HB 7239

1
A bill to be entitled
2An act relating to public records; providing an exemption
3from public records requirements for statements of
4reference held by the Board of Pharmacy within the
5Department of Health concerning a practitioner seeking
6controlled substance dispensing registration; providing an
7exception to the exemption; providing for future
8legislative review and repeal of the exemption under the
9Open Government Sunset Review Act; providing a statement
10of public necessity; providing a contingent effective
11date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Statements of reference held by the Board of
16Pharmacy within the Department of Health concerning a
17practitioner seeking controlled substance dispensing
18registration pursuant to s. 465.0276, Florida Statutes, are
19confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
20of the State Constitution, unless used in an investigation that
21results in a finding of probable cause. This section is subject
22to the Open Government Sunset Review Act in accordance with s.
23119.15, Florida Statutes, and shall stand repealed on October 2,
242015, unless reviewed and saved from repeal through reenactment
25by the Legislature.
26     Section 2.  The Legislature finds that it is a public
27necessity that statements of reference held by the Board of
28Pharmacy within the Department of Health concerning a
29practitioner requesting controlled substance dispensing
30registration be made confidential and exempt from public records
31requirements unless such statements of reference are used in an
32investigation that results in a finding of probable cause.
33Candid and honest responses by persons submitting statements of
34reference help ensure that controlled substance dispensing
35registrants safely dispense prescription drugs that are highly
36susceptible to abuse. The Legislature finds that failure to
37maintain the confidentiality of such statements of reference
38would prevent the exercise of the important state interest of
39ensuring high-quality, safe dispensing of controlled substances
40by health care practitioners in this state and would hinder the
41effective and efficient administration of a government program.
42     Section 3.  This act shall take effect on the same date
43that House Bill 225 or similar legislation takes effect, if such
44legislation is adopted in the same legislative session, or an
45extension thereof, and becomes law.


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