HB 7239

1	A bill to be entitled
2	An act relating to public records; providing an exemption
3	from public records requirements for statements of
4	reference held by the Board of Pharmacy within the
5	Department of Health concerning a practitioner seeking
6	controlled substance dispensing registration; providing an
7	exception to the exemption; providing for future
8	legislative review and repeal of the exemption under the
9	Open Government Sunset Review Act; providing a statement
10	of public necessity; providing a contingent effective
11	date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Statements of reference held by the Board of
16	Pharmacy within the Department of Health concerning a
17	practitioner seeking controlled substance dispensing
18	registration pursuant to s. 465.0276, Florida Statutes, are
19	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
20	of the State Constitution, unless used in an investigation that
21	results in a finding of probable cause. This section is subject
22	to the Open Government Sunset Review Act in accordance with s.
23	119.15, Florida Statutes, and shall stand repealed on October 2,
24	2015, unless reviewed and saved from repeal through reenactment
25	by the Legislature.
26	Section 2.  The Legislature finds that it is a public
27	necessity that statements of reference held by the Board of
28	Pharmacy within the Department of Health concerning a
29	practitioner requesting controlled substance dispensing
30	registration be made confidential and exempt from public records
31	requirements unless such statements of reference are used in an
32	investigation that results in a finding of probable cause.
33	Candid and honest responses by persons submitting statements of
34	reference help ensure that controlled substance dispensing
35	registrants safely dispense prescription drugs that are highly
36	susceptible to abuse. The Legislature finds that failure to
37	maintain the confidentiality of such statements of reference
38	would prevent the exercise of the important state interest of
39	ensuring high-quality, safe dispensing of controlled substances
40	by health care practitioners in this state and would hinder the
41	effective and efficient administration of a government program.
42	Section 3.  This act shall take effect on the same date
43	that House Bill 225 or similar legislation takes effect, if such
44	legislation is adopted in the same legislative session, or an
45	extension thereof, and becomes law.

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