Florida Senate - 2014 SB 862
By the Committee on Health Policy
588-01653A-14 2014862__
1 A bill to be entitled
2 An act relating to prescription drug monitoring;
3 amending s. 893.055, F.S.; defining and redefining
4 terms; revising provisions relating to the
5 comprehensive electronic database system and
6 prescription drug monitoring program maintained by the
7 Department of Health; requiring a law enforcement
8 agency to submit a court order as a condition of
9 direct access to information in the program; requiring
10 that the court order be predicated upon a showing of
11 reasonable suspicion of criminal activity, fraud, or
12 theft regarding prescribed controlled substances;
13 providing that the court order may be issued without
14 notice to the affected patients, subscribers, or
15 dispensers; authorizing the department to provide
16 relevant information that does not contain personal
17 identifying information if the program manager
18 determines a specified pattern exists; authorizing the
19 department to provide a patient advisory report to any
20 appropriate health care practitioner if the program
21 manager determines a specified pattern exists;
22 authorizing the law enforcement agency to use such
23 information to support a court order; authorizing the
24 department to fund the program with up to $500,000 of
25 funds generated under ch. 465, F.S.; authorizing the
26 department to seek federal or private funds to support
27 the program; repealing language creating a direct
28 support organization to fund the program; deleting
29 obsolete provisions; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Section 893.055, Florida Statutes, is amended to
34 read:
35 893.055 Prescription drug monitoring program.—
36 (1) As used in this section, the term:
37 (a) “Patient advisory report” or “advisory report” means
38 information provided by the department in writing, or as
39 determined by the department, to a prescriber, dispenser,
40 pharmacy, or patient concerning the dispensing of controlled
41 substances. All Advisory reports are for informational purposes
42 only and do not impose any obligation no obligations of any
43 nature or any legal duty on a prescriber, dispenser, pharmacy,
44 or patient. An advisory report The patient advisory report shall
45 be provided in accordance with s. 893.13(7)(a)8. The advisory
46 reports issued by the department is are not subject to discovery
47 or introduction into evidence in a any civil or administrative
48 action against a prescriber, dispenser, pharmacy, or patient
49 arising out of matters that are the subject of the report. A
50 department employee; and a person who participates in preparing,
51 reviewing, issuing, or any other activity related to an advisory
52 report is may not allowed be permitted or required to testify in
53 any such civil action as to any findings, recommendations,
54 evaluations, opinions, or other actions taken in connection with
55 preparing, reviewing, or issuing such a report.
56 (b) “Controlled substance” means a controlled substance
57 listed in Schedule II, Schedule III, or Schedule IV in s.
58 893.03.
59 (c) “Dispenser” means a pharmacy, dispensing pharmacist, or
60 dispensing health care practitioner, and includes a pharmacy,
61 dispensing pharmacist, or health care practitioner that is not
62 located in this state but is otherwise subject to the
63 jurisdiction of this state as to a particular dispensing
64 transaction.
65 (d) “Health care practitioner” or “practitioner” means a
66 any practitioner who is subject to licensure or regulation by
67 the department under chapter 458, chapter 459, chapter 461,
68 chapter 462, chapter 463, chapter 464, chapter 465, or chapter
69 466.
70 (e) “Health care regulatory board” means a any board for a
71 practitioner or health care practitioner who is licensed or
72 regulated by the department.
73 (f) “Pharmacy” means a any pharmacy that is subject to
74 licensure or regulation by the department under chapter 465 and
75 that dispenses or delivers a controlled substance to an
76 individual or address in this state.
77 (g) “Prescriber” means a prescribing physician, prescribing
78 practitioner, or other prescribing health care practitioner.
79 (h) “Active investigation” means an investigation that is
80 being conducted with a reasonable, good faith belief that it
81 will could lead to the filing of administrative, civil, or
82 criminal proceedings, or an investigation that is ongoing and
83 continuing and for which there is a reasonable, good faith
84 anticipation of securing an arrest or prosecution in the
85 foreseeable future.
