HB 937

1	A bill to be entitled
2	An act relating to public records; creating s. 893.056,
3	F.S.; exempting from public records requirements
4	information and records reported to the Agency for Health
5	Care Administration under the electronic-monitoring system
6	for the tracking of prescriptions of controlled substances
7	listed in Schedules II-IV; authorizing certain persons and
8	entities access to patient-identifying information;
9	providing guidelines for the use of such information and
10	penalties for violations; providing for future legislative
11	review and repeal of the exemption under the Open
12	Government Sunset Review Act; providing a finding of
13	public necessity; providing a contingent effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 893.056, Florida Statutes, is created
18	to read:
19	893.056  Public records exemption for the electronic-
20	monitoring system for the tracking of prescriptions of
21	controlled substances listed in Schedule II, Schedule III, or
22	Schedule IV in s. 893.03.--
23	(1)  Identifying information, including, but not limited
24	to, the name, address, telephone number, insurance plan number,
25	social security number or government-issued identification
26	number, provider number, Drug Enforcement Administration number,
27	or any other unique identifying number of a patient, patient's
28	agent, health care practitioner, pharmacist, pharmacist's agent,
29	or pharmacy which is contained in records held by the Agency for
30	Health Care Administration or any other agency as defined in s.
31	119.011(2) under s. 893.055, the electronic-monitoring system
32	for the tracking of prescriptions of controlled substances, is
33	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
34	of the State Constitution.
35	(2)  The Agency for Health Care Administration shall
36	disclose such confidential and exempt information to:
37	(a)  The Department of Health or the relevant health
38	regulatory board responsible for the licensure, regulation, or
39	discipline of practitioners, pharmacists, or other persons who
40	are authorized to prescribe, administer, or dispense controlled
41	substances and who are involved in a specific investigation
42	involving a designated person.
43	(b)  A criminal justice agency, as defined in s. 119.011,
44	which enforces the laws of this state or the United States
45	relating to controlled substances and which has initiated an
46	active investigation involving a specific violation of law.
47	(c)  A practitioner as defined in s. 893.02, or an employee
48	of the practitioner who is acting on behalf of and at the
49	direction of the practitioner, who requests such information and
50	certifies that the information is necessary to provide medical
51	treatment to a current patient in accordance with s. 893.05.
52	(d)  A pharmacist as defined in s. 465.003, or a pharmacy
53	intern or pharmacy technician who is acting on behalf of and at
54	the direction of the pharmacist, who requests such information
55	and certifies that the requested information will be used to
56	dispense controlled substances to a current patient in
57	accordance with s. 893.04.
58	(e)  A patient who is identified in the record upon a
59	written request for the purpose of verifying that information.
60	(f)  A judge or a probation or parole officer administering
61	a drug or the probation program of a criminal defendant arising
62	out of a violation of chapter 893 or of a criminal defendant who
63	is documented by the court as a substance abuser and who is
64	eligible to participate in a court-ordered drug diversion,
65	treatment, or probation program.
66	(g)  A duly appointed medical examiner, or an investigator
67	of the medical examiner who is acting on behalf of or at the
68	direction of the medical examiner, who requests such information
69	and certifies that the information is necessary in an active
70	death investigation as provided in s. 406.11 which involves a
71	suspected drug-related death.
72	(3)  Any agency that obtains such confidential and exempt
73	information pursuant to this section must maintain the
74	confidential and exempt status of that information; however, the
75	Agency for Health Care Administration or a criminal justice
76	agency that has lawful access to such information may disclose
77	confidential and exempt information received from the Agency for
78	Health Care Administration to a criminal justice agency as part
79	of an active investigation of a specific violation of law.
80	(4)  Any person who willfully and knowingly violates this
81	section commits a felony of the third degree, punishable as
82	provided in s. 775.082, s. 775.083, or s. 775.084.
83	(5)  This section is subject to the Open Government Sunset
84	Review Act in accordance with s. 119.15 and shall stand repealed
85	on October 2, 2014, unless reviewed and saved from repeal
86	through reenactment by the Legislature.
87	Section 2.  The Legislature finds that it is a public
88	necessity that personal identifying information of a patient, a
89	practitioner as defined in s. 893.02, Florida Statutes, or a
90	pharmacist as defined in s. 465.003, Florida Statutes, contained
91	in records that are reported to the Agency for Health Care
92	Administration under s. 893.055, Florida Statutes, the
93	electronic-monitoring system for the tracking of prescriptions
94	of controlled substances, be made confidential and exempt from
95	disclosure. Information concerning the prescriptions that a
96	patient has been prescribed is a private, personal matter
97	between the patient, the practitioner, and the pharmacist.
98	Nevertheless, reporting of prescriptions on a timely and
99	accurate basis by practitioners and pharmacists will ensure the
100	ability of the state to review and provide oversight of
101	prescribing and dispensing practices. Further, the reporting of
102	this information will facilitate investigations and prosecutions
103	of violations of state drug laws by patients, practitioners, or
104	pharmacists, thereby increasing compliance with those laws.
105	However, if in the process the information that would identify a
106	patient is not made confidential and exempt from disclosure, any
107	person could inspect and copy the record and be aware of the
108	patient's prescriptions. The availability of such information to
109	the public would result in the invasion of the patient's
110	privacy. If the identity of the patient could be correlated with
111	his or her prescriptions, it would be possible for the public to
112	become aware of the diseases or other medical concerns for which
113	a patient is being treated by his or her physician. This
114	knowledge could be used to embarrass or to humiliate a patient
115	or to discriminate against him or her. Requiring the reporting
116	of prescribing information, while protecting a patient's
117	personal identifying information, will facilitate efforts to
118	maintain compliance with the state's drug laws and will
119	facilitate the sharing of information between health care
120	practitioners and pharmacists, while maintaining and ensuring
121	patient privacy. Additionally, exempting from disclosure the
122	personal identifying information of practitioners will ensure
123	that an individual will not be able to identify which
124	practitioners prescribe the highest amount of a particular type
125	of drug and to seek those practitioners out in order to increase
126	the likelihood of obtaining a particular prescribed substance.
127	Further, protecting personal identifying information of
128	pharmacists ensures that an individual will not be able to
129	identify which pharmacists or pharmacies dispense the largest
130	amount of a particular substance and identify that pharmacy for
131	robbery or burglary. Thus, the Legislature finds that the
132	personal identifying information of a patient, a practitioner as
133	defined in s. 893.02, Florida Statutes, or a pharmacist as
134	defined in s. 465.003, Florida Statutes, contained in records
135	reported under s. 893.055, Florida Statutes, must be
136	confidential and exempt from disclosure.
137	Section 3.  This act shall take effect July 1, 2009, if
138	House Bill 897, or similar legislation establishing an
139	electronic system to monitor the prescribing of controlled
140	substances, is adopted in the same legislative session or an
141	extension thereof and becomes law.

CODING: Words stricken are deletions; words underlined are additions.