Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SPB 7014
       
       
       
       
       
       
                                Ì725578VÎ725578                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  02/04/2014           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 119 - 165
    4  and insert:
    5  substances and that has obtained a court order issued by a court
    6  of competent jurisdiction upon a showing of reasonable suspicion
    7  of potential criminal activity, fraud, or theft regarding
    8  prescribed controlled substances. The law enforcement agency may
    9  disclose to a criminal justice agency as defined in s. 119.011
   10  only the confidential and exempt information received from the
   11  department which is relevant to a criminal justice agency as
   12  defined in s. 119.011 as part of an active investigation that
   13  prompted the request for the information that is specific to a
   14  violation of prescription drug abuse or prescription drug
   15  diversion law as it relates to controlled substances. Before
   16  disclosing any information to a criminal justice agency, a law
   17  enforcement agency must take steps to ensure the continued
   18  confidentiality of all confidential and exempt information. At a
   19  minimum, these steps must include redacting or deleting all
   20  nonrelevant information. A law enforcement agency may request
   21  information from the department but may not have direct access
   22  to its database.
   23         (d) A health care practitioner who certifies that the
   24  information is necessary to provide medical treatment to a
   25  current patient in accordance with ss. 893.05 and 893.055. A
   26  health care practitioner who receives a current patient’s
   27  confidential and exempt information under this subsection may
   28  disclose such information to the patient or the patient’s legal
   29  representative. Upon the patient’s or the legal representative’s
   30  written consent, the health care practitioner may place such
   31  information in the patient’s medical record, including
   32  electronic medical records, and may disclose such information
   33  subject to the requirements of s. 456.057.
   34         (e) A pharmacist who certifies that the requested
   35  information will be used to dispense controlled substances to a
   36  current patient in accordance with ss. 893.04 and 893.055.
   37         (f) A patient or the legal guardian or designated health
   38  care surrogate for an incapacitated patient, if applicable,
   39  making a request as provided in s. 893.055(7)(c)4.
   40         (g) The patient’s pharmacy, prescriber, or dispenser who
   41  certifies that the information is necessary to provide medical
   42  treatment to his or her current patient in accordance with s.
   43  893.055.
   44         (4) If the department determines that there exists a
   45  pattern of controlled substance abuse consistent with department
   46  rules for identifying indicators of abuse, the department may
   47  shall disclose relevant such confidential and exempt information
   48  that does not include personal identifying information to the
   49  applicable law enforcement agency in accordance with s.
   50  893.055(7)(f). The law enforcement agency may use such
   51  information to support a court order pursuant to paragraph
   52  (3)(c)
   53  
   54  ================= T I T L E  A M E N D M E N T ================
   55  And the title is amended as follows:
   56         Delete lines 18 - 29
   57  and insert:
   58         to obtain a court order before such agency may receive
   59         information from the prescription drug monitoring
   60         database; authorizing a health care practitioner to
   61         share a patient’s information with that patient and
   62         put such information in the patient’s medical record
   63         upon consent; authorizing the department to disclose,
   64         under certain circumstances, relevant information that
   65         does not include personal identifying information to a
   66         law enforcement agency, rather than requiring the
   67         department to disclose confidential and exempt
   68         information; authorizing a law enforcement agency to
   69         use specified information to support a court order,