Florida Senate - 2013 (Corrected Copy) SB 604
By Senator Bean
4-00173D-13 2013604__
1 A bill to be entitled
2 An act relating to practitioners; amending s. 401.34,
3 F.S.; reorganizing provisions relating to license fees
4 for certain practitioners; amending s. 456.076, F.S.;
5 providing that the Department of Financial Services
6 shall defend certain claims, suits, actions, or
7 proceedings for injunctive, affirmative, or
8 declaratory relief involving emergency interventions
9 on behalf of impaired practitioners; amending s.
10 893.055, F.S.; defining the term “impaired
11 practitioner consultant”; providing that impaired
12 practitioner consultants retained by the Department of
13 Health have access to information in the prescription
14 drug monitoring program’s database in certain
15 circumstances; amending s. 893.0551, F.S.; defining
16 the term “impaired practitioner consultant”; allowing
17 impaired practitioner consultants access to certain
18 confidential information in the prescription drug
19 monitoring program’s database when necessary to
20 evaluate or monitor a practitioner as part of a
21 treatment program for impaired practitioners;
22 providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Subsections (2) through (7) of section 401.34,
27 Florida Statutes, are redesignated as subsections (3) through
28 (8), respectively, subsection (1) of that section is amended,
29 and a new subsection (2) is added, to read:
30 401.34 Fees.—
31 (1) Each organization or person subject to this part must
32 pay to the department the following nonrefundable fees:
33 (a) Basic life support service license application: $660,
34 to be paid biennially.
35 (b) Advanced life support service license application:
36 $1,375, to be paid biennially.
37 (c) Original or renewal vehicle permit application for
38 basic or advanced life support: $25, to be paid biennially.
39 (d) Air ambulance service application: $1,375, to be paid
40 biennially.
41 (e) Original or renewal aircraft permit application for air
42 ambulance: $25, to be paid biennially.
43 (2) Each person subject to this part must pay to the
44 department the following nonrefundable fees, and these fees must
45 be deposited into the Medical Quality Assurance Trust Fund:
46 (a)(d) Emergency medical technician certification
47 examination application: $40.
48 (b)(e) Emergency medical technician original certificate
49 application: $35.
50 (c)(f) Emergency medical technician renewal certificate
51 application: $20, to be paid biennially.
52 (d)(g) Paramedic certification examination application:
53 $40.
54 (e)(h) Paramedic original certificate application: $45.
55 (f)(i) Paramedic renewal certificate application: $45, to
56 be paid biennially.
57 (j) Air ambulance service application: $1,375, to be paid
58 biennially.
59 (k) Original or renewal aircraft permit application for air
60 ambulance: $25, to be paid biennially.
61 Section 2. Paragraph (b) of subsection (7) of section
62 456.076, Florida Statutes, is amended to read:
63 456.076 Treatment programs for impaired practitioners.—
64 (7)
65 (b) In accordance with s. 284.385, the Department of
66 Financial Services shall defend any claim, suit, action, or
67 proceeding, including a claim, suit, action, or proceeding for
68 injunctive, affirmative, or declaratory relief, against the
69 consultant, the consultant’s officers or employees, or those
70 acting at the direction of the consultant for the limited
71 purpose of an emergency intervention on behalf of a licensee or
72 student as described in subsection (2) when the consultant is
73 unable to perform such intervention, which claim, suit, action,
74 or proceeding is brought as a result of an any act or omission
75 by any of the consultant’s officers and employees and those
76 acting under the direction of the consultant for the limited
77 purpose of an emergency intervention on behalf of the a licensee
78 or student as described in subsection (2) when the consultant is
79 unable to perform such intervention, if the when such act or
80 omission arises out of and is in the scope of the consultant’s
81 duties under its contract with the department.
82 Section 3. Paragraphs (f) through (j) of subsection (1) of
83 section 893.055, Florida Statutes, are redesignated as
84 paragraphs (g) through (k), respectively, a new paragraph (f) is
85 added to that subsection, and paragraph (b) of subsection (7) of
86 that section is amended, to read:
87 893.055 Prescription drug monitoring program.—
88 (1) As used in this section, the term:
89 (f) “Impaired practitioner consultant” means a consultant
90 retained by the department under s. 456.076.
91 (7)
92 (b)1. A pharmacy, prescriber, or dispenser shall have
93 access to information in the prescription drug monitoring
94 program’s database which relates to a patient of that pharmacy,
95 prescriber, or dispenser in a manner established by the
96 department as needed for the purpose of reviewing the patient’s
97 controlled substance prescription history.
98 2. An impaired practitioner consultant who is retained by
99 the department shall have access to information in the
100 prescription drug monitoring program’s database, in a manner
101 established by the department, if:
102 a. The impaired practitioner has a documented or has
103 acknowledged history of controlled substance abuse.
104 b. The impaired practitioner agrees in writing to be
105 evaluated and monitored through the prescription drug monitoring
106 program.
107 c. The impaired practitioner consultant has access to only
108 those records of impaired practitioners who have provided
109 written consent.
110 3. Other access to the program’s database shall be limited
111 to the program’s manager and to the designated program and
112 support staff, who may act only at the direction of the program
113 manager or, in the absence of the program manager, as
114 authorized. Access by the program manager or such designated
115 staff is for prescription drug program management only or for
116 management of the program’s database and its system in support
117 of the requirements of this section and in furtherance of the
118 prescription drug monitoring program. Confidential and exempt
119 information in the database shall be released only as provided
120 in paragraph (c) and s. 893.0551. The program manager,
121 designated program and support staff who act at the direction of
122 or in the absence of the program manager, and any individual who
123 has similar access regarding the management of the database from
124 the prescription drug monitoring program shall submit
125 fingerprints to the department for background screening. The
126 department shall follow the procedure established by the
127 Department of Law Enforcement to request a statewide criminal
128 history record check and to request that the Department of Law
129 Enforcement forward the fingerprints to the Federal Bureau of
130 Investigation for a national criminal history record check.
131 Section 4. Paragraphs (e) through (h) of subsection (1) of
132 section 893.0551, Florida Statutes, are redesignated as
133 paragraphs (f) through (i), respectively, a new paragraph (e) is
134 added to that subsection, and paragraph (h) is added to
135 subsection (3) of that section, to read:
136 893.0551 Public records exemption for the prescription drug
137 monitoring program.—
138 (1) For purposes of this section, the term:
139 (e) “Impaired practitioner consultant” has the same meaning
140 as provided in s. 893.055.
141 (3) The department shall disclose such confidential and
142 exempt information to the following entities after using a
143 verification process to ensure the legitimacy of that person’s
144 or entity’s request for the information:
145 (h) An impaired practitioner consultant who certifies in
146 writing that the information is necessary to evaluate or monitor
147 a practitioner as part of a treatment program for impaired
148 practitioners.
149 Section 5. This act shall take effect July 1, 2013.