Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1159, 1st Eng.
                                Barcode 531668                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
               Floor: 1b/RE/3R         .                                
             05/03/2013 11:10 AM       .                                

       Senator Grimsley moved the following:
    1         Senate Amendment to Amendment (566056) (with title
    2  amendment)
    4         Between lines 164 and 165
    5  insert:
    6         Section 86. Paragraph (b) of subsection (2), subsection
    7  (10), and paragraph (c) of subsection (11) of section 893.055,
    8  Florida Statutes, is amended to read:
    9         893.055 Prescription drug monitoring program.—
   10         (2)
   11         (b) The department, when the direct support organization
   12  receives at least $20,000 in nonstate moneys or the state
   13  receives at least $20,000 in federal grants for the prescription
   14  drug monitoring program, shall adopt rules as necessary
   15  concerning the reporting, accessing the database, evaluation,
   16  management, development, implementation, operation, security,
   17  and storage of information within the system, including rules
   18  for when patient advisory reports are provided to pharmacies and
   19  prescribers. The patient advisory report shall be provided in
   20  accordance with s. 893.13(7)(a)8. The department shall work with
   21  the professional health care licensure boards, such as the Board
   22  of Medicine, the Board of Osteopathic Medicine, and the Board of
   23  Pharmacy; other appropriate organizations, such as the Florida
   24  Pharmacy Association, the Florida Medical Association, the
   25  Florida Retail Federation, and the Florida Osteopathic Medical
   26  Association, including those relating to pain management; and
   27  the Attorney General, the Department of Law Enforcement, and the
   28  Agency for Health Care Administration to develop rules
   29  appropriate for the prescription drug monitoring program.
   30         (10) All costs incurred by the department in administering
   31  the prescription drug monitoring program shall be funded through
   32  state funds, federal grants, or private funding applied for or
   33  received by the state. The department may not commit funds for
   34  the monitoring program without ensuring funding is available.
   35  The prescription drug monitoring program and the implementation
   36  thereof are contingent upon receipt of the nonstate funding. The
   37  department and state government shall cooperate with the direct
   38  support organization established pursuant to subsection (11) in
   39  seeking state funds, federal grant funds, other nonstate grant
   40  funds, gifts, donations, or other private moneys for the
   41  department if so long as the costs of doing so are not
   42  considered material. Nonmaterial costs for this purpose include,
   43  but are not limited to, the costs of mailing and personnel
   44  assigned to research or apply for a grant. Notwithstanding the
   45  exemptions to competitive-solicitation requirements under s.
   46  287.057(3)(f), the department shall comply with the competitive
   47  solicitation requirements under s. 287.057 for the procurement
   48  of any goods or services required by this section. Funds
   49  provided, directly or indirectly, by prescription drug
   50  manufacturers may not be used to implement the program.
   51         (11) The department may establish a direct-support
   52  organization that has a board consisting of at least five
   53  members to provide assistance, funding, and promotional support
   54  for the activities authorized for the prescription drug
   55  monitoring program.
   56  (c) The State Surgeon General shall appoint a board of directors
   57  for the direct-support organization. Members of the board shall
   58  serve at the pleasure of the State Surgeon General. The State
   59  Surgeon General shall provide guidance to members of the board
   60  to ensure that moneys received by the direct-support
   61  organization are not received from inappropriate sources.
   62  Inappropriate sources include, but are not limited to, donors,
   63  grantors, persons, or organizations, or pharmaceutical
   64  companies, that may monetarily or substantively benefit from the
   65  purchase of goods or services by the department in furtherance
   66  of the prescription drug monitoring program.
   68  ================= T I T L E  A M E N D M E N T ================
   69         And the title is amended as follows:
   70         Delete line 187
   71  and insert:
   72         expedited review; amending s. 893.055, F.S.; deleting
   73         obsolete provisions; deleting a provision that
   74         prohibits funds from prescription drug manufacturers
   75         to be used to implement the prescription drug
   76         monitoring program; authorizing the prescription drug
   77         monitoring program to be funded by state funds;
   78         revising the sources of money which are inappropriate
   79         for the direct-support organization of the
   80         prescription drug monitoring program to receive;
   81         providing an effective date.