Florida Senate - 2017 SENATOR AMENDMENT Bill No. CS for CS for SB 406 Ì538030nÎ538030 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Rouson moved the following: 1 Senate Amendment 2 3 Delete lines 612 - 676 4 and insert: 5 physical or electronic compassionate use registry identification 6 cards for patients and caregivers. The department may charge a 7 reasonable fee associated with the issuance and renewal of 8 patient and caregiver identification cards. The fee may not 9 exceed $75. Of each issuance or renewal fee, the department 10 shall allocate $10 to the Division of Research at Florida 11 Agricultural and Mechanical University for the purpose of 12 educating minorities about marijuana for medical use and for the 13 prevention of unlawful uses of marijuana. By October 3, 2017, 14 the department shall begin issuing identification cards to adult 15 patients who have a physician certification that meets the 16 requirements of subsection (3); patients under the age of 18 who 17 have a physician certification that meets the requirements of 18 subsection (3) and the written consent of a parent or legal 19 guardian; and caregivers registered pursuant to subsection (6). 20 1. Before issuing an identification card to a patient, the 21 department must determine that: 22 a. The patient is a permanent resident of the state or, for 23 a patient under the age of 18, the patient’s parent or legal 24 guardian is a permanent resident of the state. The patient, or 25 the parent or legal guardian of the patient, must prove 26 permanent residency by providing the department with a copy of a 27 valid Florida driver license or Florida identification card, a 28 copy of a utility bill in his or her name issued within the 29 prior 90 days which shows an address in this state, or a copy of 30 his or her Florida voter information card. 31 b. If the patient is not a permanent resident of the state: 32 (I) He or she is eligible to receive marijuana in his or 33 her state of permanent residence; and 34 (II) He or she will be remaining in this state for at least 35 3 consecutive months. 36 (A) An adult patient may provide the department with 37 documentation that may include, but is not limited to, a rental 38 agreement for a property in this state for period of at least 3 39 months, an employment contract based in this state which 40 indicates the employment is for a period of at least 3 months, 41 or a receipt for paid tuition at a school in this state for a 42 period of at least 3 months. 43 (B) A parent or legal guardian of a patient who is under 44 the age of 18 must provide documentation as described in sub 45 sub-sub-subparagraph (A) or in department rule and provide 46 additional documentation that the patient is his or her child or 47 ward. 48 49 The department shall adopt in rule a list of documents that a 50 patient may provide to qualify for an identification card under 51 this subparagraph. 52 2. Patient and caregiver identification cards must be 53 resistant to counterfeiting and tampering and must include at 54 least the following: 55 a. The name, address, and date of birth of the patient or 56 caregiver, as appropriate; 57 b. A full-face, passport-type, color photograph of the 58 patient or caregiver, as appropriate, taken within the 90 days 59 immediately preceding registration; 60 c. Designation of the cardholder as a patient or caregiver; 61 d. A unique identification number for the patient or 62 caregiver which is matched to the identification number used for 63 such person in the department’s compassionate use registry. A 64 caregiver’s identification number and file in the compassionate 65 use registry must be linked to the file of the patient or 66 patients the caregiver is assisting so that the caregiver’s 67 status may be verified for each patient individually; 68 e. The expiration date, which shall be 1 year after the 69 date of issuance of the identification card or the date 70 treatment ends, as provided in the patient’s physician 71 certification, whichever occurs first; and 72 f. For caregivers who are assisting three or fewer 73 qualifying patients, the name and identification number, or 74 names and identification numbers, of the qualifying patient or 75 patients that the caregiver is assisting. 76 3. Electronic patient and caregiver identification cards 77 must comply with the Health Insurance Portability and 78 Accountability Act (HIPAA) as it pertains to protected health 79 information and all other relevant state and federal privacy and 80 security laws and regulations. Such electronic cards must: 81 a. Contain the technology to automatically expire and be 82 remotely terminated by the department; 83 b. Collect timestamped, geotagged data to be uploaded in 84 real time into the compassionate use registry; and 85 c. Maintain compatibility with smartphone and web-based 86 platforms.