| 1 | A bill to be entitled | 
| 2 | An act relating to public records; creating s. 893.056, | 
| 3 | F.S.; exempting from public-records requirements | 
| 4 | information and records reported to the Department of | 
| 5 | Health under the electronic-monitoring system for | 
| 6 | prescription of controlled substances listed in Schedules | 
| 7 | II-IV; authorizing certain persons and entities access to | 
| 8 | personal identifying information of a patient; providing | 
| 9 | guidelines for the use of such information and penalties | 
| 10 | for violations; providing for future legislative review | 
| 11 | and repeal; providing a finding of public necessity; | 
| 12 | providing a contingent effective date. | 
| 13 | 
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| 14 | Be It Enacted by the Legislature of the State of Florida: | 
| 15 | 
 | 
| 16 | Section 1.  Section 893.056, Florida Statutes, is created | 
| 17 | to read: | 
| 18 | 893.056  Public-records exemption for the electronic- | 
| 19 | monitoring system for prescription of controlled substances | 
| 20 | listed in Schedules II-IV.-- | 
| 21 | (1)  Personal identifying information of a patient, a | 
| 22 | practitioner as defined in s. 893.02, or a pharmacist as defined | 
| 23 | in s. 465.003, which is contained in records held by the | 
| 24 | Department of Health under s. 893.055, the electronic-monitoring | 
| 25 | system for prescription of controlled substances, is | 
| 26 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I | 
| 27 | of the State Constitution. | 
| 28 | (2)  The Department of Health shall disclose such | 
| 29 | confidential and exempt information to: | 
| 30 | (a)  The Agency for Health Care Administration when it has | 
| 31 | initiated a review of specific identifiers of Medicaid fraud and | 
| 32 | abuse. | 
| 33 | (b)  A criminal justice agency as defined in s. 119.011, | 
| 34 | which enforces the laws of this state or the United States | 
| 35 | relating to controlled substances and which has initiated an | 
| 36 | active investigation involving a specific violation of law. | 
| 37 | (c)  A practitioner as defined in s. 893.02, or an employee | 
| 38 | of the practitioner who is acting on behalf of and at the | 
| 39 | direction of the practitioner, who requests such information and | 
| 40 | certifies that the information is necessary to provide medical | 
| 41 | treatment to a current patient in accordance with s. 893.05, | 
| 42 | subject to that patient's written consent. | 
| 43 | (d)  A pharmacist as defined in s. 465.003, or a pharmacy | 
| 44 | intern or pharmacy technician who is acting on behalf of and at | 
| 45 | the direction of the pharmacist, who requests such information | 
| 46 | and certifies that the requested information will be used to | 
| 47 | dispense controlled substances to a current patient in | 
| 48 | accordance with s. 893.04. | 
| 49 | (e)  The patient who is identified in the record upon a | 
| 50 | written request for the purpose of verifying that information. | 
| 51 | (3)  Any agency that obtains such confidential and exempt | 
| 52 | information pursuant to this section must maintain the | 
| 53 | confidential and exempt status of that information; however, the | 
| 54 | Agency for Health Care Administration or a criminal justice | 
| 55 | agency with lawful access to such information may disclose | 
| 56 | confidential and exempt information received from the Department | 
| 57 | of Health to a criminal justice agency as part of an active | 
| 58 | investigation of a specific violation of law. | 
| 59 | (4)  Any person who willfully and knowingly violates this | 
| 60 | section commits a felony of the third degree, punishable as | 
| 61 | provided in s. 775.082 or s. 775.083. | 
| 62 | (5)  This section is subject to the Open Government Sunset | 
| 63 | Review Act of 1995 in accordance with s. 119.15, and shall stand | 
| 64 | repealed on October 2, 2011, unless reviewed and saved from | 
| 65 | repeal through reenactment by the Legislature. | 
| 66 | Section 2.  The Legislature finds that it is a public | 
| 67 | necessity that personal identifying information of a patient, a | 
| 68 | practitioner as defined in s. 893.02, Florida Statutes, or a | 
| 69 | pharmacist as defined in s. 465.003, Florida Statutes, contained | 
| 70 | in records that are reported to the Department of Health under | 
| 71 | s. 893.055, Florida Statutes, the electronic-monitoring system | 
| 72 | for prescription of controlled substances, be made confidential | 
| 73 | and exempt. Information concerning the prescriptions that a | 
| 74 | patient has been prescribed is a private, personal matter | 
| 75 | between the patient, the practitioner, and the pharmacist. | 
| 76 | Nevertheless, reporting of prescriptions on a timely and | 
| 77 | accurate basis by practitioners and pharmacists will ensure the | 
| 78 | ability of the state to review and provide oversight of | 
| 79 | prescribing and dispensing practices. Further, the reporting of | 
| 80 | this information will facilitate investigations and prosecutions | 
| 81 | of violations of state drug laws by patients, practitioners, or | 
| 82 | pharmacists, thereby increasing compliance with those laws. If, | 
| 83 | in the process, however, the information that would identify a | 
| 84 | patient is not made confidential and exempt, any person could | 
| 85 | inspect and copy the record and be aware of the prescriptions | 
| 86 | that a patient has been prescribed. The availability of such | 
| 87 | information to the public would result in the invasion of the | 
| 88 | patient's privacy. If the identity of the patient could be | 
| 89 | correlated with his or her prescriptions, it would be possible | 
| 90 | for the public to become aware of the diseases or other medical | 
| 91 | concerns that a patient is being treated for by his or her | 
| 92 | physician. This knowledge could be used to embarrass or to | 
| 93 | humiliate a patient or to discriminate against him or her. | 
| 94 | Requiring the reporting of prescribing information, while | 
| 95 | protecting a patient's personal identifying information, will | 
| 96 | facilitate efforts to maintain compliance with the state's drug | 
| 97 | laws and will facilitate the sharing of information between | 
| 98 | health care practitioners and pharmacists, while maintaining and | 
| 99 | ensuring patient privacy. Additionally, exempting personal | 
| 100 | identifying information of doctors and pharmacists will ensure | 
| 101 | that an individual will not be able to "doctor-shop," that is to | 
| 102 | determine which doctors prescribe the highest amount of a | 
| 103 | particular type of drug and to seek those doctors out in order | 
| 104 | to increase the likelihood of obtaining a particular prescribed | 
| 105 | substance. Further, protecting personal identifying information | 
| 106 | of pharmacists ensures that an individual will not be able to | 
| 107 | identify which pharmacists dispense the largest amount of a | 
| 108 | particular substance and target that pharmacy for robbery or | 
| 109 | burglary. Thus, the Legislature finds that personal identifying | 
| 110 | information of a patient, a practitioner as defined in s. | 
| 111 | 893.02, Florida Statutes, or a pharmacist as defined in s. | 
| 112 | 465.003, Florida Statutes, contained in records reported under | 
| 113 | s. 893.055, Florida Statutes, must be confidential and exempt | 
| 114 | from disclosure. | 
| 115 | Section 3.  This act shall take effect July 1, 2006, if | 
| 116 | House Bill 913, or similar legislation establishing an | 
| 117 | electronic system to monitor the prescribing of controlled | 
| 118 | substances, is adopted in the same legislative session or an | 
| 119 | extension thereof and becomes law. |