Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. SB 6-A
       
       
       
       
       
       
                                Ì398496cÎ398496                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: WD/2R          .                                
             06/08/2017 06:07 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Brandes moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 381.987, Florida Statutes, is repealed.
    6         Section 2. Section 381.9982, Florida Statutes, is created
    7  to read:
    8         381.9982 Public records exemption for personal identifying
    9  information relating to medical marijuana held by the
   10  department.—
   11         (1) The following information is confidential and exempt
   12  from s. 119.07(1) and s. 24(a), Art. I of the State
   13  Constitution:
   14         (a) A qualifying patient’s or caregiver’s personal
   15  identifying information held by the department in the medical
   16  marijuana patient registry established under s. 381.994,
   17  including, but not limited to, the patient’s or caregiver’s
   18  name, photograph, identification number or other information
   19  contained on the qualifying patient’s or caregiver’s medical
   20  marijuana patient registry identification card, and all
   21  information relating to a physician certification or the
   22  administration of marijuana.
   23         (b) All personal identifying information collected for the
   24  purpose of issuing a patient’s or caregiver’s medical marijuana
   25  patient registry identification card issued pursuant to s.
   26  381.993.
   27         (c)All personal identifying information pertaining to the
   28  physician certification and the dispensing of marijuana held by
   29  the department, including, but not limited to, information
   30  related to the patient’s diagnosis, exception requests to the
   31  daily dose amount limit, and the qualified patient’s experience
   32  related to the medical use of marijuana.
   33         (d)A certifying physician’s Drug Enforcement
   34  Administration number.
   35         (2)The department shall allow access to the confidential
   36  and exempt information in the medical marijuana patient registry
   37  to:
   38         (a)A law enforcement agency that is investigating a
   39  violation of law regarding marijuana as authorized in s.
   40  381.994(2)(c).
   41         (b)A medical marijuana treatment center approved by the
   42  department pursuant to s. 381.985 which is attempting to verify
   43  the authenticity of a physician certification for marijuana,
   44  including whether the certification had been previously filled
   45  and whether the certification was issued for the person
   46  attempting to have it filled, except for information related to
   47  the patient’s diagnosis.
   48         (c)A physician who has issued a certification for
   49  marijuana for the purpose of monitoring the patient’s use of
   50  such marijuana or for the purpose of determining, before issuing
   51  a certification for marijuana, whether another physician has
   52  issued a certification for the patient’s use of marijuana. The
   53  physician may access the confidential and exempt information
   54  only for the patient for whom he or she has issued a
   55  certification or is determining whether to issue a certification
   56  for the use of marijuana pursuant to s. 381.993.
   57         (d)A practitioner licensed to prescribe prescription
   58  medications to ensure proper care of a patient before
   59  prescribing medication to that patient which may interact with
   60  marijuana.
   61         (e)An employee of the department for the purposes of
   62  maintaining the registry and periodic reporting or disclosure of
   63  information that has been redacted to exclude personal
   64  identifying information.
   65         (f) An employee of the department for the purposes of
   66  reviewing physician registration and the issuance of physician
   67  certifications to monitor practices that could facilitate
   68  unlawful diversion or the misuse of marijuana or a marijuana
   69  delivery device.
   70         (g)The department’s relevant health care regulatory boards
   71  responsible for the licensure, regulation, or discipline of a
   72  physician if he or she is involved in a specific investigation
   73  of a violation of ss. 381.99-381.9981. If a health care
   74  regulatory board’s investigation reveals potential criminal
   75  activity, the board may provide any relevant information to the
   76  appropriate law enforcement agency.
   77         (h) A person engaged in bona fide research if the person
   78  agrees:
   79         1.To submit a research plan to the department which
   80  specifies the exact nature of the information requested and the
   81  intended use of the information;
   82         2.To maintain the confidentiality of the records or
   83  information if personal identifying information is made
   84  available to the researcher;
   85         3.To destroy any confidential and exempt records or
   86  information obtained after the research is concluded; and
   87         4.Not to contact, directly or indirectly, for any purpose,
   88  a patient or physician whose information is in the registry.
   89         (3)All information released by the department under
   90  subsection (2) remains confidential and exempt, and a person who
   91  is provided access to such information must maintain the
   92  confidential and exempt status of the information received.
