HB 0997 2003
1	CHAMBER ACTION
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6	The Committee on Health Care recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to public records; creating s. 893.0559,
12	F.S.; exempting from public records requirements
13	information and records reported to the Department of
14	Health under the electronic monitoring system for
15	prescription of controlled substances listed in Schedules
16	II-IV; authorizing certain persons and entities access to
17	patient and practitioner personal identifying information;
18	providing guidelines for the use of such information and
19	penalties for violations; providing a finding of public
20	necessity; providing for future legislative review and
21	repeal; providing a contingent effective date.
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23	Be It Enacted by the Legislature of the State of Florida:
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25	Section 1. Section 893.0559, Florida Statutes, is created
26	to read:
27	893.0559 Public records exemption for electronic
28	monitoring system for prescription of controlled substances
29	listed in Schedules II-IV.--
30	(1) All information and records reported under s. 893.055
31	that would identify a patient or practitioner are confidential
32	and exempt from the provisions of s. 119.07(1) and s. 24(a),
33	Art. I of the State Constitution. The confidentiality provisions
34	of this subsection are subject to the Open Government Sunset
35	Review Act of 1995, in accordance with s. 119.15 and shall stand
36	repealed on October 2, 2009, unless reviewed and saved from
37	repeal through reenactment by the Legislature.
38	(2) The department may disclose a patient's or
39	practitioner's identity in the information or records reported
40	under s. 893.055 whose identity is otherwise confidential and
41	exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
42	of the State Constitution, to the following:
43	(a) A practitioner defined under this chapter who requests
44	information and certifies that the information is necessary to
45	provide medical treatment in accordance with s. 893.05 to a
46	current patient, subject to the patient's written consent. The
47	practitioner may designate one person in his or her office to
48	access the information and records reported under s. 893.055 on
49	the practitioner's patients and provide information to the
50	practitioner as directed, subject to the patient's written
51	consent.
52	(b) A pharmacist licensed in this state, or a pharmacy
53	intern or pharmacy technician designated by the pharmacist, who
54	requests information and certifies that the requested
55	information is to be used to dispense controlled substances in
56	accordance with s. 893.04 to a current patient.
57	(c) A criminal justice agency defined under s. 119.011
58	which enforces the laws of this state or the United States
59	relating to drugs and which is engaged in a specific
60	investigation involving a violation of law. Any member of a
61	criminal justice agency receiving the information as authorized
62	in this section shall avoid unauthorized use or dissemination
63	thereof. Such member receiving the information may disclose its
64	contents to other persons to the extent that such disclosure is
65	appropriate to the proper performance of the official duties of
66	the member making or person receiving the disclosure.
67	(d) An employee or agent of the department who is involved
68	in a specific investigation involving a violation of the chapter
69	regulating the alleged violator, the rules of the department, or
70	the rules of a board regulating the alleged violator.
71	(e) An employee of the Agency for Health Care
72	Administration who is involved in an investigation related to
73	the agency's responsibility to control fraud and abuse in the
74	Medicaid program.
75	(f) The patient, for purposes of verifying the information
76	for accuracy and reporting any inaccuracies to the department
77	for correction if verified. The department shall establish, by
78	rule, the process to be used to verify requested corrections. A
79	patient may request from the department a copy of any record
80	contained in the electronic prescription monitoring system
81	relating to that patient by providing a written request to the
82	department and verifying his or her identity, as required in
83	rule of the department, and in accordance with any applicable
84	state or federal law. The cost associated with the
85	administration of this paragraph shall be recouped as provided
86	in rule of the department.
87	(3)(a) A person who obtains information under this section
88	may not use the information to his or her own personal advantage
89	or reveal any information obtained in the enforcement of law
90	except in a prosecution or administrative hearing for a
91	violation of state or federal law or, if applicable, to provide
92	medical treatment in accordance with s. 893.05 to a current
93	patient or to dispense controlled substances in accordance with
94	s. 893.04 to a current patient or to the patient for verifying
95	the accuracy of such information.
96	(b) Any person who knowingly violates this subsection
97	commits a felony of the third degree, punishable as provided in
98	s. 775.082 or s. 775.083.
99	(4) A practitioner or pharmacist authorized under this
100	section to obtain information is not liable for accessing or
101	failing to access such information.
102	(5) A practitioner, pharmacist, or other person or agency
103	that obtains information reported under s. 893.055 must maintain
104	the confidentiality of such information pursuant to ss. 456.057
105	and 465.017 or as otherwise required by law.
106	(6) The Legislature finds that it is a public necessity
107	that all information reported to the department under s. 893.055
108	be held confidential and exempt from disclosure because doing so
109	will facilitate efforts to maintain compliance with the state's
110	drug laws not only by patients through accurate and timely
111	reporting by health care practitioners and pharmacists of
112	potential drug diversion without compromising a patient's
113	privacy, with certain exceptions, but also by persons authorized
114	to prescribe or dispense controlled substances through oversight
115	review and investigation of improper prescribing and dispensing
116	practices. The exemption for a patient's identity in the
117	information or records reported under s. 893.055 facilitates the
118	sharing of information between health care practitioners and
119	pharmacists so that the practitioners and pharmacists may
120	appropriately identify and evaluate a patient's risk for drug
121	diversion and the resulting abuse of controlled substances
122	without compromising a patient's privacy. The Legislature
123	further finds that the exemption for records identifying a
124	patient or practitioner within information or records reported
125	to the department is a public necessity to protect health-
126	related information of a sensitive and personal nature. Matters
127	of personal health are traditionally private and confidential
128	concerns between a patient and a health care provider. The
129	private and confidential nature of personal health matters
130	pervades both the public and private health care sectors. For
131	these reasons, an individual's expectation of a right to privacy
132	in all matters regarding his or her personal health necessitates
133	such exemption. Information relating to practitioners
134	prescribing or dispensing controlled substances needs to be kept
135	confidential for criminal justice agencies and regulatory
136	agencies and departments to properly investigate potentially
137	improper prescribing or dispensing practices that indicate drug
138	diversion by such practitioners or contributing to drug
139	diversion by a patient without compromising the livelihood of
140	such practitioner with unsubstantiated charges of improper
141	dispensing or prescribing practice. For these reasons, a
142	practitioner's expectation of a right to privacy in the review
143	and investigation of unsubstantiated charges affecting his or
144	her livelihood necessitates such exemption.
145	Section 2. This act shall take effect July 1, 2004, if
146	House Bill 989 or similar legislation establishing an electronic
147	system to monitor the prescribing of controlled substances is
148	adopted in the same legislative session or an extension thereof
149	and becomes law.