86 (i) “Law enforcement agency” means the Department of Law
87 Enforcement, a Florida sheriff’s department, a Florida police
88 department, or a law enforcement agency of the Federal
89 Government which enforces the laws of this state or the United
90 States relating to controlled substances, and whose which its
91 agents and officers are empowered by law to conduct criminal
92 investigations and make arrests.
93 (j) “Program manager” means an employee of or a person
94 contracted by the Department of Health who is designated to
95 ensure the integrity of the prescription drug monitoring program
96 in accordance with the requirements established in paragraphs
97 (2)(a) and (b).
98 (k) “Dispense” or “dispensing” means the transfer of
99 possession of one or more doses of a medicinal drug by a health
100 care practitioner to the ultimate consumer or to the ultimate
101 consumer’s agent, including, but not limited to, a transaction
102 with a dispenser pursuant to chapter 465 and a dispensing
103 transaction to an individual or address in this state with a
104 dispenser that is located outside this state but is otherwise
105 subject to the jurisdiction of this state as to that dispensing
106 transaction.
107 (2)(a) The department shall maintain design and establish a
108 comprehensive electronic database system in order to collect and
109 store specified information from dispensed that has controlled
110 substance prescriptions and shall release information to
111 authorized recipients in accordance with subsection (6) and s.
112 893.0551 provided to it and that provides prescription
113 information to a patient’s health care practitioner and
114 pharmacist who inform the department that they wish the patient
115 advisory report provided to them. Otherwise, the patient
116 advisory report will not be sent to the practitioner, pharmacy,
117 or pharmacist. The system must shall be designed to provide
118 information regarding dispensed prescriptions of controlled
119 substances and shall not infringe upon the legitimate
120 prescribing or dispensing of a controlled substance by a
121 prescriber or dispenser acting in good faith and in the course
122 of professional practice and must. The system shall be
123 consistent with standards of the American Society for Automation
124 in Pharmacy (ASAP). The electronic system must shall also comply
125 with the Health Insurance Portability and Accountability Act
126 (HIPAA) as it pertains to protected health information (PHI),
127 electronic protected health information (EPHI), and all other
128 relevant state and federal privacy and security laws and
129 regulations. The department shall establish policies and
130 procedures as appropriate regarding the reporting, accessing the
131 database, evaluation, management, development, implementation,
132 operation, storage, and security of information within the
133 system. The reporting of prescribed controlled substances shall
134 include a dispensing transaction with a dispenser pursuant to
135 chapter 465 or through a dispensing transaction to an individual
136 or address in this state with a pharmacy that is not located in
137 this state but that is otherwise subject to the jurisdiction of
138 this state as to that dispensing transaction. The reporting of
139 patient advisory reports refers only to reports to patients,
140 pharmacies, and practitioners. Separate reports that contain
141 patient prescription history information and that are not
142 patient advisory reports are provided to persons and entities as
143 authorized in paragraphs (7)(b) and (c) and s. 893.0551.
144 (b) The department shall maintain the electronic system so
145 that a patient’s health care practitioner or pharmacist is able
146 to receive a patient advisory report upon request, when the
147 direct support organization receives at least $20,000 in
148 nonstate moneys or the state receives at least $20,000 in
149 federal grants for the prescription drug monitoring program,
150 shall adopt rules as necessary concerning the reporting,
151 accessing the database, evaluation, management, development,
152 implementation, operation, security, and storage of information
153 within the system, including rules for when patient advisory
154 reports are provided to pharmacies and prescribers. The patient
155 advisory report shall be provided in accordance with s.
156 893.13(7)(a)8. The department shall work with the professional
157 health care licensure boards, such as the Board of Medicine, the
158 Board of Osteopathic Medicine, and the Board of Pharmacy; other
159 appropriate organizations, such as the Florida Pharmacy
160 Association, the Florida Medical Association, the Florida Retail
161 Federation, and the Florida Osteopathic Medical Association,
162 including those relating to pain management; and the Attorney
163 General, the Department of Law Enforcement, and the Agency for
164 Health Care Administration to develop rules appropriate for the
165 prescription drug monitoring program.
