Florida Senate - 2017                                    SB 1844
       
       
        
       By Senator Bradley
       
       
       
       
       
       5-03019B-17                                           20171844__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         381.987, F.S.; providing an exemption from public
    4         records requirements for a qualifying patient’s or
    5         caregiver’s personal identifying information, all
    6         information contained on their compassionate use
    7         registry identification cards, and all information
    8         pertaining to a physician certification for marijuana;
    9         requiring the Department of Health to allow access to
   10         the compassionate use registry to a law enforcement
   11         agency, a medical marijuana treatment center, certain
   12         licensed practitioners, and certain employees of the
   13         department for specified purposes; extending the date
   14         of future review and repeal of the exemption;
   15         providing a statement of public necessity; providing a
   16         contingent effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 381.987, Florida Statutes, is amended to
   21  read:
   22         381.987 Public records exemption for personal identifying
   23  information in the compassionate use registry.—
   24         (1) A qualifying patient’s or a caregiver’s personal
   25  identifying information held by the department in the
   26  compassionate use registry established under s. 381.986,
   27  including, but not limited to, the qualifying patient’s name,
   28  address, telephone number, and government-issued identification
   29  number; all information contained on the qualifying patient’s or
   30  caregiver’s compassionate use registry identification card
   31  issued in accordance with s. 381.986;, and all information
   32  pertaining to a physician certification for marijuana the
   33  physician’s order for low-THC cannabis and the dispensing
   34  thereof are confidential and exempt from s. 119.07(1) and s.
   35  24(a), Art. I of the State Constitution.
   36         (2) A physician’s identifying information held by the
   37  department in the compassionate use registry established under
   38  s. 381.986, including, but not limited to, the physician’s name,
   39  address, telephone number, government-issued identification
   40  number, and Drug Enforcement Administration number, and all
   41  information pertaining to the physician certification for
   42  marijuana physician’s order for low-THC cannabis and the
   43  dispensing thereof are confidential and exempt from s. 119.07(1)
   44  and s. 24(a), Art. I of the State Constitution.
   45         (3) The department shall allow access to the registry,
   46  including access to confidential and exempt information, to:
   47         (a) A law enforcement agency to verify the authorization of
   48  a qualifying patient or a qualifying patient’s caregiver to
   49  possess marijuana or a marijuana delivery device that is
   50  investigating a violation of law regarding cannabis in which the
   51  subject of the investigation claims an exception established
   52  under s. 381.986.
   53         (b) A medical marijuana treatment center registered with
   54  dispensing organization approved by the department pursuant to
   55  s. 381.986 which is attempting to verify the authenticity of a
   56  physician certification physician’s order for marijuana low-THC
   57  cannabis, including whether the physician certification order
   58  had been previously filled and whether the physician
   59  certification order was written for the person attempting to
   60  have it filled.
   61         (c) A physician licensed under chapter 458 or chapter 459
   62  to ensure proper care for patients who has written an order for
   63  low-THC cannabis for the purpose of monitoring the patient’s use
   64  of such cannabis or for the purpose of determining, before
   65  issuing an order for low-THC cannabis, whether another physician
   66  has ordered the patient’s use of low-THC cannabis. The physician
   67  may access the confidential and exempt information only for the
   68  patient for whom he or she has ordered or is determining whether
   69  to order the use of low-THC cannabis pursuant to s. 381.986.
   70         (d) A practitioner licensed to prescribe prescription
   71  drugs, to ensure proper care for patients before prescribing
   72  medications that may interact with marijuana.
   73         (e) An employee of the department for the purposes of
   74  maintaining the registry and periodic reporting or disclosure of
   75  information that has been redacted to exclude personal
   76  identifying information.
   77         (f)An employee of the department for the purpose of
   78  monitoring physician registration in the compassionate use
   79  registry and the issuance of physician certifications as
   80  authorized in s. 381.986 for practices that could facilitate
