board 251 of Osteopathic Medicine, and the Board of Pharmacy; other 252 appropriate organizations, such as the Florida Pharmacy 253 Association, the Florida Medical Association, and the Florida 254 Osteopathic Medical Association, including those relating to 255 pain management; and the Attorney General, the Department of Law 256 Enforcement, and the Agency for Health Care Administration, to 257 develop the reasonable-person standard for rules appropriate for 258 the prescription drug monitoring program. 259 (c) All dispensers and prescribers subject to these 260 reporting requirements shall be notified by the department of 261 the implementation date for such reporting requirements. 262 (3) The pharmacy dispensing the controlled substance and 263 each prescriber who directly dispenses a controlled substance 264 shall submit to the electronic system, by a procedure and in a 265 format established by the department and consistent with an 266 ASAP-approved format, the following information for inclusion in 267 the database: 268 (a) The name of the prescribing practitioner, the 269 practitioner’s federal Drug Enforcement Administration 270 registration number, the practitioner’s National Provider 271 Identification (NPI) or other appropriate identifier, and the 272 date of the prescription. 273 (b) The date the prescription was filled and the method of 274 payment, such as cash by an individual or insurance through a 275 third party. This paragraph does not authorize the department to 276 include individual credit card or other account numbers in the 277 database. 278 (c) The full name, address, and date of birth of the person 279 for whom the prescription was written. 280 (d) The name, national drug code, quantity, and strength of 281 the controlled substance dispensed. 282 (e) The full name and address of the pharmacy or other 283 location from which the controlled substance was dispensed. 284 (f) The name of the pharmacy or practitioner other than a 285 pharmacist, dispensing the controlled substance and the 286 practitioner’s National Provider Identification (NPI). 287 (g) Other appropriate identifying information as determined 288 by department rule. 289 (4) Each time a controlled substance is dispensed to an 290 individual, the controlled substance shall be reported to the 291 department through the system as soon thereafter as possible, 292 but not more than 15 days after the date the controlled 293 substance is dispensed unless an extension is approved by the 294 department for cause as determined by rule. A dispenser must 295 meet the reporting requirements of this section by providing the 296 required information concerning each controlled substance that 297 it dispensed in a department-approved, secure methodology and 298 format. Such approved formats may include, but are not limited 299 to, submission via the Internet, on a disc, or by use of regular 300 mail. 301 (5) The following are exempt from this section when 302 administering or dispensing a controlled substance: 303 (a) A health care practitioner administering a controlled 304 substance directly to a patient if the amount of the controlled 305 substance is adequate to treat the patient during that 306 particular treatment session. 307 (b) A pharmacist or health care practitioner administering 308 a controlled substance to a patient or resident receiving care 309 as a patient at a hospital, nursing home, ambulatory surgical 310 center, hospice, or intermediate care facility for the 311 developmentally disabled which is licensed in this state. 312 (c) A practitioner administering a controlled substance in 313 the health care system of the Department of Corrections. 314 (d) A practitioner administering a controlled substance in 315 the emergency room of a licensed hospital. 316 (e) A health care practitioner administering or dispensing 317 a controlled substance to a person under the age of 16. 318 (f) A pharmacist or a dispensing practitioner dispensing a 319 one-time, 72-hour emergency resupply of a controlled substance 320 to a patient. 321 (6) The department may establish when to suspend and when 322 to resume reporting information during a state-declared or 323 nationally declared disaster. 324 (7)(a) A practitioner or pharmacist who dispenses a 325 controlled substance must submit the information required by 326 this section in an electronic or other method in an ASAP format 327 approved by rule of the department unless otherwise provided in 328 this section. The cost to the dispenser in submitting the 329 information required by this section may not be material or 330 extraordinary. Costs not considered to be material or 331 extraordinary include, but are not limited to, regular postage, 332 electronic media, regular electronic mail, and facsimile 333 charges. 