166 (c) The department shall:
167 1. Establish policies and procedures and adopt rules
168 necessary to provide for access to and evaluation, management,
169 and operation of the electronic system.
170 2. Establish policies and procedures and adopt rules
171 necessary to provide for the reporting, storage, and security of
172 information within the electronic system, including:
173 a. Any additional information, other than the information
174 listed in subsection (3), which must be reported to the system.
175 b. The process by which dispensers must provide the
176 required information concerning each controlled substance that
177 it has dispensed in a secure methodology and format. Such
178 approved formats may include, but are not limited to, submission
179 via the Internet, on a disc, or by use of regular mail.
180 c. The process by which the department may approve an
181 extended period of time for a dispenser to report a dispensed
182 prescription to the system.
183 d. Procedures providing for reporting during a state
184 declared or nationally declared disaster.
185 e. Procedures for determining when a patient advisory
186 report is required to be provided to a pharmacy or prescriber.
187 f. Procedures for determining whether a request for
188 information under paragraph (6)(b) is authentic and authorized
189 by the requesting agency.
190 3. Cooperate with professional health care licensure
191 boards, such as the Board of Medicine, the Board of Osteopathic
192 Medicine, and the Board of Pharmacy; other appropriate
193 organizations, such as the Florida Pharmacy Association, the
194 Florida Medical Association, the Florida Retail Federation, the
195 Florida Osteopathic Medical Association, and those relating to
196 pain management; and the Attorney General, the Department of Law
197 Enforcement, and the Agency for Health Care Administration to
198 develop rules appropriate for the prescription drug monitoring
199 program All dispensers and prescribers subject to these
200 reporting requirements shall be notified by the department of
201 the implementation date for such reporting requirements.
202 4.(d) Cooperate The program manager shall work with
203 professional health care licensure boards and the stakeholders
204 listed in subparagraph 3. paragraph (b) to develop rules
205 appropriate for identifying indicators of controlled substance
206 abuse.
207 (3) The dispenser of The pharmacy dispensing the controlled
208 substance and each prescriber who directly dispenses a
209 controlled substance shall submit to the electronic system, by a
210 procedure and in a format established by the department and
211 consistent with an ASAP-approved format, the following
212 information for each prescription dispensed inclusion in the
213 database:
214 (a) The name of the prescribing practitioner, the
215 practitioner’s federal Drug Enforcement Administration
216 registration number, the practitioner’s National Provider
217 Identification (NPI) or other appropriate identifier, and the
218 date of the prescription.
219 (b) The date the prescription was filled and the method of
220 payment, such as cash by an individual, insurance coverage
221 through a third party, or Medicaid payment. This paragraph does
222 not authorize the department to include individual credit card
223 numbers or other account numbers in the database.
224 (c) The full name, address, and date of birth of the person
225 for whom the prescription was written.
226 (d) The name, national drug code, quantity, and strength of
227 the controlled substance dispensed.
228 (e) The full name, federal Drug Enforcement Administration
229 registration number, and address of the pharmacy or other
230 location from which the controlled substance was dispensed. If
231 the controlled substance was dispensed by a practitioner other
232 than a pharmacist, the practitioner’s full name, federal Drug
233 Enforcement Administration registration number, and address.
234 (f) The name of the pharmacy or practitioner, other than a
235 pharmacist, dispensing the controlled substance and the
236 practitioner’s National Provider Identification (NPI).
237 (g) Other appropriate identifying information as determined
238 by department rule.
239 (4) Each time a controlled substance is dispensed to an
240 individual, the information specified in subsection (3)
241 controlled substance shall be reported by the dispenser to the
242 department through the system using a department-approved
243 process as soon thereafter as possible, but not more than 7 days
244 after the date the controlled substance is dispensed unless an
245 extension is approved by the department. Costs to the dispenser
246 for submitting the information required by this section may not
247 be material or extraordinary. Costs not considered to be
248 material or extraordinary include, but are not limited to,
249 regular postage, electronic media, regular electronic mail, and
250 facsimile charges. A person who willfully and knowingly fails to
251 report the dispensing of a controlled substance as required by
252 this section commits a misdemeanor of the first degree,
253 punishable as provided in s. 775.082 or s. 775.083 for cause as
254 determined by rule. A dispenser must meet the reporting
255 requirements of this section by providing the required
256 information concerning each controlled substance that it
257 dispensed in a department-approved, secure methodology and
258 format. Such approved formats may include, but are not limited
259 to, submission via the Internet, on a disc, or by use of regular
260 mail.
