Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1192
                                Barcode 426316                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/25/2013           .                                

       The Committee on Appropriations (Grimsley) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 399 - 459
    4  and insert:
    5         Section 8. Paragraph (b) of subsection (2), paragraph (b)
    6  of subsection (7), subsection (10), and paragraph (c) of
    7  subsection (11) of section 893.055, Florida Statutes, are
    8  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         (7)
   31         (b) A pharmacy, prescriber, designated agent under the
   32  supervision of a health care practitioner, or dispenser shall
   33  have access to information in the prescription drug monitoring
   34  program’s database which relates to a patient of that pharmacy,
   35  prescriber, or dispenser in a manner established by the
   36  department as needed for the purpose of reviewing the patient’s
   37  controlled substance prescription history. Other access to the
   38  program’s database shall be limited to the program’s manager and
   39  to the designated program and support staff, who may act only at
   40  the direction of the program manager or, in the absence of the
   41  program manager, as authorized. Access by the program manager or
   42  such designated staff is for prescription drug program
   43  management only or for management of the program’s database and
   44  its system in support of the requirements of this section and in
   45  furtherance of the prescription drug monitoring program.
   46  Confidential and exempt information in the database shall be
   47  released only as provided in paragraph (c) and s. 893.0551. The
   48  program manager, designated program and support staff who act at
   49  the direction of or in the absence of the program manager, and
   50  any individual who has similar access regarding the management
   51  of the database from the prescription drug monitoring program
   52  shall submit fingerprints to the department for background
   53  screening. The department shall follow the procedure established
   54  by the Department of Law Enforcement to request a statewide
   55  criminal history record check and to request that the Department
   56  of Law Enforcement forward the fingerprints to the Federal
   57  Bureau of Investigation for a national criminal history record
   58  check.
   59         (10) All costs incurred by the department in administering
   60  the prescription drug monitoring program shall be funded through
   61  state funds, federal grants, or private funding applied for or
   62  received by the state. The department may not commit funds for
   63  the monitoring program without ensuring funding is available.
   64  The prescription drug monitoring program and the implementation
   65  thereof are contingent upon receipt of the nonstate funding. The
   66  department and state government shall cooperate with the direct
   67  support organization established pursuant to subsection (11) in
   68  seeking state funds, federal grant funds, other nonstate grant
   69  funds, gifts, donations, or other private moneys for the
   70  department if so long as the costs of doing so are not
   71  considered material. Nonmaterial costs for this purpose include,
   72  but are not limited to, the costs of mailing and personnel
   73  assigned to research or apply for a grant. Notwithstanding the
   74  exemptions to competitive-solicitation requirements under s.
   75  287.057(3)(f), the department shall comply with the competitive
   76  solicitation requirements under s. 287.057 for the procurement
   77  of any goods or services required by this section. Funds
   78  provided, directly or indirectly, by prescription drug
   79  manufacturers may not be used to implement the program.
   80         (11) The department may establish a direct-support
   81  organization that has a board consisting of at least five
   82  members to provide assistance, funding, and promotional support
   83  for the activities authorized for the prescription drug
   84  monitoring program.
   85         (c) The State Surgeon General shall appoint a board of
   86  directors for the direct-support organization. Members of the
   87  board shall serve at the pleasure of the State Surgeon General.
   88  The State Surgeon General shall provide guidance to members of
   89  the board to ensure that moneys received by the direct-support
   90  organization are not received from inappropriate sources.
   91  Inappropriate sources include, but are not limited to, donors,
   92  grantors, persons, or organizations, or pharmaceutical
   93  companies, that may monetarily or substantively benefit from the
   94  purchase of goods or services by the department in furtherance
   95  of the prescription drug monitoring program.
   96         Section 9. Paragraphs (d) and (e) of subsection (3) of
   97  section 893.0551, Florida Statutes, are amended to read:
   98         893.0551 Public records exemption for the prescription drug
   99  monitoring program.—
  100         (3) The department shall disclose such confidential and
  101  exempt information to the following entities after using a
  102  verification process to ensure the legitimacy of that person’s
  103  or entity’s request for the information:
  104         (d) A health care practitioner or a designated agent under
  105  his or her supervision who certifies that the information is
  106  necessary to provide medical treatment to a current patient in
  107  accordance with ss. 893.05 and 893.055.
  108         (e) A pharmacist or a designated agent under his or her
  109  supervision who certifies that the requested information will be
  110  used to dispense controlled substances to a current patient in
  111  accordance with ss. 893.04 and 893.055.
  113  ================= T I T L E  A M E N D M E N T ================
  114         And the title is amended as follows:
  115         Delete lines 36 - 44
  116  and insert:
  117         development; amending s. 893.055, F.S.; deleting
  118         obsolete provisions; requiring a designated agent
  119         under the supervision of a health care practitioner to
  120         have access to information in the prescription drug
  121         monitoring program’s database; deleting a provision
  122         that prohibits funds from prescription drug
  123         manufacturers to be used to implement the prescription
  124         drug monitoring program; authorizing the prescription
  125         drug monitoring program to be funded by state funds;
  126         revising the sources of money which are inappropriate
  127         for the direct-support organization of the
  128         prescription drug monitoring program to receive;
  129         amending s. 893.0551, F.S.; requiring the Department
  130         of Health to disclose certain confidential and exempt
  131         information to a designated agent of a health care
  132         practitioner or pharmacist under certain
  133         circumstances;