334 (b) A pharmacy, prescriber, or dispenser shall have direct 335 access to information in the prescription drug monitoring 336 program’s database which relates to a patient of that pharmacy, 337 prescriber, or dispenser in a manner established by the 338 department as needed for the purpose of reviewing the patient’s 339 controlled substance prescription history. Other access to the 340 program’s database shall be limited to the program’s manager and 341 to the designated program and support staff, who may act only at 342 the direction of the program manager or in the absence of the 343 program manager. Access by the program manager or such 344 designated staff is for prescription drug program management 345 only or for management of the program’s database and its system 346 in support of the requirements of this section and in 347 furtherance of the prescription drug monitoring program. 348 Confidential and exempt information in the database shall be 349 released only as provided in paragraph (c) and s. 893.0551. 350 (c) The following entities shall not be allowed direct 351 access to information in the prescription drug monitoring 352 program database but may request from the program manager and, 353 when authorized by the program manager, the program manager’s 354 program and support staff, information that is confidential and 355 exempt under s. 893.0551. Prior to release, the request shall be 356 verified as authentic and authorized with the requesting 357 organization by the program manager, the program manager’s 358 program and support staff, or as determined in rules by the 359 department as being authentic and as having been authorized by 360 the requesting entity: 361 1. The department’s relevant health care regulatory boards 362 responsible for the licensure, regulation, or discipline of 363 practitioners, pharmacists, or other persons who are authorized 364 to prescribe, administer, or dispense controlled substances and 365 who are involved in a specific controlled substance 366 investigation involving a designated person for one or more 367 prescribed controlled substances. 368 2. The Attorney General for Medicaid fraud cases involving 369 prescribed controlled substances. 370 3. A law enforcement agency, as described in s. 371 893.0551(2)(c), during ongoing investigations as provided in s. 372 893.07 or during active investigations as defined in s. 119.011 373 regarding potential criminal activity, fraud, or theft regarding 374 prescribed controlled substances. The database information is 375 available only for criminal cases. 376 4. A patient or the legal guardian or designated health 377 care surrogate of an incapacitated patient as described in s. 378 893.0551 who, for the purpose of verifying the accuracy of the 379 database information, submits a written and notarized request 380 that includes the patient’s full name, address, and date of 381 birth, and includes the same information if the legal guardian 382 or health care surrogate submits the request. The request shall 383 be validated by the department to verify the identity of the 384 patient and the legal guardian or health care surrogate, if the 385 patient’s legal guardian or health care surrogate is the 386 requestor. Such verification is also required for any request to 387 change a patient’s prescription history or other information 388 related to his or her information in the electronic database. 389 (d) The following entities shall not be allowed direct 390 access to information in the prescription drug monitoring 391 program database but may request from the program manager and, 392 when authorized by the program manager, the program manager’s 393 program and support staff, information that contains no 394 identifying information of any patient, physician, health care 395 practitioner, prescriber, or dispenser and that is not 396 confidential and exempt: 397 1. Department staff for the purpose of calculating 398 performance measures pursuant to subsection (8). 399 2. The Program Implementation and Oversight Task Force for 400 its reporting to the Governor, the President of the Senate, and 401 the Speaker of the House of Representatives regarding the 402 prescription drug monitoring program. This subparagraph expires 403 July 1, 2012. 404 (e) All transmissions of data required by this section must 405 comply with relevant state and federal privacy and security laws 406 and regulations. However, any authorized agency or person under 407 s. 893.0551 receiving such information as allowed by s. 893.0551 408 may maintain the information received for up to 24 months before 409 purging it from his or her records or maintain it for longer 410 than 24 months if the information is pertinent to ongoing health 411 care or an active law enforcement investigation or prosecution. 