261 (5) When the following acts of dispensing or administering
262 occur, The following acts are exempt from the reporting under
263 requirements of this section for that specific act of dispensing
264 or administration:
265 (a) The administration of A health care practitioner when
266 administering a controlled substance directly to a patient by a
267 health care practitioner if the amount of the controlled
268 substance is adequate to treat the patient during that
269 particular treatment session.
270 (b) The administration of A pharmacist or health care
271 practitioner when administering a controlled substance by a
272 health care practitioner to a patient or resident receiving care
273 as a patient at a hospital, nursing home, ambulatory surgical
274 center, hospice, or intermediate care facility for the
275 developmentally disabled which is licensed in this state.
276 (c) The administration or dispensing of A practitioner when
277 administering or dispensing a controlled substance by a health
278 care practitioner within in the health care system of the
279 Department of Corrections.
280 (d) The administration of A practitioner when administering
281 a controlled substance by a health care practitioner in the
282 emergency room of a licensed hospital.
283 (e) The administration or dispensing of A health care
284 practitioner when administering or dispensing a controlled
285 substance by a health care practitioner to a person under the
286 age of 16.
287 (f) The A pharmacist or a dispensing practitioner when
288 dispensing of a one-time, 72-hour emergency resupply of a
289 controlled substance by a dispenser to a patient.
290 (6) Confidential and exempt information in the prescription
291 drug monitoring program’s database may be released only as
292 provided in this subsection and s. 893.0551 The department may
293 establish when to suspend and when to resume reporting
294 information during a state-declared or nationally declared
295 disaster.
296 (7)(a) A practitioner or pharmacist who dispenses a
297 controlled substance must submit the information required by
298 this section in an electronic or other method in an ASAP format
299 approved by rule of the department unless otherwise provided in
300 this section. The cost to the dispenser in submitting the
301 information required by this section may not be material or
302 extraordinary. Costs not considered to be material or
303 extraordinary include, but are not limited to, regular postage,
304 electronic media, regular electronic mail, and facsimile
305 charges.
