Florida Senate - 2013 SENATOR AMENDMENT
Bill No. CS/CS/HB 1159, 1st Eng.
Barcode 531668
LEGISLATIVE ACTION
Senate . House
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Floor: 1b/RE/3R .
05/03/2013 11:10 AM .
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Senator Grimsley moved the following:
1 Senate Amendment to Amendment (566056) (with title
2 amendment)
3
4 Between lines 164 and 165
5 insert:
6 Section 86. Paragraph (b) of subsection (2), subsection
7 (10), and paragraph (c) of subsection (11) of section 893.055,
8 Florida Statutes, is amended to read:
9 893.055 Prescription drug monitoring program.—
10 (2)
11 (b) The department, when the direct support organization
12 receives at least $20,000 in nonstate moneys or the state
13 receives at least $20,000 in federal grants for the prescription
14 drug monitoring program, shall adopt rules as necessary
15 concerning the reporting, accessing the database, evaluation,
16 management, development, implementation, operation, security,
17 and storage of information within the system, including rules
18 for when patient advisory reports are provided to pharmacies and
19 prescribers. The patient advisory report shall be provided in
20 accordance with s. 893.13(7)(a)8. The department shall work with
21 the professional health care licensure boards, such as the Board
22 of Medicine, the Board of Osteopathic Medicine, and the Board of
23 Pharmacy; other appropriate organizations, such as the Florida
24 Pharmacy Association, the Florida Medical Association, the
25 Florida Retail Federation, and the Florida Osteopathic Medical
26 Association, including those relating to pain management; and
27 the Attorney General, the Department of Law Enforcement, and the
28 Agency for Health Care Administration to develop rules
29 appropriate for the prescription drug monitoring program.
30 (10) All costs incurred by the department in administering
31 the prescription drug monitoring program shall be funded through
32 state funds, federal grants, or private funding applied for or
33 received by the state. The department may not commit funds for
34 the monitoring program without ensuring funding is available.
35 The prescription drug monitoring program and the implementation
36 thereof are contingent upon receipt of the nonstate funding. The
37 department and state government shall cooperate with the direct
38 support organization established pursuant to subsection (11) in
39 seeking state funds, federal grant funds, other nonstate grant
40 funds, gifts, donations, or other private moneys for the
41 department if so long as the costs of doing so are not
42 considered material. Nonmaterial costs for this purpose include,
43 but are not limited to, the costs of mailing and personnel
44 assigned to research or apply for a grant. Notwithstanding the
45 exemptions to competitive-solicitation requirements under s.
46 287.057(3)(f), the department shall comply with the competitive
47 solicitation requirements under s. 287.057 for the procurement
48 of any goods or services required by this section. Funds
49 provided, directly or indirectly, by prescription drug
50 manufacturers may not be used to implement the program.
51 (11) The department may establish a direct-support
52 organization that has a board consisting of at least five
53 members to provide assistance, funding, and promotional support
54 for the activities authorized for the prescription drug
55 monitoring program.
56 (c) The State Surgeon General shall appoint a board of directors
57 for the direct-support organization. Members of the board shall
58 serve at the pleasure of the State Surgeon General. The State
59 Surgeon General shall provide guidance to members of the board
60 to ensure that moneys received by the direct-support
61 organization are not received from inappropriate sources.
62 Inappropriate sources include, but are not limited to, donors,
63 grantors, persons, or organizations, or pharmaceutical
64 companies, that may monetarily or substantively benefit from the
65 purchase of goods or services by the department in furtherance
66 of the prescription drug monitoring program.
67
68 ================= T I T L E A M E N D M E N T ================
69 And the title is amended as follows:
70 Delete line 187
71 and insert:
72 expedited review; amending s. 893.055, F.S.; deleting
73 obsolete provisions; deleting a provision that
74 prohibits funds from prescription drug manufacturers
75 to be used to implement the prescription drug
76 monitoring program; authorizing the prescription drug
77 monitoring program to be funded by state funds;
78 revising the sources of money which are inappropriate
79 for the direct-support organization of the
80 prescription drug monitoring program to receive;
81 providing an effective date.