   81  unlawful diversion or misuse of marijuana or cannabis delivery
   82  devices.
   83         (g)(e) The department’s relevant health care regulatory
   84  boards responsible for the licensure, regulation, or discipline
   85  of a physician if he or she is involved in a specific
   86  investigation of a violation of s. 381.986. If a health care
   87  regulatory board’s investigation reveals potential criminal
   88  activity, the board may provide any relevant information to the
   89  appropriate law enforcement agency.
   90         (h)(f) A person engaged in bona fide research if the person
   91  agrees:
   92         1. To submit a research plan to the department which
   93  specifies the exact nature of the information requested and the
   94  intended use of the information;
   95         2. To maintain the confidentiality of the records or
   96  information if personal identifying information is made
   97  available to the researcher;
   98         3. To destroy any confidential and exempt records or
   99  information obtained after the research is concluded; and
  100         4. Not to contact, directly or indirectly, for any purpose,
  101  a patient or physician whose information is in the registry.
  102         (4) All information released from the registry under
  103  subsection (3) remains confidential and exempt, and a person who
  104  receives access to such information must maintain the
  105  confidential and exempt status of the information received.
  106         (5) A person who willfully and knowingly violates this
  107  section commits a felony of the third degree, punishable as
  108  provided in s. 775.082, s. 775.083, or s. 775.084.
  109         (6) This section is subject to the Open Government Sunset
  110  Review Act in accordance with s. 119.15 and shall stand repealed
  111  on October 2, 2022 2019, unless reviewed and saved from repeal
  112  through reenactment by the Legislature.
  113         Section 2. The Legislature finds that it is a public
  114  necessity that the personal identifying information of
  115  qualifying patients who use marijuana for medical reasons and of
  116  these patients’ caregivers held by the Department of Health in
  117  the compassionate use registry established under s. 381.986,
  118  Florida Statutes, be made confidential and exempt from s.
  119  119.07(1), Florida Statutes, and s. 24(a), Article I of the
  120  State Constitution. Specifically, the Legislature finds that it
  121  is a public necessity to make confidential and exempt from
  122  public records requirements the names, addresses, telephone
  123  numbers, and government-issued identification numbers of a
  124  qualifying patient and the patient’s caregiver, any other
  125  information contained on the qualifying patient’s or caregiver’s
  126  compassionate use registry identification card issued pursuant
  127  to s. 381.986, Florida Statutes, and all information pertaining
  128  to a physician certification for marijuana issued in accordance
  129  with s. 381.986, Florida Statutes, which are held in the
  130  registry. The choice to use marijuana to treat a qualifying
  131  patient’s medical condition or symptom and the choice to assist
  132  a qualifying patient with the medical use of marijuana are
  133  personal and private matters. The availability of such
  134  information to the public could make the public aware of both
  135  the qualifying patient’s use of marijuana and the qualifying
  136  patient’s disease or other medical conditions for which the
  137  qualifying patient is using marijuana. The knowledge of the
  138  qualifying patient’s use of marijuana, the knowledge of the
  139  qualifying patient’s medical condition, and the knowledge that a
  140  caregiver is assisting a qualifying patient with the use of
  141  marijuana could be exploited to embarrass, harass, or
  142  discriminate against the qualifying patient and the patient’s
  143  caregiver and could also be used as a discriminatory tool by an
  144  employer who disapproves of the qualifying patient’s use of
  145  marijuana or the caregiver’s assistance in the use of marijuana.
  146  However, despite the potential hazards of collecting such
  147  information, maintaining the compassionate use registry
  148  established under s. 381.986, Florida Statutes, is necessary to
  149  prevent the diversion and nonmedical use of any marijuana as
  150  well as to aid and improve research done on the efficacy of
  151  marijuana. Thus, the Legislature finds that it is a public
  152  necessity to make confidential and exempt from public records
  153  requirements the personal identifying information of qualifying
  154  patients and caregivers held by the Department of Health in the
  155  compassionate use registry established under s. 381.986, Florida
  156  Statutes.
  157         Section 3. This act shall take effect on the same date that
  158  SB 406 or similar legislation takes effect, if such legislation
  159  is adopted in the same legislative session or an extension
  160  thereof and becomes a law.