306 (a)(b) A pharmacy, prescriber, or dispenser shall have
307 access to information in the prescription drug monitoring
308 program’s database which relates to a patient of that pharmacy,
309 prescriber, or dispenser in a manner established by the
310 department as needed for the purpose of reviewing the patient’s
311 controlled substance prescription history. A prescriber or
312 dispenser acting in good faith is immune from any civil,
313 criminal, or administrative liability that might otherwise be
314 incurred or imposed for receiving or using information from the
315 prescription drug monitoring program. This subsection does not
316 create a private cause of action, and a person may not recover
317 damages against a prescriber or dispenser authorized to access
318 information under this subsection for accessing or failing to
319 access such information Other access to the program’s database
320 shall be limited to the program’s manager and to the designated
321 program and support staff, who may act only at the direction of
322 the program manager or, in the absence of the program manager,
323 as authorized. Access by the program manager or such designated
324 staff is for prescription drug program management only or for
325 management of the program’s database and its system in support
326 of the requirements of this section and in furtherance of the
327 prescription drug monitoring program. Confidential and exempt
328 information in the database shall be released only as provided
329 in paragraph (c) and s. 893.0551. The program manager,
330 designated program and support staff who act at the direction of
331 or in the absence of the program manager, and any individual who
332 has similar access regarding the management of the database from
333 the prescription drug monitoring program shall submit
334 fingerprints to the department for background screening. The
335 department shall follow the procedure established by the
336 Department of Law Enforcement to request a statewide criminal
337 history record check and to request that the Department of Law
338 Enforcement forward the fingerprints to the Federal Bureau of
339 Investigation for a national criminal history record check.
340 (b)(c) The following entities are shall not be allowed
341 direct access to information in the prescription drug monitoring
342 program database but may request from the program manager and,
343 when authorized by the program manager, the program manager’s
344 program and support staff, information that is confidential and
345 exempt under s. 893.0551. Before Prior to release, the request
346 by the following entities shall be verified as authentic and
347 authorized with the requesting organization by the program
348 manager or, the program manager’s program and support staff, or
349 as determined in rules by the department as being authentic and
350 as having been authorized by the requesting entity:
351 1. The department or its relevant health care regulatory
352 boards responsible for the licensure, regulation, or discipline
353 of practitioners, pharmacists, or other persons who are
354 authorized to prescribe, administer, or dispense controlled
355 substances and who are involved in a specific controlled
356 substance investigation involving a designated person for one or
357 more prescribed controlled substances.
358 2. The Attorney General for Medicaid fraud cases involving
359 prescribed controlled substances.
360 3. A law enforcement agency during active investigations
361 and pursuant to the submission of a court order issued by a
362 court of competent jurisdiction upon a showing of reasonable
363 suspicion of regarding potential criminal activity, fraud, or
364 theft regarding prescribed controlled substances. The court
365 order may be issued without notice to the affected patients,
366 prescribers, or dispensers.
367 4. A patient or the legal guardian or designated health
368 care surrogate of an incapacitated patient as described in s.
369 893.0551 who, for the purpose of verifying the accuracy of the
370 database information, submits a written and notarized request
371 that includes the patient’s full name, address, and date of
372 birth, and includes the same information if the legal guardian
373 or health care surrogate submits the request. If the patient’s
374 legal guardian or health care surrogate is the requestor, the
375 request shall be validated by the department to verify the
376 identity of the patient and the legal guardian or health care
377 surrogate, if the patient’s legal guardian or health care
378 surrogate is the requestor. Such verification is also required
379 for any request to change a patient’s prescription history or
380 other information related to his or her information in the
381 electronic database.
382
383 Information in or released from the prescription drug monitoring
384 program database for the electronic prescription drug monitoring
385 system is not discoverable or admissible in any civil or
386 administrative action, except in an investigation and
387 disciplinary proceeding by the department or the appropriate
388 regulatory board.
389 (c)(d) Other than the program manager and his or her
390 program or support staff as authorized in paragraph (d),
391 department staff are, for the purpose of calculating performance
392 measures pursuant to subsection (8), shall not be allowed direct
393 access to information in the prescription drug monitoring
394 program database but may request from the program manager and,
395 when authorized by the program manager, the program manager’s
396 program and support staff, information that does not contain
397 contains no identifying information of any patient, physician,
398 health care practitioner, prescriber, or dispenser and that is
399 not confidential and exempt for the purpose of calculating
400 performance measures pursuant to subsection (7).
401 (d) The program manager and designated support staff, upon
402 the direction of the program manager or as otherwise authorized
403 during the program manager’s absence, may access the
404 prescription drug monitoring program database only to manage the
405 program or to manage the program database and systems in support
406 of the requirements of this section or as established by the
407 department in rule pursuant to subparagraph (2)(c)4. The program
408 manager, designated program and support staff who act at the
409 direction of or in the absence of the program manager, and any
410 individual who has similar access regarding the management of
411 the database from the prescription drug monitoring program shall
412 submit fingerprints to the department for background screening.
413 The department shall follow the procedure established by the
414 Department of Law Enforcement to request a statewide criminal
415 history record check and to request that the Department of Law
416 Enforcement forward the fingerprints to the Federal Bureau of
417 Investigation for a national criminal history record check.
418 (e) If the program manager determines a pattern consistent
419 with the rules established under subparagraph (2)(c)4., the
420 department may provide:
421 1. A patient advisory report to an appropriate health care
422 practitioner; and
423 2. Relevant information that does not contain personal
424 identifying information to the applicable law enforcement
425 agency. A law enforcement agency may use such information to
426 support a court order pursuant to subparagraph (b)3.