412 (8) To assist in fulfilling program responsibilities, 413 performance measures shall be reported annually to the Governor, 414 the President of the Senate, and the Speaker of the House of 415 Representatives by the department each December 1, beginning in 416 2011. Data that does not contain patient, physician, health care 417 practitioner, prescriber, or dispenser identifying information 418 may be requested during the year by department employees so that 419 the department may undertake public health care and safety 420 initiatives that take advantage of observed trends. Performance 421 measures may include, but are not limited to, efforts to achieve 422 the following outcomes: 423 (a) Reduction of the rate of inappropriate use of 424 prescription drugs through department education and safety 425 efforts. 426 (b) Reduction of the quantity of pharmaceutical controlled 427 substances obtained by individuals attempting to engage in fraud 428 and deceit. 429 (c) Increased coordination among partners participating in 430 prescription drug monitoring program. 431 (d) Involvement of stakeholders in achieving improved 432 patient health care and safety and reduction of prescription 433 drug abuse and prescription drug diversion. 434 (9) Any person who willfully and knowingly fails to report 435 the dispensing of a controlled substance as required by this 436 section commits a misdemeanor of the first degree, punishable as 437 provided in s. 775.082 or s. 775.083. 438 (10) All costs incurred by the department in administering 439 the prescription drug monitoring program shall be funded through 440 federal grants or private funding applied for or received by the 441 state. The department may not commit funds for the monitoring 442 program without ensuring funding is available. The prescription 443 drug monitoring program and the implementation thereof are 444 contingent upon receipt of the nonstate funding. The department 445 and state government shall cooperate with the direct-support 446 organization established pursuant to subsection (11) in seeking 447 federal grant funds, other nonstate grant funds, gifts, 448 donations, or other private moneys for the department so long as 449 the costs of doing so are not considered material. Nonmaterial 450 costs for this purpose include, but are not limited to, the 451 costs of mailing and personnel assigned to research or apply for 452 a grant. Notwithstanding the exemptions to competitive 453 solicitation requirements under s. 287.057(5)(f), the department 454 shall comply with the competitive-solicitation requirements 455 under s. 287.057 for the procurement of any goods or services 456 required by this section. 457 (11) The Office of Drug Control, in coordination with the 458 department, may establish a direct-support organization that has 459 a board consisting of at least five members to provide 460 assistance, funding, and promotional support for the activities 461 authorized for the prescription drug monitoring program. 462 (a) As used in this subsection, the term “direct-support 463 organization” means an organization that is: 464 1. A Florida corporation not for profit incorporated under 465 chapter 617, exempted from filing fees, and approved by the 466 Department of State. 467 2. Organized and operated to conduct programs and 468 activities; raise funds; request and receive grants, gifts, and 469 bequests of money; acquire, receive, hold, and invest, in its 470 own name, securities, funds, objects of value, or other 471 property, either real or personal; and make expenditures to or 472 for the direct or indirect benefit of the department in the 473 furtherance of the prescription drug monitoring program. 474 (b) The direct-support organization is not considered a 475 lobbying firm within the meaning of s. 11.045. 476 (c) The director of the Office of Drug Control shall 477 appoint a board of directors for the direct-support 478 organization. The director may designate employees of the Office 479 of Drug Control, state employees other than state employees from 480 the department, and any other nonstate employees as appropriate, 481 to serve on the board. Members of the board shall serve at the 482 pleasure of the director of the Office of Drug Control. The 483 director shall provide guidance to members of the board to 484 ensure that moneys received by the direct-support organization 485 are not received from inappropriate sources. Inappropriate 486 sources include, but are not limited to, donors, grantors, 487 persons, or organizations that may monetarily or substantively 488 benefit from the purchase of goods or services by the department 489 in furtherance of the prescription drug monitoring program. 490 (d) The direct-support organization shall operate under 491 written contract with the Office of Drug Control. The contract 492 must, at a minimum, provide for: 493 1. Approval of the articles of incorporation and bylaws of 494 the direct-support organization by the Office of Drug Control. 