Florida Senate - 2014                              CS for SB 866
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Health Policy
       
       
       
       
       585-03735-14                                           2014866c1
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunshine Review Act; amending s. 893.0551, F.S., which
    4         makes confidential and exempt certain information of a
    5         patient or patient’s agent, health care practitioner,
    6         and others held by the Department of Health;
    7         specifying that the Attorney General, health care
    8         regulatory boards, and law enforcement agencies may
    9         disclose certain confidential and exempt information
   10         to certain entities only if such information is
   11         relevant to an active investigation that prompted the
   12         request for the information; requiring the Attorney
   13         General, health care regulatory boards, and law
   14         enforcement agencies to take certain steps to ensure
   15         the continued confidentiality of all nonrelevant
   16         confidential and exempt information before disclosing
   17         such information; requiring a law enforcement agency
   18         to enter into a user agreement before such agency may
   19         receive information from the prescription drug
   20         monitoring database; requiring the law enforcement
   21         agency to ensure the continued confidentiality of all
   22         confidential and exempt information; authorizing a
   23         health care practitioner to share a patient’s
   24         information with that patient and put such information
   25         in the patient’s medical record upon consent;
   26         authorizing certain impaired practitioner consultants
   27         to access information for a specified purpose;
   28         authorizing the department to disclose a patient
   29         advisory report to a health care practitioner under
   30         certain circumstances; prohibiting an agency or person
   31         who obtains specified confidential and exempt
   32         information from disclosing such information except
   33         under certain circumstances; saving the exemption from
   34         repeal under the Open Government Sunset Review Act;
   35         providing an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 893.0551, Florida Statutes, is amended
   40  to read:
   41         893.0551 Public records exemption for the prescription drug
   42  monitoring program.—
   43         (1) As used in For purposes of this section, the term:
   44         (a) “Active investigation” has the same meaning as provided
   45  in s. 893.055.
   46         (b) “Dispenser” has the same meaning as provided in s.
   47  893.055.
   48         (c) “Health care practitioner” or “practitioner” has the
   49  same meaning as provided in s. 893.055.
   50         (d) “Health care regulatory board” has the same meaning as
   51  provided in s. 893.055.
   52         (e) “Law enforcement agency” has the same meaning as
   53  provided in s. 893.055.
   54         (f) “Pharmacist” means a any person licensed under chapter
   55  465 to practice the profession of pharmacy.
   56         (g) “Pharmacy” has the same meaning as provided in s.
   57  893.055.
   58         (h) “Prescriber” has the same meaning as provided in s.
   59  893.055.
   60         (2) The following information of a patient or patient’s
   61  agent, a health care practitioner, a dispenser, an employee of
   62  the practitioner who is acting on behalf of and at the direction
   63  of the practitioner, a pharmacist, or a pharmacy which that is
   64  contained in records held by the department under s. 893.055 is
   65  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   66  of the State Constitution:
   67         (a) Name.
   68         (b) Address.
   69         (c) Telephone number.
   70         (d) Insurance plan number.
   71         (e) Government-issued identification number.
   72         (f) Provider number.
   73         (g) Drug Enforcement Administration number.
   74         (h) Any other unique identifying information or number.
   75         (3) The department shall disclose such confidential and
   76  exempt information to the following persons or entities after
   77  using a verification process to ensure the legitimacy of that
   78  person’s or entity’s request for the information:
   79         (a) The Attorney General and his or her designee when
   80  working on Medicaid fraud cases involving prescription drugs or
   81  when the Attorney General has initiated a review of specific
   82  identifiers of Medicaid fraud regarding prescription drugs. The
   83  Attorney General or his or her designee may disclose to a
   84  criminal justice agency as defined in s. 119.011 only the
   85  confidential and exempt information received from the department
   86  which is relevant to a criminal justice agency as defined in s.
   87  119.011 as part of an active investigation that prompted the
   88  request for the information that is specific to a violation of
   89  prescription drug abuse or prescription drug diversion law as it
   90  relates to controlled substances. Before disclosing any
   91  information to a criminal justice agency, the Attorney General
   92  or his or her designee must take steps to ensure the continued
   93  confidentiality of all confidential and exempt information. At a
   94  minimum, these steps must include redacting or deleting all
   95  nonrelevant information. The Attorney General’s Medicaid fraud
   96  investigators may not have direct access to the department’s
   97  database.
