Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. HB 7177
       
       
       
       
       
       
                                Ì488238HÎ488238                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .        Floor: SENA1/CA         
             04/24/2014 04:53 PM       .      05/02/2014 02:31 PM       
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       Senator Bean moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 97 - 146
    4  and insert:
    5         (c) A law enforcement agency that has initiated an active
    6  investigation involving a specific violation of law regarding
    7  prescription drug abuse or diversion of prescribed controlled
    8  substances and that has entered into a user agreement with the
    9  department. A law enforcement agency may request information
   10  from the department but may not have direct access to its
   11  database. The law enforcement agency may disclose to a criminal
   12  justice agency, as defined in s. 119.011, only the confidential
   13  and exempt information received from the department that is
   14  relevant to a criminal justice agency as defined in s. 119.011
   15  as part of an identified active investigation that prompted the
   16  request for such information is specific to a violation of
   17  prescription drug abuse or prescription drug diversion law as it
   18  relates to controlled substances. A law enforcement agency may
   19  request information from the department but may not have direct
   20  access to its database.
   21         (d) A health care practitioner who certifies that the
   22  information is necessary to provide medical treatment to a
   23  current patient in accordance with ss. 893.05 and 893.055.
   24         (e) A pharmacist who certifies that the requested
   25  information will be used to dispense controlled substances to a
   26  current patient in accordance with ss. 893.04 and 893.055.
   27         (f) A patient or the legal guardian or designated health
   28  care surrogate for an incapacitated patient, if applicable,
   29  making a request as provided in s. 893.055(7)(c)4.
   30         (g) The patient's pharmacy, prescriber, or dispenser who
   31  certifies that the information is necessary to provide medical
   32  treatment to his or her current patient in accordance with s.
   33  893.055.
   34         (h) An impaired practitioner consultant who is retained by
   35  the department under s. 456.076 for the purpose of reviewing the
   36  controlled substance prescription history of a practitioner who
   37  has agreed to be evaluated or monitored by the consultant. An
   38  impaired practitioner consultant may request information from
   39  the department but may not have direct access to the database.
   40         (4) If the department determines consistent with its rules
   41  that a pattern of controlled substance abuse exists, the
   42  department may shall disclose such confidential and exempt
   43  information to the applicable law enforcement agency in
   44  accordance with s. 893.055(7)(f). The law enforcement agency may
   45  disclose to a criminal justice agency, as defined in s. 119.011,
   46  only the confidential and exempt information received from the
   47  department that is relevant to a criminal justice agency as
   48  defined in s. 119.011 as part of an identified active
   49  investigation that is specific to a violation of s.
   50  893.13(7)(a)8., s. 893.13(8)(a), or s. 893.13(8)(b).
   51         (5) Before disclosing confidential and exempt information
   52  to a criminal justice agency or a law enforcement agency
   53  pursuant to this section, the disclosing person or entity must
   54  take steps to ensure the continued confidentiality of all
   55  confidential and exempt information. At a minimum, these steps
   56  must include redacting any nonrelevant information.
   57         (6)(5) An Any agency or person who obtains any such
   58  confidential and exempt information pursuant to this section
   59  must maintain the confidential and exempt status of that
   60  information and may not disclose such information unless
   61  authorized by law. Information shared with a state attorney
   62  pursuant to paragraph (3)(a) or paragraph (3)(c) may be released
   63  only in response to a discovery demand if such information is
   64  directly related to the criminal case for which the information
   65  was requested. Unrelated information may be released only upon
   66  an order of a court of competent jurisdiction.
   67  
   68  
   69  
   70  ================= T I T L E  A M E N D M E N T ================
   71  And the title is amended as follows:
   72         Delete lines 12 - 20
   73  and insert:
   74         requiring a law enforcement agency to enter into a
   75         user agreement before such agency may receive
   76         information from the prescription drug monitoring
   77         database; authorizing certain impaired practitioner
   78         consultants indirect access to information for a
   79         specified purpose; requiring the Attorney General,
   80         health care regulatory boards, and law enforcement
   81         agencies to take certain steps to ensure the continued
   82         confidentiality of all nonrelevant confidential and
   83         exempt information before disclosing such information;
   84         authorizing the department to disclose, under certain
   85         circumstances, relevant information to a law
   86         enforcement agency, rather than requiring the
   87         department to disclose confidential and exempt
   88         information; prohibiting an agency or person who
   89         obtains specified confidential and exempt information
   90         from disclosing such information except under certain
   91         circumstances; saving the
   92