427 (f)(e) All transmissions of data required by this section
428 must comply with relevant state and federal privacy and security
429 laws and regulations. However, an any authorized agency or
430 person under s. 893.0551 receiving such information as allowed
431 by s. 893.0551 may maintain the information received for up to
432 24 months before purging it from his or her records or maintain
433 it for longer than 24 months if the information is pertinent to
434 ongoing health care or an active law enforcement investigation
435 or prosecution.
436 (f) The program manager, upon determining a pattern
437 consistent with the rules established under paragraph (2)(d) and
438 having cause to believe a violation of s. 893.13(7)(a)8.,
439 (8)(a), or (8)(b) has occurred, may provide relevant information
440 to the applicable law enforcement agency.
441 (7)(8) To assist in fulfilling program responsibilities,
442 performance measures shall be reported annually to the Governor,
443 the President of the Senate, and the Speaker of the House of
444 Representatives by the department each December 1, beginning in
445 2011. Data that does not contain patient, physician, health care
446 practitioner, prescriber, or dispenser identifying information
447 may be requested during the year by department employees so that
448 the department may undertake public health care and safety
449 initiatives that take advantage of observed trends. Performance
450 measures may include, but are not limited to, efforts to achieve
451 the following outcomes:
452 (a) Reduction of the rate of inappropriate use of
453 prescription drugs through department education and safety
454 efforts.
455 (b) Reduction of the quantity of pharmaceutical controlled
456 substances obtained by individuals attempting to engage in fraud
457 and deceit.
458 (c) Increased coordination among partners participating in
459 the prescription drug monitoring program.
460 (d) Involvement of stakeholders in achieving improved
461 patient health care and safety and reduction of prescription
462 drug abuse and prescription drug diversion.
463 (9) Any person who willfully and knowingly fails to report
464 the dispensing of a controlled substance as required by this
465 section commits a misdemeanor of the first degree, punishable as
466 provided in s. 775.082 or s. 775.083.
467 (8)(10) Notwithstanding s. 456.025 and subject to the
468 General Appropriations Act, up to $500,000 of all costs incurred
469 by the department in administering the prescription drug
470 monitoring program may shall be funded through funds available
471 in the Medical Quality Assurance Trust Fund that are related to
472 the regulation of the practice of pharmacy under chapter 465.
473 The department also may apply for and receive federal grants or
474 private funding to fund the prescription drug monitoring program
475 except that the department may not receive funds provided,
476 directly or indirectly, by prescription drug manufacturers
477 applied for or received by the state. The department may not
478 commit state funds for the monitoring program if such funds are
479 necessary for the department’s regulation of the practice of
480 pharmacy under chapter 465 without ensuring funding is
481 available. The prescription drug monitoring program and the
482 implementation thereof are contingent upon receipt of the
483 nonstate funding. The department and state government shall
484 cooperate with the direct-support organization established
485 pursuant to subsection (11) in seeking federal grant funds,
486 other nonstate grant funds, gifts, donations, or other private
487 moneys for the department if the costs of doing so are not
488 considered material. Nonmaterial costs for this purpose include,
489 but are not limited to, the costs of mailing and personnel
490 assigned to research or apply for a grant. Notwithstanding the
491 exemptions to competitive-solicitation requirements under s.
492 287.057(3)(e), the department shall comply with the competitive
493 solicitation requirements under s. 287.057 for the procurement
494 of any goods or services required by this section. Funds
495 provided, directly or indirectly, by prescription drug
496 manufacturers may not be used to implement the program.
497 (11) The department may establish a direct-support
498 organization that has a board consisting of at least five
499 members to provide assistance, funding, and promotional support
500 for the activities authorized for the prescription drug
501 monitoring program.
502 (a) As used in this subsection, the term “direct-support
503 organization” means an organization that is:
504 1. A Florida corporation not for profit incorporated under
505 chapter 617, exempted from filing fees, and approved by the
506 Department of State.
507 2. Organized and operated to conduct programs and
508 activities; raise funds; request and receive grants, gifts, and
509 bequests of money; acquire, receive, hold, and invest, in its
510 own name, securities, funds, objects of value, or other
511 property, either real or personal; and make expenditures or
512 provide funding to or for the direct or indirect benefit of the
513 department in the furtherance of the prescription drug
514 monitoring program.
