Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 866
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2014           .                                

       (Bean) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 120 - 180
    4  and insert:
    5  substances and that has entered into a user agreement with the
    6  department as required under s. 893.055. The law enforcement
    7  agency may disclose to a criminal justice agency as defined in
    8  s. 119.011 only the confidential and exempt information received
    9  from the department which is relevant to a criminal justice
   10  agency as defined in s. 119.011 as part of an active
   11  investigation that prompted the request for the information that
   12  is specific to a violation of prescription drug abuse or
   13  prescription drug diversion law as it relates to controlled
   14  substances. Before disclosing any information to a criminal
   15  justice agency, a law enforcement agency must take steps to
   16  ensure the continued confidentiality of all confidential and
   17  exempt information. At a minimum, these steps must include
   18  redacting or deleting all nonrelevant information. A law
   19  enforcement agency may request information from the department
   20  but may not have direct 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. A
   24  health care practitioner who receives a current patient’s
   25  confidential and exempt information under this subsection may
   26  disclose such information to the patient or the patient’s legal
   27  representative. Upon the patient’s or the legal representative’s
   28  written consent, the health care practitioner may place such
   29  information in the patient’s medical record, including
   30  electronic medical records, and may disclose such information
   31  subject to the requirements of s. 456.057.
   32         (e) A pharmacist who certifies that the requested
   33  information will be used to dispense controlled substances to a
   34  current patient in accordance with ss. 893.04 and 893.055.
   35         (f) A patient or the legal guardian or designated health
   36  care surrogate for an incapacitated patient, if applicable,
   37  making a request as provided in s. 893.055(7)(c)4.
   38         (g) The patient’s pharmacy, prescriber, or dispenser who
   39  certifies that the information is necessary to provide medical
   40  treatment to his or her current patient in accordance with s.
   41  893.055.
   42         (h) An impaired practitioner consultant who is retained by
   43  the department under s. 456.076 for the purpose of reviewing the
   44  controlled substance prescription history of a practitioner who
   45  has agreed to be evaluated or monitored by the consultant.
   46         (4) If the department determines that there exists a
   47  pattern of controlled substance abuse consistent with department
   48  rules for identifying indicators of such abuse, the department
   49  may provide a patient advisory report to an appropriate health
   50  care practitioner shall disclose such confidential and exempt
   51  information to the applicable law enforcement agency in
   52  accordance with s. 893.055(7)(f). The law enforcement agency may
   53  disclose the confidential and exempt information received from
   54  the department to a criminal justice agency as defined in s.
   55  119.011 as part of an active investigation that is specific to a
   56  violation of s. 893.13(7)(a)8., s. 893.13(8)(a), or s.
   57  893.13(8)(b).
   58         (5) An Any agency or person who obtains any such
   59  confidential and exempt information specified in pursuant to
   60  this section must maintain the confidential and exempt status of
   61  that information and may not disclose such information unless
   62  authorized under this section. Information shared with a state
   63  attorney pursuant to paragraph (3)(a) or paragraph (3)(c) may be
   64  released only in response to a discovery demand if such
   65  information is directly related to the criminal case for which
   66  the information was requested. Unrelated information may be
   67  released only upon an order of a court of competent jurisdiction
   68  as provided in s. 893.055(6)(c).
   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 18 - 32
   73  and insert:
   74         to enter into a user agreement before such agency may
   75         receive information from the prescription drug
   76         monitoring database; requiring the law enforcement
   77         agency to ensure the continued confidentiality of all
   78         confidential and exempt information; authorizing a
   79         health care practitioner to share a patient’s
   80         information with that patient and put such information
   81         in the patient’s medical record upon consent;
   82         authorizing certain impaired practitioner consultants
   83         to access information for a specified purpose;
   84         authorizing the department to disclose a patient
   85         advisory report to a health care practitioner under
   86         certain circumstances; prohibiting