   93         (4)A person who willfully and knowingly violates this
   94  section commits a felony of the third degree, punishable as
   95  provided in s. 775.082 or s. 775.083.
   96         (5)This section is subject to the Open Government Sunset
   97  Review Act in accordance with s. 119.15 and shall stand repealed
   98  on October 2, 2022, unless reviewed and saved from repeal
   99  through reenactment by the Legislature.
  100         Section 3. The Legislature finds that it is a public
  101  necessity that personal identifying information of patients,
  102  caregivers, and physicians collected for purposes of issuing a
  103  medical marijuana patient registry identification card issued
  104  under s. 381.993, Florida Statutes, held by the Department of
  105  Health in the medical marijuana patient registry established
  106  under s. 381.994, Florida Statutes, be made confidential and
  107  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  108  Article I of the State Constitution. The Legislature further
  109  finds that it is a public necessity to make confidential and
  110  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  111  Article I of the State Constitution all personal identifying
  112  information, including, but not limited to, information related
  113  to the qualifying patient’s diagnosis, exception requests to the
  114  daily dose amount limit, and the qualifying patient’s experience
  115  related to the medical use of marijuana held in the medical
  116  marijuana patient registry or by the department which pertains
  117  to a physician certification for marijuana and the dispensing
  118  thereof pursuant to s. 381.995, Florida Statutes. The choice
  119  made by a physician to certify, and by his or her patient to
  120  use, marijuana to treat the patient’s medical condition or
  121  symptoms and the choice made by a caregiver to assist a
  122  qualifying patient with the medical use of marijuana is a
  123  personal and private matter between such parties. The
  124  availability of such information could make the public aware of
  125  both the patient’s use of marijuana and the patient’s diseases
  126  or other medical conditions for which the patient is using
  127  marijuana. The knowledge of the patient’s use of marijuana, the
  128  knowledge that the physician certified the use of marijuana, the
  129  knowledge of the patient’s diseases or other medical conditions,
  130  and the knowledge that a caregiver is assisting a patient with
  131  the medical use of marijuana could be used to embarrass,
  132  humiliate, harass, or discriminate against the patient, the
  133  caregiver, or the physician. This information could be used as a
  134  discriminatory tool by an employer who disapproves of the
  135  patient’s use of marijuana, the caregiver’s assistance in the
  136  use of marijuana, or the physician certification of such use.
  137  However, despite the potential hazards of collecting such
  138  information, maintaining the medical marijuana patient registry
  139  established under s. 381.994, Florida Statutes, and collecting
  140  information pertaining to the physician certification for
  141  marijuana is necessary to prevent the diversion and nonmedical
  142  use of marijuana as well as to aid and improve research on the
  143  efficacy of marijuana. Therefore, the Legislature finds that it
  144  is a public necessity to make confidential and exempt from
  145  public records requirements the personal identifying information
  146  of patients, caregivers, and physicians held by the Department
  147  of Health in the medical marijuana patient registry established
  148  under s. 381.994, Florida Statutes, and all personal identifying
  149  information held in the registry or by the department that
  150  pertains to a physician certification for marijuana and the
  151  dispensing thereof pursuant to s. 381.986, Florida Statutes.
  152         Section 4. This act shall take effect on the same date that
  153  SB 8A or similar legislation takes effect, if such legislation
  154  is adopted in the same legislative session or an extension
  155  thereof and becomes a law.
  156  
  157  ================= T I T L E  A M E N D M E N T ================
  158  And the title is amended as follows:
  159         Delete everything before the enacting clause
  160  and insert:
  161                        A bill to be entitled                      
  162         An act relating to public records; repealing s.
  163         381.987, F.S., relating to a public records exemption
  164         for personal identifying information in the medical
  165         marijuana patient registry; creating s. 381.9982,
  166         F.S.; exempting from public records requirements
  167         personal identifying information of patients,
  168         caregivers, and physicians held by the Department of
  169         Health in the medical marijuana patient registry and
  170         personal identifying information related to the
  171         physician certification for marijuana and the
  172         dispensing thereof held by the department; authorizing
  173         specified persons and entities access to the exempt
  174         information; requiring that information released from
  175         the registry or the department remain confidential and
  176         exempt; providing a criminal penalty; providing for
  177         future legislative review and repeal of the exemption;
  178         providing a statement of public necessity; providing a
  179         contingent effective date.