Florida Senate - 2017 SB 1844
By Senator Bradley
5-03019B-17 20171844__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 381.987, F.S.; providing an exemption from public
4 records requirements for a qualifying patient’s or
5 caregiver’s personal identifying information, all
6 information contained on their compassionate use
7 registry identification cards, and all information
8 pertaining to a physician certification for marijuana;
9 requiring the Department of Health to allow access to
10 the compassionate use registry to a law enforcement
11 agency, a medical marijuana treatment center, certain
12 licensed practitioners, and certain employees of the
13 department for specified purposes; extending the date
14 of future review and repeal of the exemption;
15 providing a statement of public necessity; providing a
16 contingent effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 381.987, Florida Statutes, is amended to
21 read:
22 381.987 Public records exemption for personal identifying
23 information in the compassionate use registry.—
24 (1) A qualifying patient’s or a caregiver’s personal
25 identifying information held by the department in the
26 compassionate use registry established under s. 381.986,
27 including, but not limited to, the qualifying patient’s name,
28 address, telephone number, and government-issued identification
29 number; all information contained on the qualifying patient’s or
30 caregiver’s compassionate use registry identification card
31 issued in accordance with s. 381.986;, and all information
32 pertaining to a physician certification for marijuana the
33 physician’s order for low-THC cannabis and the dispensing
34 thereof are confidential and exempt from s. 119.07(1) and s.
35 24(a), Art. I of the State Constitution.
36 (2) A physician’s identifying information held by the
37 department in the compassionate use registry established under
38 s. 381.986, including, but not limited to, the physician’s name,
39 address, telephone number, government-issued identification
40 number, and Drug Enforcement Administration number, and all
41 information pertaining to the physician certification for
42 marijuana physician’s order for low-THC cannabis and the
43 dispensing thereof are confidential and exempt from s. 119.07(1)
44 and s. 24(a), Art. I of the State Constitution.
45 (3) The department shall allow access to the registry,
46 including access to confidential and exempt information, to:
47 (a) A law enforcement agency to verify the authorization of
48 a qualifying patient or a qualifying patient’s caregiver to
49 possess marijuana or a marijuana delivery device that is
50 investigating a violation of law regarding cannabis in which the
51 subject of the investigation claims an exception established
52 under s. 381.986.
53 (b) A medical marijuana treatment center registered with
54 dispensing organization approved by the department pursuant to
55 s. 381.986 which is attempting to verify the authenticity of a
56 physician certification physician’s order for marijuana low-THC
57 cannabis, including whether the physician certification order
58 had been previously filled and whether the physician
59 certification order was written for the person attempting to
60 have it filled.
61 (c) A physician licensed under chapter 458 or chapter 459
62 to ensure proper care for patients who has written an order for
63 low-THC cannabis for the purpose of monitoring the patient’s use
64 of such cannabis or for the purpose of determining, before
65 issuing an order for low-THC cannabis, whether another physician
66 has ordered the patient’s use of low-THC cannabis. The physician
67 may access the confidential and exempt information only for the
68 patient for whom he or she has ordered or is determining whether
69 to order the use of low-THC cannabis pursuant to s. 381.986.
70 (d) A practitioner licensed to prescribe prescription
71 drugs, to ensure proper care for patients before prescribing
72 medications that may interact with marijuana.
73 (e) An employee of the department for the purposes of
74 maintaining the registry and periodic reporting or disclosure of
75 information that has been redacted to exclude personal
76 identifying information.
77 (f) An employee of the department for the purpose of
78 monitoring physician registration in the compassionate use
79 registry and the issuance of physician certifications as
80 authorized in s. 381.986 for practices that could facilitate
81 unlawful diversion or misuse of marijuana or cannabis delivery
82 devices.
83 (g)(e) The department’s relevant health care regulatory
84 boards responsible for the licensure, regulation, or discipline
85 of a physician if he or she is involved in a specific
86 investigation of a violation of s. 381.986. If a health care
87 regulatory board’s investigation reveals potential criminal
88 activity, the board may provide any relevant information to the
89 appropriate law enforcement agency.
90 (h)(f) A person engaged in bona fide research if the person
91 agrees:
92 1. To submit a research plan to the department which
93 specifies the exact nature of the information requested and the
94 intended use of the information;
95 2. To maintain the confidentiality of the records or
96 information if personal identifying information is made
97 available to the researcher;
98 3. To destroy any confidential and exempt records or
99 information obtained after the research is concluded; and
100 4. Not to contact, directly or indirectly, for any purpose,
101 a patient or physician whose information is in the registry.
102 (4) All information released from the registry under
103 subsection (3) remains confidential and exempt, and a person who
104 receives access to such information must maintain the
105 confidential and exempt status of the information received.
106 (5) A person who willfully and knowingly violates this
107 section commits a felony of the third degree, punishable as
108 provided in s. 775.082, s. 775.083, or s. 775.084.
109 (6) This section is subject to the Open Government Sunset
110 Review Act in accordance with s. 119.15 and shall stand repealed
111 on October 2, 2022 2019, unless reviewed and saved from repeal
112 through reenactment by the Legislature.
113 Section 2. The Legislature finds that it is a public
114 necessity that the personal identifying information of
115 qualifying patients who use marijuana for medical reasons and of
116 these patients’ caregivers held by the Department of Health in
117 the compassionate use registry established under s. 381.986,
118 Florida Statutes, be made confidential and exempt from s.
119 119.07(1), Florida Statutes, and s. 24(a), Article I of the
120 State Constitution. Specifically, the Legislature finds that it
121 is a public necessity to make confidential and exempt from
122 public records requirements the names, addresses, telephone
123 numbers, and government-issued identification numbers of a
124 qualifying patient and the patient’s caregiver, any other
125 information contained on the qualifying patient’s or caregiver’s
126 compassionate use registry identification card issued pursuant
127 to s. 381.986, Florida Statutes, and all information pertaining
128 to a physician certification for marijuana issued in accordance
129 with s. 381.986, Florida Statutes, which are held in the
130 registry. The choice to use marijuana to treat a qualifying
131 patient’s medical condition or symptom and the choice to assist
132 a qualifying patient with the medical use of marijuana are
133 personal and private matters. The availability of such
134 information to the public could make the public aware of both
135 the qualifying patient’s use of marijuana and the qualifying
136 patient’s disease or other medical conditions for which the
137 qualifying patient is using marijuana. The knowledge of the
138 qualifying patient’s use of marijuana, the knowledge of the
139 qualifying patient’s medical condition, and the knowledge that a
140 caregiver is assisting a qualifying patient with the use of
141 marijuana could be exploited to embarrass, harass, or
142 discriminate against the qualifying patient and the patient’s
143 caregiver and could also be used as a discriminatory tool by an
144 employer who disapproves of the qualifying patient’s use of
145 marijuana or the caregiver’s assistance in the use of marijuana.
146 However, despite the potential hazards of collecting such
147 information, maintaining the compassionate use registry
148 established under s. 381.986, Florida Statutes, is necessary to
149 prevent the diversion and nonmedical use of any marijuana as
150 well as to aid and improve research done on the efficacy of
151 marijuana. Thus, the Legislature finds that it is a public
152 necessity to make confidential and exempt from public records
153 requirements the personal identifying information of qualifying
154 patients and caregivers held by the Department of Health in the
155 compassionate use registry established under s. 381.986, Florida
156 Statutes.
157 Section 3. This act shall take effect on the same date that
158 SB 406 or similar legislation takes effect, if such legislation
159 is adopted in the same legislative session or an extension
160 thereof and becomes a law.