515 (b) The direct-support organization is not considered a
516 lobbying firm within the meaning of s. 11.045.
517 (c) The State Surgeon General shall appoint a board of
518 directors for the direct-support organization. Members of the
519 board shall serve at the pleasure of the State Surgeon General.
520 The State Surgeon General shall provide guidance to members of
521 the board to ensure that moneys received by the direct-support
522 organization are not received from inappropriate sources.
523 Inappropriate sources include, but are not limited to, donors,
524 grantors, persons, or organizations that may monetarily or
525 substantively benefit from the purchase of goods or services by
526 the department in furtherance of the prescription drug
527 monitoring program.
528 (d) The direct-support organization shall operate under
529 written contract with the department. The contract must, at a
530 minimum, provide for:
531 1. Approval of the articles of incorporation and bylaws of
532 the direct-support organization by the department.
533 2. Submission of an annual budget for the approval of the
534 department.
535 3. Certification by the department that the direct-support
536 organization is complying with the terms of the contract in a
537 manner consistent with and in furtherance of the goals and
538 purposes of the prescription drug monitoring program and in the
539 best interests of the state. Such certification must be made
540 annually and reported in the official minutes of a meeting of
541 the direct-support organization.
542 4. The reversion, without penalty, to the state of all
543 moneys and property held in trust by the direct-support
544 organization for the benefit of the prescription drug monitoring
545 program if the direct-support organization ceases to exist or if
546 the contract is terminated.
547 5. The fiscal year of the direct-support organization,
548 which must begin July 1 of each year and end June 30 of the
549 following year.
550 6. The disclosure of the material provisions of the
551 contract to donors of gifts, contributions, or bequests,
552 including such disclosure on all promotional and fundraising
553 publications, and an explanation to such donors of the
554 distinction between the department and the direct-support
555 organization.
556 7. The direct-support organization’s collecting, expending,
557 and providing of funds to the department for the development,
558 implementation, and operation of the prescription drug
559 monitoring program as described in this section and s. 2,
560 chapter 2009-198, Laws of Florida, as long as the task force is
561 authorized. The direct-support organization may collect and
562 expend funds to be used for the functions of the direct-support
563 organization’s board of directors, as necessary and approved by
564 the department. In addition, the direct-support organization may
565 collect and provide funding to the department in furtherance of
566 the prescription drug monitoring program by:
567 a. Establishing and administering the prescription drug
568 monitoring program’s electronic database, including hardware and
569 software.
570 b. Conducting studies on the efficiency and effectiveness
571 of the program to include feasibility studies as described in
572 subsection (13).
573 c. Providing funds for future enhancements of the program
574 within the intent of this section.
575 d. Providing user training of the prescription drug
576 monitoring program, including distribution of materials to
577 promote public awareness and education and conducting workshops
578 or other meetings, for health care practitioners, pharmacists,
579 and others as appropriate.
580 e. Providing funds for travel expenses.
581 f. Providing funds for administrative costs, including
582 personnel, audits, facilities, and equipment.
583 g. Fulfilling all other requirements necessary to implement
584 and operate the program as outlined in this section.
585 (e) The activities of the direct-support organization must
586 be consistent with the goals and mission of the department, as
587 determined by the department, and in the best interests of the
588 state. The direct-support organization must obtain a written
589 approval from the department for any activities in support of
590 the prescription drug monitoring program before undertaking
591 those activities.
592 (f) The department may permit, without charge, appropriate
593 use of administrative services, property, and facilities of the
594 department by the direct-support organization, subject to this
595 section. The use must be directly in keeping with the approved
596 purposes of the direct-support organization and may not be made
597 at times or places that would unreasonably interfere with
598 opportunities for the public to use such facilities for
599 established purposes. Any moneys received from rentals of
600 facilities and properties managed by the department may be held
601 in a separate depository account in the name of the direct
602 support organization and subject to the provisions of the letter
603 of agreement with the department. The letter of agreement must
604 provide that any funds held in the separate depository account
605 in the name of the direct-support organization must revert to
606 the department if the direct-support organization is no longer
607 approved by the department to operate in the best interests of
608 the state.
