Florida Senate - 2017 (PROPOSED BILL) SPB 7006 FOR CONSIDERATION By the Committee on Health Policy 588-00561-17 20177006pb 1 A bill to be entitled 2 An act relating to the prescription drug monitoring 3 program; amending s. 893.055, F.S.; abrogating the 4 repeal of provisions authorizing the Department of 5 Health to establish a direct-support organization for 6 the prescription drug monitoring program; providing an 7 effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Subsection (11) of section 893.055, Florida 12 Statutes, is amended to read: 13 893.055 Prescription drug monitoring program.— 14 (11) The department may establish a direct-support 15 organization that has a board consisting of at least five 16 members to provide assistance, funding, and promotional support 17 for the activities authorized for the prescription drug 18 monitoring program. 19 (a) As used in this subsection, the term “direct-support 20 organization” means an organization that is: 21 1. A Florida corporation not for profit incorporated under 22 chapter 617, exempted from filing fees, and approved by the 23 Department of State. 24 2. Organized and operated to conduct programs and 25 activities; raise funds; request and receive grants, gifts, and 26 bequests of money; acquire, receive, hold, and invest, in its 27 own name, securities, funds, objects of value, or other 28 property, either real or personal; and make expenditures or 29 provide funding to or for the direct or indirect benefit of the 30 department in the furtherance of the prescription drug 31 monitoring program. 32 (b) The direct-support organization is not considered a 33 lobbying firm within the meaning of s. 11.045. 34 (c) The State Surgeon General shall appoint a board of 35 directors for the direct-support organization. Members of the 36 board shall serve at the pleasure of the State Surgeon General. 37 The State Surgeon General shall provide guidance to members of 38 the board to ensure that moneys received by the direct-support 39 organization are not received from inappropriate sources. 40 Inappropriate sources include, but are not limited to, donors, 41 grantors, persons, or organizations that may monetarily or 42 substantively benefit from the purchase of goods or services by 43 the department in furtherance of the prescription drug 44 monitoring program. 45 (d) The direct-support organization shall operate under 46 written contract with the department. The contract must, at a 47 minimum, provide for: 48 1. Approval of the articles of incorporation and bylaws of 49 the direct-support organization by the department. 50 2. Submission of an annual budget for the approval of the 51 department. 52 3. Certification by the department that the direct-support 53 organization is complying with the terms of the contract in a 54 manner consistent with and in furtherance of the goals and 55 purposes of the prescription drug monitoring program and in the 56 best interests of the state. Such certification must be made 57 annually and reported in the official minutes of a meeting of 58 the direct-support organization. 59 4. The reversion, without penalty, to the state of all 60 moneys and property held in trust by the direct-support 61 organization for the benefit of the prescription drug monitoring 62 program if the direct-support organization ceases to exist or if 63 the contract is terminated. 64 5. The fiscal year of the direct-support organization, 65 which must begin July 1 of each year and end June 30 of the 66 following year. 67 6. The disclosure of the material provisions of the 68 contract to donors of gifts, contributions, or bequests, 69 including such disclosure on all promotional and fundraising 70 publications, and an explanation to such donors of the 71 distinction between the department and the direct-support 72 organization. 73 7. The direct-support organization’s collecting, expending, 74 and providing of funds to the department for the development, 75 implementation, and operation of the prescription drug 76 monitoring program as described in this section and s. 2, 77 chapter 2009-198, Laws of Florida, as long as the task force is 78 authorized. The direct-support organization may collect and 79 expend funds to be used for the functions of the direct-support 80 organization’s board of directors, as necessary and approved by 81 the department. In addition, the direct-support organization may 82 collect and provide funding to the department in furtherance of 83 the prescription drug monitoring program by: 84 a. Establishing and administering the prescription drug 85 monitoring program’s electronic database, including hardware and 86 software. 87 b. Conducting studies on the efficiency and effectiveness 88 of the program to include feasibility studies as described in 89 subsection (13). 90 c. Providing funds for future enhancements of the program 91 within the intent of this section. 92 d. Providing user training of the prescription drug 93 monitoring program, including distribution of materials to 94 promote public awareness and education and conducting workshops 95 or other meetings, for health care practitioners, pharmacists, 96 and others as appropriate. 97 e. Providing funds for travel expenses. 98 f. Providing funds for administrative costs, including 99 personnel, audits, facilities, and equipment. 100 g. Fulfilling all other requirements necessary to implement 101 and operate the program as outlined in this section. 102 (e) The activities of the direct-support organization must 103 be consistent with the goals and mission of the department, as 104 determined by the department, and in the best interests of the 105 state. The direct-support organization must obtain a written 106 approval from the department for any activities in support of 107 the prescription drug monitoring program before undertaking 108 those activities. 109 (f) The department may permit, without charge, appropriate 110 use of administrative services, property, and facilities of the 111 department by the direct-support organization, subject to this 112 section. The use must be directly in keeping with the approved 113 purposes of the direct-support organization and may not be made 114 at times or places that would unreasonably interfere with 115 opportunities for the public to use such facilities for 116 established purposes. Any moneys received from rentals of 117 facilities and properties managed by the department may be held 118 in a separate depository account in the name of the direct 119 support organization and subject to the provisions of the letter 120 of agreement with the department. The letter of agreement must 121 provide that any funds held in the separate depository account 122 in the name of the direct-support organization must revert to 123 the department if the direct-support organization is no longer 124 approved by the department to operate in the best interests of 125 the state. 126 (g) The department may adopt rules under s. 120.54 to 127 govern the use of administrative services, property, or 128 facilities of the department or office by the direct-support 129 organization. 130 (h) The department may not permit the use of any 131 administrative services, property, or facilities of the state by 132 a direct-support organization if that organization does not 133 provide equal membership and employment opportunities to all 134 persons regardless of race, color, religion, gender, age, or 135 national origin. 136 (i) The direct-support organization shall provide for an 137 independent annual financial audit in accordance with s. 138 215.981. Copies of the audit shall be provided to the department 139 and the Office of Policy and Budget in the Executive Office of 140 the Governor. 141 (j) The direct-support organization may not exercise any 142 power under s. 617.0302(12) or (16). 143
(k) This subsection is repealed October 1, 2017, unless144 reviewed and saved from repeal by the Legislature.145 Section 2. This act shall take effect July 1, 2017.