Florida Senate - 2014 SENATOR AMENDMENT
Bill No. HB 7177
Ì488238HÎ488238
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R . Floor: SENA1/CA
04/24/2014 04:53 PM . 05/02/2014 02:31 PM
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Senator Bean moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 97 - 146
4 and insert:
5 (c) A law enforcement agency that has initiated an active
6 investigation involving a specific violation of law regarding
7 prescription drug abuse or diversion of prescribed controlled
8 substances and that has entered into a user agreement with the
9 department. A law enforcement agency may request information
10 from the department but may not have direct access to its
11 database. The law enforcement agency may disclose to a criminal
12 justice agency, as defined in s. 119.011, only the confidential
13 and exempt information received from the department that is
14 relevant to a criminal justice agency as defined in s. 119.011
15 as part of an identified active investigation that prompted the
16 request for such information is specific to a violation of
17 prescription drug abuse or prescription drug diversion law as it
18 relates to controlled substances. A law enforcement agency may
19 request information from the department but may not have direct
20 access to its database.
21 (d) A health care practitioner who certifies that the
22 information is necessary to provide medical treatment to a
23 current patient in accordance with ss. 893.05 and 893.055.
24 (e) A pharmacist who certifies that the requested
25 information will be used to dispense controlled substances to a
26 current patient in accordance with ss. 893.04 and 893.055.
27 (f) A patient or the legal guardian or designated health
28 care surrogate for an incapacitated patient, if applicable,
29 making a request as provided in s. 893.055(7)(c)4.
30 (g) The patient's pharmacy, prescriber, or dispenser who
31 certifies that the information is necessary to provide medical
32 treatment to his or her current patient in accordance with s.
33 893.055.
34 (h) An impaired practitioner consultant who is retained by
35 the department under s. 456.076 for the purpose of reviewing the
36 controlled substance prescription history of a practitioner who
37 has agreed to be evaluated or monitored by the consultant. An
38 impaired practitioner consultant may request information from
39 the department but may not have direct access to the database.
40 (4) If the department determines consistent with its rules
41 that a pattern of controlled substance abuse exists, the
42 department may shall disclose such confidential and exempt
43 information to the applicable law enforcement agency in
44 accordance with s. 893.055(7)(f). The law enforcement agency may
45 disclose to a criminal justice agency, as defined in s. 119.011,
46 only the confidential and exempt information received from the
47 department that is relevant to a criminal justice agency as
48 defined in s. 119.011 as part of an identified active
49 investigation that is specific to a violation of s.
50 893.13(7)(a)8., s. 893.13(8)(a), or s. 893.13(8)(b).
51 (5) Before disclosing confidential and exempt information
52 to a criminal justice agency or a law enforcement agency
53 pursuant to this section, the disclosing person or entity must
54 take steps to ensure the continued confidentiality of all
55 confidential and exempt information. At a minimum, these steps
56 must include redacting any nonrelevant information.
57 (6)(5) An Any agency or person who obtains any such
58 confidential and exempt information pursuant to this section
59 must maintain the confidential and exempt status of that
60 information and may not disclose such information unless
61 authorized by law. Information shared with a state attorney
62 pursuant to paragraph (3)(a) or paragraph (3)(c) may be released
63 only in response to a discovery demand if such information is
64 directly related to the criminal case for which the information
65 was requested. Unrelated information may be released only upon
66 an order of a court of competent jurisdiction.
67
68
69
70 ================= T I T L E A M E N D M E N T ================
71 And the title is amended as follows:
72 Delete lines 12 - 20
73 and insert:
74 requiring a law enforcement agency to enter into a
75 user agreement before such agency may receive
76 information from the prescription drug monitoring
77 database; authorizing certain impaired practitioner
78 consultants indirect access to information for a
79 specified purpose; requiring the Attorney General,
80 health care regulatory boards, and law enforcement
81 agencies to take certain steps to ensure the continued
82 confidentiality of all nonrelevant confidential and
83 exempt information before disclosing such information;
84 authorizing the department to disclose, under certain
85 circumstances, relevant information to a law
86 enforcement agency, rather than requiring the
87 department to disclose confidential and exempt
88 information; prohibiting an agency or person who
89 obtains specified confidential and exempt information
90 from disclosing such information except under certain
91 circumstances; saving the
92