609 (g) The department may adopt rules under s. 120.54 to
610 govern the use of administrative services, property, or
611 facilities of the department or office by the direct-support
612 organization.
613 (h) The department may not permit the use of any
614 administrative services, property, or facilities of the state by
615 a direct-support organization if that organization does not
616 provide equal membership and employment opportunities to all
617 persons regardless of race, color, religion, gender, age, or
618 national origin.
619 (i) The direct-support organization shall provide for an
620 independent annual financial audit in accordance with s.
621 215.981. Copies of the audit shall be provided to the department
622 and the Office of Policy and Budget in the Executive Office of
623 the Governor.
624 (j) The direct-support organization may not exercise any
625 power under s. 617.0302(12) or (16).
626 (12) A prescriber or dispenser may have access to the
627 information under this section which relates to a patient of
628 that prescriber or dispenser as needed for the purpose of
629 reviewing the patient’s controlled drug prescription history. A
630 prescriber or dispenser acting in good faith is immune from any
631 civil, criminal, or administrative liability that might
632 otherwise be incurred or imposed for receiving or using
633 information from the prescription drug monitoring program. This
634 subsection does not create a private cause of action, and a
635 person may not recover damages against a prescriber or dispenser
636 authorized to access information under this subsection for
637 accessing or failing to access such information.
638 (9)(13) To the extent that funding is provided for such
639 purpose through federal or private grants or gifts and other
640 types of available moneys, the department shall study the
641 feasibility of enhancing the prescription drug monitoring
642 program for the purposes of public health initiatives and
643 statistical reporting that respects the privacy of the patient,
644 the prescriber, and the dispenser. Such a study shall be
645 conducted in order to further improve the quality of health care
646 services and safety by improving the prescribing and dispensing
647 practices for prescription drugs, taking advantage of advances
648 in technology, reducing duplicative prescriptions and the
649 overprescribing of prescription drugs, and reducing drug abuse.
650 The requirements of the National All Schedules Prescription
651 Electronic Reporting (NASPER) Act are authorized in order to
652 apply for federal NASPER funding. In addition, the direct
653 support organization shall provide funding for the department to
654 conduct training for health care practitioners and other
655 appropriate persons in using the monitoring program to support
656 the program enhancements.
657 (10)(14) A pharmacist, pharmacy, or dispensing health care
658 practitioner or his or her agent, Before releasing a controlled
659 substance to any person not known to him or her such dispenser,
660 the dispenser shall require the person purchasing, receiving, or
661 otherwise acquiring the controlled substance to present valid
662 photographic identification or other verification of his or her
663 identity to the dispenser. If the person does not have proper
664 identification, the dispenser may verify the validity of the
665 prescription and the identity of the patient with the prescriber
666 or his or her authorized agent. Verification of health plan
667 eligibility through a real-time inquiry or adjudication system
668 is will be considered to be proper identification. This
669 subsection does not apply in an institutional setting or to a
670 long-term care facility, including, but not limited to, an
671 assisted living facility or a hospital to which patients are
672 admitted. As used in this subsection, the term “proper
673 identification” means an identification that is issued by a
674 state or the Federal Government containing the person’s
675 photograph, printed name, and signature or a document considered
676 acceptable under 8 C.F.R. s. 274a.2(b)(1)(v)(A) and (B).
677 (15) The Agency for Health Care Administration shall
678 continue the promotion of electronic prescribing by health care
679 practitioners, health care facilities, and pharmacies under s.
680 408.0611.
681 (16) The department shall adopt rules pursuant to ss.
682 120.536(1) and 120.54 to administer the provisions of this
683 section, which shall include as necessary the reporting,
684 accessing, evaluation, management, development, implementation,
685 operation, and storage of information within the monitoring
686 program’s system.
687 Section 2. This act shall take effect July 1, 2014.