HB 1017

1	A bill to be entitled
2	An act relating to public records; creating s. 893.0551,
3	F.S.; exempting from public records requirements
4	information and records reported to the Department of
5	Health under the electronic prescription drug validation
6	program for monitoring the prescribing and dispensing of
7	certain controlled substances; authorizing certain persons
8	and entities access to patient-identifying information;
9	providing guidelines for the use of such information and
10	penalties for violations; providing for future legislative
11	review and repeal; providing a finding of public
12	necessity; providing a contingent effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Section 893.0551, Florida Statutes, is created
17	to read:
18	893.0551  Electronic prescription drug validation program;
19	public records exemption.--
20	(1)  Identifying information, including, but not limited
21	to, the name, address, telephone number, insurance plan number,
22	social security number or government-issued identification
23	number, provider number, Drug Enforcement Administration number,
24	or any other unique identifying number, of a patient or
25	patient's agent, a health care practitioner, an employee of the
26	practitioner who is acting on behalf of and at the direction of
27	the practitioner, a pharmacist or pharmacist's agent, or a
28	pharmacy which is contained in records held by the department or
29	any other agency, as defined in s. 119.011(2), under s. 893.055,
30	the electronic prescription drug validation program for
31	monitoring the prescribing and dispensing of certain controlled
32	substances, is confidential and exempt from s. 119.07(1) and s.
33	24(a), Art. I of the State Constitution.
34	(2)  The department shall disclose such confidential and
35	exempt information to:
36	(a)  The Attorney General and his or her employees working
37	on Medicaid fraud cases involving prescription drugs or when he
38	or she has initiated a review of specific identifiers of
39	Medicaid fraud regarding prescription drugs.
40	(b)  Appropriate state and federal law enforcement agencies
41	during active investigations as defined in s. 119.011 of
42	potential criminal activity, fraud, or theft involving
43	prescription drugs.
44	(c)  The relevant health regulatory board responsible for
45	the licensure, regulation, or discipline of a practitioner,
46	pharmacist, or other person who is authorized to prescribe,
47	administer, or dispense controlled substances and who is
48	involved in a specific controlled substances investigation for
49	prescription drugs involving a designated person.
50	(d)  A criminal justice agency, as defined in s. 119.011,
51	but excluding the Department of Corrections and any civil court,
52	that enforces the laws of this state or the United States
53	relating to controlled substances and that has initiated an
54	investigation that is active, as defined in s. 119.011,
55	involving a specific violation of law regarding prescription
56	drug abuse or diversion of prescribed controlled substances.
57	Civil court and any other noncriminal, nonjuvenile justice
58	requests for information from the system are not permitted, even
59	if by court order.
60	(e)  Law enforcement personnel not described in paragraph
61	(d) during ongoing investigations as provided in s. 893.07.
62	(f)  A health care practitioner, or an employee of the
63	practitioner who is acting on behalf of and at the direction of
64	the practitioner, who requests such information and certifies
65	that the information is necessary to provide medical treatment
66	to a current patient in accordance with s. 893.05.
67	(g)  A pharmacist, as defined in s. 465.003, or a pharmacy
68	intern or pharmacy technician who is acting on behalf of and at
69	the direction of the pharmacist, who requests such information
70	and certifies that the requested information will be used to
71	dispense controlled substances to a current patient in
72	accordance with s. 893.04.
73	(h)  A patient who is identified in the Department of
74	Health's controlled prescription drug system upon a written
75	request for the purpose of verifying that information.
76	Independent confirmation of the patient's identity by the
77	Department of Health is authorized to prevent improper release
78	of information.
79	(i)  The patient's pharmacy, prescriber, and dispenser.
80	(j)  Employees of the Department of Health when requesting
81	data necessary for performance measures as provided in s.
82	893.055(8).