495 2. Submission of an annual budget for the approval of the 496 Office of Drug Control. 497 3. Certification by the Office of Drug Control in 498 consultation with the department that the direct-support 499 organization is complying with the terms of the contract in a 500 manner consistent with and in furtherance of the goals and 501 purposes of the prescription drug monitoring program and in the 502 best interests of the state. Such certification must be made 503 annually and reported in the official minutes of a meeting of 504 the direct-support organization. 505 4. The reversion, without penalty, to the Office of Drug 506 Control, or to the state if the Office of Drug Control ceases to 507 exist, of all moneys and property held in trust by the direct 508 support organization for the benefit of the prescription drug 509 monitoring program if the direct-support organization ceases to 510 exist or if the contract is terminated. 511 5. The fiscal year of the direct-support organization, 512 which must begin July 1 of each year and end June 30 of the 513 following year. 514 6. The disclosure of the material provisions of the 515 contract to donors of gifts, contributions, or bequests, 516 including such disclosure on all promotional and fundraising 517 publications, and an explanation to such donors of the 518 distinction between the Office of Drug Control and the direct 519 support organization. 520 7. The direct-support organization’s collecting, expending, 521 and providing of funds to the department for the development, 522 implementation, and operation of the prescription drug 523 monitoring program as described in subsections (2), (3), and 524 (4). The direct-support organization may collect and expend 525 funds to be used for the functions of the direct-support 526 organization’s board of directors, as necessary and approved by 527 the director of the Office of Drug Control. In addition, the 528 direct-support organization may collect and provide funding to 529 the department in furtherance of the prescription drug 530 monitoring program by: 531 a. Establishing and administering the prescription drug 532 monitoring program’s electronic database, including hardware, 533 software, and personnel. 534 b. Conducting studies on the efficiency and effectiveness 535 of the program. 536 c. Providing funds for future enhancements of the program 537 within the intent of this section. 538 d. Providing user training of the prescription drug 539 monitoring program, including distribution of materials to 540 promote public awareness and education and conducting workshops 541 or other meetings, for health care practitioners, pharmacists, 542 and others as appropriate. 543 e. Providing funds for travel expenses. 544 f. Providing funds for administrative costs, including 545 personnel, audits, facilities, and equipment. 546 g. Fulfilling all other requirements necessary to implement 547 and operate the program as outlined in this section. 548 (e) The activities of the direct-support organization must 549 be consistent with the goals and mission of the Office of Drug 550 Control, as determined by the office in consultation with the 551 department, and in the best interests of the state. The direct 552 support organization must obtain a written approval from the 553 director of the Office of Drug Control for any activities in 554 support of the prescription drug monitoring program before 555 undertaking those activities. 556 (f) The Office of Drug Control, in consultation with the 557 department, may permit, without charge, appropriate use of 558 administrative services, property, and facilities of the Office 559 of Drug Control and the department by the direct-support 560 organization, subject to this section. The use must be directly 561 in keeping with the approved purposes of the direct-support 562 organization and may not be made at times or places that would 563 unreasonably interfere with opportunities for the public to use 564 such facilities for established purposes. Any moneys received 565 from rentals of facilities and properties managed by the Office 566 of Drug Control and the department may be held by the Office of 567 Drug Control or in a separate depository account in the name of 568 the direct-support organization and subject to the provisions of 569 the letter of agreement with the Office of Drug Control. The 570 letter of agreement must provide that any funds held in the 571 separate depository account in the name of the direct-support 572 organization must revert to the Office of Drug Control if the 573 direct-support organization is no longer approved by the Office 574 of Drug Control to operate in the best interests of the state. 575 (g) The Office of Drug Control, in consultation with the 576 department, may adopt rules under s. 120.54 to govern the use of 577 administrative services, property, or facilities of the 578 department or office by the direct-support organization. 