   98         (b) The department’s relevant health care regulatory boards
   99  responsible for the licensure, regulation, or discipline of a
  100  practitioner, pharmacist, or other person who is authorized to
  101  prescribe, administer, or dispense controlled substances and who
  102  is involved in a specific controlled substances investigation
  103  for prescription drugs involving a designated person. The health
  104  care regulatory boards may request information from the
  105  department but may not have direct access to its database. The
  106  health care regulatory boards may provide such information to a
  107  law enforcement agency pursuant to ss. 456.066 and 456.073 only
  108  information that is relevant to the specific controlled
  109  substances investigation that prompted the request for the
  110  information. Before disclosing any information to a law
  111  enforcement agency, a healthcare regulatory board must take
  112  steps to ensure the continued confidentiality of all
  113  confidential and exempt information. At a minimum, these steps
  114  must include redacting or deleting all nonrelevant information.
  115         (c) A law enforcement agency that has initiated an active
  116  investigation involving a specific violation of law regarding
  117  prescription drug abuse or diversion of prescribed controlled
  118  substances and that has entered into a user agreement with the
  119  department as required under s. 893.055. The law enforcement
  120  agency may disclose to a criminal justice agency as defined in
  121  s. 119.011 only the confidential and exempt information received
  122  from the department which is relevant to a criminal justice
  123  agency as defined in s. 119.011 as part of an active
  124  investigation that prompted the request for the information that
  125  is specific to a violation of prescription drug abuse or
  126  prescription drug diversion law as it relates to controlled
  127  substances. Before disclosing any information to a criminal
  128  justice agency, a law enforcement agency must take steps to
  129  ensure the continued confidentiality of all confidential and
  130  exempt information. At a minimum, these steps must include
  131  redacting or deleting all nonrelevant information. A law
  132  enforcement agency may request information from the department
  133  but may not have direct access to its database.
  134         (d) A health care practitioner who certifies that the
  135  information is necessary to provide medical treatment to a
  136  current patient in accordance with ss. 893.05 and 893.055. A
  137  health care practitioner who receives a current patient’s
  138  confidential and exempt information under this subsection may
  139  disclose such information to the patient or the patient’s legal
  140  representative. Upon the patient’s or the legal representative’s
  141  written consent, the health care practitioner may place such
  142  information in the patient’s medical record, including
  143  electronic medical records, and may disclose such information
  144  subject to the requirements of s. 456.057.
  145         (e) A pharmacist who certifies that the requested
  146  information will be used to dispense controlled substances to a
  147  current patient in accordance with ss. 893.04 and 893.055.
  148         (f) A patient or the legal guardian or designated health
  149  care surrogate for an incapacitated patient, if applicable,
  150  making a request as provided in s. 893.055(7)(c)4.
  151         (g) The patient’s pharmacy, prescriber, or dispenser who
  152  certifies that the information is necessary to provide medical
  153  treatment to his or her current patient in accordance with s.
  154  893.055.
  155         (h) An impaired practitioner consultant who is retained by
  156  the department under s. 456.076 for the purpose of reviewing the
  157  controlled substance prescription history of a practitioner who
  158  has agreed to be evaluated or monitored by the consultant.
  159         (4) If the department determines that there exists a
  160  pattern of controlled substance abuse consistent with department
  161  rules for identifying indicators of such abuse, the department
  162  may provide a patient advisory report to an appropriate health
  163  care practitioner shall disclose such confidential and exempt
  164  information to the applicable law enforcement agency in
  165  accordance with s. 893.055(7)(f). The law enforcement agency may
  166  disclose the confidential and exempt information received from
  167  the department to a criminal justice agency as defined in s.
  168  119.011 as part of an active investigation that is specific to a
  169  violation of s. 893.13(7)(a)8., s. 893.13(8)(a), or s.
  170  893.13(8)(b).
  171         (5) An Any agency or person who obtains any such
  172  confidential and exempt information specified in pursuant to
  173  this section must maintain the confidential and exempt status of
  174  that information and may not disclose such information unless
  175  authorized under this section. Information shared with a state
  176  attorney pursuant to paragraph (3)(a) or paragraph (3)(c) may be
  177  released only in response to a discovery demand if such
  178  information is directly related to the criminal case for which
  179  the information was requested. Unrelated information may be
  180  released only upon an order of a court of competent jurisdiction
  181  as provided in s. 893.055(6)(c).
  182         (6) A Any person who willfully and knowingly violates this
  183  section commits a felony of the third degree, punishable as
  184  provided in s. 775.082, s. 775.083, or s. 775.084.
  185         (7) This section is subject to the Open Government Sunset
  186  Review Act in accordance with s. 119.15 and shall stand repealed
  187  on October 2, 2014, unless reviewed and saved from repeal
  188  through reenactment by the Legislature.
  189         Section 2. This act shall take effect July 1, 2014.