HOUSE AMENDMENT
                                                  Bill No. HB 35-E
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on State Administration offered the following:
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13         Amendment (with title amendment) 
14         On page 2, line 5 through page 4, line 29,
15  remove:  all of said lines
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17  and insert:  
18         Section 1.  Public records exemption.--
19         (1)  The following information held by the Department
20  of Health and contained in the department's electronic system
21  which monitors the prescribing of controlled substances is
22  exempt from the provisions of s. 119.07(1), Florida Statutes,
23  and s. 24(a), Art. I of the State Constitution:
24         (a)  The identity of a recipient of the monitored
25  controlled substances, if the recipient is not the patient,
26  and the recipient's driver's license number or other
27  identification number.
28         (b)  A practitioner's United States Drug Enforcement
29  Administration number.
30         (2)  The identity of a patient to whom a controlled
31  substance has been prescribed and such patient's address,
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    File original & 9 copies    05/01/02                          
    hsa0005                     11:37 am         E0035-sa  -572909

HOUSE AMENDMENT Bill No. HB 35-E Amendment No. ___ (for drafter's use only) 1 including the state and zip code, held by the Department of 2 Health pursuant to s. 893.065, Florida Statutes, and also 3 contained in the department's electronic system that monitors 4 the prescribing of controlled substances are confidential and 5 exempt from the provisions of s. 119.07(1), Florida Statutes, 6 and s. 24(a), Art. I of the State Constitution. The Department 7 of Health may disclose the patient's identity to the 8 following: 9 (a) A health care practitioner as defined in s. 10 456.001(4), Florida Statutes, who requests information and 11 certifies that the information is necessary to provide medical 12 or diagnostic treatment to a current patient. 13 (b) A pharmacist licensed in this state who requests 14 information and certifies that the requested information is to 15 be used to dispense controlled substances to a current patient 16 in accordance with s. 893.04, Florida Statutes. 17 (c) A criminal justice agency, as defined in s. 18 119.011, Florida Statutes, which enforces the laws of this 19 state or the United States relating to drugs and which is 20 engaged in a specific investigation involving a violation of 21 law. 22 23 A health care practitioner, pharmacist, or criminal justice 24 agency that obtains the identity of such patient must maintain 25 the confidential and exempt status of that patient's identity. 26 (3) Any person who violates this section commits a 27 misdemeanor of the first degree, punishable as provided in s. 28 775.082 or s. 775.083, Florida Statutes. A person who commits 29 a second or subsequent violation of this section commits a 30 felony of the third degree, punishable as provided in s. 31 775.082 or s. 775.083, Florida Statutes. 2 File original & 9 copies 05/01/02 hsa0005 11:37 am E0035-sa -572909
HOUSE AMENDMENT Bill No. HB 35-E Amendment No. ___ (for drafter's use only) 1 2 The exemptions in this section are subject to the Open 3 Government Sunset Review Act of 1995 in accordance with s. 4 119.15, Florida Statutes, and shall stand repealed on October 5 2, 2007, unless reviewed and saved from repeal through 6 reenactment by the Legislature. 7 Section 2. The Legislature finds that the public 8 records exemption created by this act is a public necessity in 9 order to facilitate the Department of Health's efforts to 10 maintain compliance with the state's drug laws by the accurate 11 and timely reporting by health care practitioners of potential 12 drug diversion without compromising a patient's, recipient's, 13 or health care practitioner's privacy. If a physician's 14 National Association of Board of Pharmacy number was made 15 available to the public, a person could illegally use such 16 number to call in or write his or her own prescriptions. Also, 17 a person could use such number to determine if a physician 18 regularly prescribes certain controlled substances that are 19 subject to abuse. Abusers of such substances could then 20 solicit the physician for prescriptions. The exemption for 21 personal identifying information regarding a patient or 22 recipient of certain controlled substances held by the 23 Department of Health facilitates the sharing of information 24 between health care practitioners and pharmacists in order to 25 appropriately identify and evaluate a patient's or recipient's 26 risk for drug diversion and the resulting abuse of controlled 27 substances without compromising the patient's or recipient's 28 privacy. The Legislature further finds that the exemption for 29 such information is a public necessity in order to protect a 30 patient's health-related information. Matters of personal 31 health are traditionally private and confidential concerns 3 File original & 9 copies 05/01/02 hsa0005 11:37 am E0035-sa -572909
HOUSE AMENDMENT Bill No. HB 35-E Amendment No. ___ (for drafter's use only) 1 between a patient and a health care provider. The private and 2 confidential nature of personal health matters pervades both 3 the public and private health care sectors. If the patient's 4 personal identifying information were not confidential and 5 exempt, then that patient's name would be connected to his or 6 her prescription. By connecting the patient's name to the 7 patient's prescription, a third party could then determine 8 that patient's medical condition, thereby intruding upon the 9 patient's right to privacy in matters regarding his or her 10 personal health. 11 Section 3. This act shall take effect July 1, 2002, if 12 HB 15-E or similar legislation is adopted in the same 13 legislative session or an extension thereof and becomes law. 14 15 16 ================ T I T L E A M E N D M E N T =============== 17 And the title is amended as follows: 18 On page 1, lines 5 and 6, 19 remove: all of said lines 20 21 and insert: 22 substances and a 23 24 25 26 27 28 29 30 31 4 File original & 9 copies 05/01/02 hsa0005 11:37 am E0035-sa -572909