579 (h) The Office of Drug Control may not permit the use of 580 any administrative services, property, or facilities of the 581 state by a direct-support organization if that organization does 582 not provide equal membership and employment opportunities to all 583 persons regardless of race, color, religion, gender, age, or 584 national origin. 585 (i) The direct-support organization shall provide for an 586 independent annual financial audit in accordance with s. 587 215.981. Copies of the audit shall be provided to the Office of 588 Drug Control and the Office of Policy and Budget in the 589 Executive Office of the Governor. 590 (j) The direct-support organization may not exercise any 591 power under s. 617.0302(12) or (16). 592 (12) A prescriber or dispenser may have access to the 593 information under this section which relates to a patient of 594 that prescriber or dispenser as needed for the purpose of 595 reviewing the patient’s controlled drug prescription history. A 596 prescriber or dispenser acting in good faith is immune from any 597 civil, criminal, or administrative liability that might 598 otherwise be incurred or imposed for receiving or using 599 information from the prescription drug monitoring program. This 600 subsection does not create a private cause of action, and a 601 person may not recover damages against a prescriber or dispenser 602 authorized to access information under this subsection for 603 accessing or failing to access such information. 604 (13) To the extent that funding is provided for such 605 purpose through federal or private grants or gifts and other 606 types of available moneys, the department, in collaboration with 607 the Office of Drug Control, shall study the feasibility of 608 enhancing the prescription drug monitoring program for the 609 purposes of public health initiatives and statistical reporting 610 that respects the privacy of the patient, the prescriber, and 611 the dispenser. Such a study shall be conducted in order to 612 further improve the quality of health care services and safety 613 by improving the prescribing and dispensing practices for 614 prescription drugs, taking advantage of advances in technology, 615 reducing duplicative prescriptions and the overprescribing of 616 prescription drugs, and reducing drug abuse. In addition, the 617 direct-support organization shall provide funding for the 618 department, in collaboration with the Office of Drug Control, to 619 conduct training for health care practitioners and other 620 appropriate persons in using the monitoring program to support 621 the program enhancements. 622 (14) A pharmacist, pharmacy, or dispensing health care 623 practitioner or his or her agent, before releasing a controlled 624 substance to any person not known to such dispenser, shall 625 require the person purchasing, receiving, or otherwise acquiring 626 the controlled substance to present valid photographic 627 identification or other verification of his or her identity to 628 the dispenser. If the person does not have proper 629 identification, the dispenser may verify the validity of the 630 prescription and the identity of the patient with the prescriber 631 or his or her authorized agent. This subsection does not apply 632 in an institutional setting or to a long-term care facility, 633 including, but not limited to, an assisted living facility or a 634 hospital to which patients are admitted. As used in this 635 subsection, the term “proper identification” means an 636 identification that is issued by a state or the Federal 637 Government containing the person’s photograph, printed name, and 638 signature or a document considered acceptable under 8 C.F.R. 639 274a.2(b)(1)(v)(A) and (B). 640 (15) The Agency for Health Care Administration shall 641 continue the implementation of electronic prescribing by health 642 care practitioners, health care facilities, and pharmacies under 643 s. 408.061 and the electronic prescribing clearinghouse 644 collaboration with the private sector under s. 408.0611. 645 (16) By October 1, 2010, the department shall adopt rules 646 pursuant to ss. 120.536(1) and 120.54 to administer the 647 provisions of this section. 648 Section 2. (1) The Program Implementation and Oversight 649 Task Force is created within the Executive Office of the 650 Governor. The director of the Office of Drug Control shall be a 651 nonvoting, ex officio member of the task force and shall act as 652 chair. The Office of Drug Control and the Department of Health 653 shall provide staff support for the task force. 654 (a) The following state officials shall serve on the task 655 force: 656 1. The Attorney General or his or her designee. 657 2. The Secretary of Children and Family Services or his or 658 her designee. 