83	(3)  Any agency or person who obtains such confidential and
84	exempt information pursuant to this section must maintain the
85	confidential and exempt status of that information. However, a
86	criminal justice agency as provided in paragraph (2)(d) that has
87	lawful access to such information may disclose confidential and
88	exempt information received from the department to another
89	criminal justice agency as part of an investigation that is
90	active, as defined in s. 119.011, of a specific violation of
91	prescription drug abuse or prescription drug diversion law as it
92	relates to controlled substances.
93	(4)  Any person who willfully and knowingly violates this
94	section commits a felony of the third degree, punishable as
95	provided in s. 775.082, s. 775.083, or s. 775.084.
96	(5)  This section is subject to the Open Government Sunset
97	Review Act in accordance with s. 119.15 and shall stand repealed
98	on October 2, 2014, unless reviewed and saved from repeal
99	through reenactment by the Legislature.
100	Section 2.  The Legislature finds that it is a public
101	necessity that personal identifying information of a patient, a
102	practitioner, as defined in s. 893.02, Florida Statutes, or a
103	pharmacist, as defined in s. 465.003, Florida Statutes,
104	contained in records that are reported to the Department of
105	Health under s. 893.055, Florida Statutes, the electronic
106	validation system for the monitoring of the prescribing and
107	dispensing of controlled substances, be made confidential and
108	exempt from disclosure. Information concerning the prescriptions
109	that a patient has been prescribed is a private, personal matter
110	between the patient, the practitioner, and the pharmacist.
111	Nevertheless, reporting of prescriptions on a timely and
112	accurate basis by practitioners and dispensing physicians and
113	pharmacists will ensure the ability of the state to review and
114	provide oversight of prescribing and dispensing practices to
115	include dispensing physicians and other dispensing health care
116	practitioners. Further, the reporting of this information will
117	facilitate investigations and prosecutions of violations of
118	state drug laws by patients, practitioners, dispensing health
119	care practitioners, and pharmacists, thereby increasing
120	compliance with those laws. However, if in the process the
121	information that would identify a patient is not made
122	confidential and exempt from disclosure, any person could
123	inspect and copy the record and be aware of the patient's
124	prescriptions. The availability of such information to the
125	public would result in the invasion of the patient's privacy. If
126	the identity of the patient could be correlated with his or her
127	prescriptions, it would be possible for the public to become
128	aware of the diseases or other medical concerns for which a
129	patient is being treated by his or her physician. This knowledge
130	could be used to embarrass or to humiliate a patient or to
131	discriminate against him or her. Requiring the reporting of
132	prescribing information while protecting a patient's personal
133	identifying information will facilitate efforts to maintain
134	compliance with the state's drug laws and facilitate the sharing
135	of information between health care practitioners and pharmacists
136	while maintaining and ensuring patient privacy. Additionally,
137	exempting from disclosure the personal identifying information
138	of practitioners will ensure that an individual will not be able
139	to identify which practitioners prescribe the highest amount of
140	a particular type of drug and to seek those practitioners out in
141	order to increase the likelihood of obtaining a particular
142	prescribed substance. Further, protecting personal identifying
143	information of pharmacists ensures that an individual will not
144	be able to identify which pharmacists, pharmacies, or dispensing
145	health care practitioners dispense the largest amount of a
146	particular substance and target that pharmacy or dispensing
147	health care practitioner for robbery or burglary. Thus, the
148	Legislature finds that the personal identifying information of a
149	patient, a practitioner, as defined in s. 893.02, Florida
150	Statutes, or a pharmacist, as defined in s. 465.003, Florida
151	Statutes, contained in records reported under s. 893.055,
152	Florida Statutes, must be confidential and exempt from
153	disclosure.
154	Section 3.  This act shall take effect July 1, 2009, if HB
155	1015 or similar legislation establishing an electronic system to
156	monitor the prescribing and dispensing of controlled substances
157	is adopted in the same legislative session or an extension
158	thereof and becomes law.

CODING: Words stricken are deletions; words underlined are additions.