659 3. The Secretary of Health Care Administration or his or 660 her designee. 661 4. The State Surgeon General or his or her designee. 662 (b) In addition, the Governor shall appoint 11 members of 663 the public to serve on the task force. Of these 11 appointed 664 members, one member must have professional or occupational 665 expertise in computer security; one member must be a Florida 666 licensed, board-certified oncologist; two members must be 667 Florida-licensed, board-certified, fellowship-trained physicians 668 who have experience in pain management; one member must be a 669 Florida-licensed primary care physician who has experience in 670 prescribing scheduled prescription drugs; one member must have 671 professional or occupational expertise in e-Prescribing or 672 prescription drug monitoring programs; one member must be a 673 Florida-licensed pharmacist; one member must have professional 674 or occupational expertise in the area of law enforcement and 675 have experience in prescription drug investigations; one member 676 must have professional or occupational expertise as an 677 epidemiologist and have a background in tracking and analyzing 678 drug trends; and two members must have professional or 679 occupational expertise as providers of substance abuse 680 treatment, with priority given to a member who is a former 681 substance abuser. 682 (c) Members appointed by the Governor shall be appointed to 683 a term of 3 years each. Any vacancy on the task force shall be 684 filled in the same manner as the original appointment, and any 685 member appointed to fill a vacancy shall serve only for the 686 unexpired term of the member’s predecessor. 687 (d) Members of the task force and members of subcommittees 688 appointed under subsection (4) shall serve without compensation, 689 but are entitled to reimbursement for per diem and travel 690 expenses as provided in s. 112.061, Florida Statutes. 691 (e) The task force shall meet at least quarterly or upon 692 the call of the chair. 693 (2) The purpose of the task force is to monitor the 694 implementation and safeguarding of the electronic system 695 established for the prescription drug monitoring program under 696 s. 893.055, Florida Statutes, and to ensure privacy, protection 697 of individual medication history, and the electronic system’s 698 appropriate use by physicians, dispensers, pharmacies, law 699 enforcement agencies, and those authorized to request 700 information from the electronic system. 701 (3) The Office of Drug Control shall submit a report to the 702 Governor, the President of the Senate, and the Speaker of the 703 House of Representatives by December 1 of each year which 704 contains a summary of the work of the task force during that 705 year and the recommendations developed in accordance with the 706 task force’s purpose as provided in subsection (2). Interim 707 reports may be submitted at the discretion of the chair. 708 (4) The chair of the task force may appoint subcommittees 709 that include members of state agencies that are not represented 710 on the task force for the purpose of soliciting input and 711 recommendations from those state agencies as needed by the task 712 force to accomplish its purpose as provided in subsection (2). 713 In addition, the chair may appoint subcommittees as necessary 714 from among the members of the task force in order to efficiently 715 address specific issues. If a state agency is to be represented 716 on any subcommittee, the representative shall be the head of the 717 agency or his or her designee. The chair may designate lead and 718 contributing agencies within a subcommittee. 719 (5) The task force shall provide a final report in 720 accordance with the task force’s purpose as provided in 721 subsection (2) on July 1, 2012, to the Governor, the President 722 of the Senate, and the Speaker of the House of Representatives. 723 Such report shall be prepared using only data that does not 724 identify a patient, a prescriber, or a dispenser. The task force 725 shall expire and this section is repealed on that date unless 726 reenacted by the Legislature. 727 Section 3. Subsections (4) and (5) are added to section 728 458.309, Florida Statutes, to read: 729 458.309 Rulemaking authority.— 730 (4) Each privately owned pain-management clinic that 731 employs a physician licensed under this chapter and who is 732 primarily engaged in the treatment of pain by prescribing 733 controlled substance medications must be registered with the 734 department unless that clinic is licensed as a facility under 735 chapter 395. Each clinic location shall be licensed separately 736 regardless of whether the clinic is operated under the same 737 business name or management as another clinic. If the clinic is 738 licensed as a health care clinic under chapter 400, the medical 739 director shall be responsible for registering the facility with 740 the department. If the clinic is not licensed under chapter 395 741 or chapter 400, the clinic shall, upon registration with the 742 department, designate a physician who is responsible for 743 complying with all requirements related to registration of the 744 clinic. The designated physician shall be licensed under this 745 chapter or chapter 459 and shall practice at the office location 746 for which the physician has assumed responsibility. The 747 department shall inspect the clinic annually to ensure that it 748 complies with board rules adopted pursuant to this subsection 749 and subsection (5) unless the clinic is accredited by a 750 nationally recognized accrediting agency approved by the board. 751 The actual costs for registration and inspection or 752 accreditation shall be paid by the physician seeking to register 753 the clinic. 754 (5) The board shall adopt rules setting forth standards of 755 practice for physicians who practice in privately owned pain 756 management clinics that primarily engage in the treatment of 757 pain by prescribing controlled substance medications. Such rules 758 shall address, but need not be limited to, the following 759 subjects: 760 (a) Facility operations; 761 (b) Physical operations; 762 (c) Infection control requirements; 763 (d) Health and safety requirements; 764 (e) Quality assurance requirements; 765 (f) Patient records; 766 (g) Training requirements for all facility health care 767 practitioners; 768 (h) Inspections; and 769 (i) Data collection and reporting requirements. 770 771 A physician is primarily engaged in the treatment of pain by 772 prescribing controlled substance medications if the majority of 773 the patients seen on any day the facility is open are issued 774 controlled substance medications for the treatment of chronic 775 nonmalignant pain. Chronic nonmalignant pain is pain unrelated 776 to cancer which persists beyond the usual course of disease or 777 injury. It may or may not be associated with a pathologic 778 disease. 779 Section 4. Subsections (3) and (4) are added to section 780 459.005, Florida Statutes, to read: 781 459.005 Rulemaking authority.— 782 (3) Each privately owned pain-management clinic that 783 employs a physician licensed under this chapter and who is 784 primarily engaged in the treatment of pain by prescribing 785 controlled substance medications must be registered with the 786 department unless that clinic is licensed as a facility under 787 chapter 395. Each clinic location shall be licensed separately 788 regardless of whether the clinic is operated under the same 789 business name or management as another clinic. If the clinic is 790 licensed as a health care clinic under chapter 400, the medical 791 director shall be responsible for registering the facility with 792 the department. If the clinic is not licensed under chapter 395 793 or chapter 400, the clinic shall, upon registration with the 794 department, designate a physician who is responsible for 795 complying with all requirements related to registration of the 796 clinic. The designated physician shall be licensed under chapter 797 458 or this chapter and shall practice at the office location 798 for which the physician has assumed responsibility. The 799 department shall inspect the clinic annually to ensure that it 800 complies with board rules adopted pursuant to this subsection 801 and subsection (4) unless the clinic is accredited by a 802 nationally recognized accrediting agency approved by the board. 803 The actual costs for registration and inspection or 804 accreditation shall be paid by the physician seeking to register 805 the clinic. 806 (4) The board shall adopt rules setting forth standards of 807 practice for physicians who practice in privately owned pain 808 management clinics that primarily engage in the treatment of 809 pain by prescribing controlled substance medications. Such rules 810 shall address, but need not be limited to, the following 811 subjects: 812 (a) Facility operations; 813 (b) Physical operations; 814 (c) Infection control requirements; 815 (d) Health and safety requirements; 816 (e) Quality assurance requirements; 817 (f) Patient records; 818 (g) Training requirements for all facility health care 819 practitioners; 820 (h) Inspections; and 821 (i) Data collection and reporting requirements. 822 823 A physician is primarily engaged in the treatment of pain by 824 prescribing controlled substance medications if the majority of 825 the patients seen on any day the facility is open are issued 826 controlled substance medications for the treatment of chronic 827 nonmalignant pain. Chronic nonmalignant pain is pain unrelated 828 to cancer which persists beyond the usual course of disease or 829 injury. It may or may not be associated with a pathologic 830 disease. 831 Section 5. This act shall take effect July 1, 2009.