Florida Senate - 2009                CS for CS for CS for SB 462
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       Judiciary; and Health Regulation; and Senator Fasano
       
       
       
       585-03922-09                                           2009462c3
    1                        A bill to be entitled                      
    2         An act relating to prescription drugs; creating s.
    3         893.055, F.S.; providing definitions; requiring the
    4         Department of Health to establish a comprehensive
    5         electronic database system to monitor the prescribing
    6         and dispensing of certain controlled substances;
    7         requiring specified prescribing and dispensing
    8         information to be reported to the electronic database
    9         system; requiring the department, in conjunction with
   10         specified organizations, to adopt by rule a
   11         reasonable-person standard appropriate for the
   12         prescription drug monitoring program; providing
   13         reporting requirements; providing a reporting period;
   14         providing exemptions from participation in the system;
   15         authorizing the department to establish when to
   16         suspend and when to resume reporting requirements
   17         during declared emergencies; requiring all nonexempt,
   18         dispensing pharmacists and practitioners to submit
   19         information in a specified format; providing that the
   20         cost to the dispenser in submitting the required
   21         information may not be material or extraordinary;
   22         specifying costs that are not material or
   23         extraordinary; providing access to information
   24         reported to the system under certain circumstances;
   25         providing for the use of data for specified purposes;
   26         providing requirements for verification of information
   27         requested; requiring data transmission to comply with
   28         state and federal privacy and security laws;
   29         authorizing an agency or person to maintain the data
   30         for a specified period if the data is pertinent to
   31         ongoing health care or an active law enforcement
   32         investigation or prosecution; requiring the annual
   33         reporting of certain performance measures to the
   34         Governor and Legislature; providing performance
   35         measure criteria; providing criminal penalties for
   36         violations; requiring that all costs incurred by the
   37         department for the program be funded through federal
   38         grants or available private funding sources; providing
   39         requirements for seeking funding and procuring goods
   40         or services; authorizing the Office of Drug Control,
   41         in coordination with the department, to establish a
   42         direct-support organization; providing a definition;
   43         providing for a board of directors appointed by the
   44         director of the office; requiring the director to
   45         provide guidance to the board regarding acceptance of
   46         moneys from appropriate sources; requiring the direct
   47         support organization to operate under written contract
   48         with the office; providing contract requirements;
   49         providing requirements for the direct-support
   50         organization’s collecting, expending, and providing of
   51         funds; requiring department approval of activities of
   52         the direct-support organization; authorizing the
   53         office to adopt rules for the use of certain
   54         facilities and services; providing for audits;
   55         prohibiting the direct-support organization from
   56         exercising certain powers; establishing that a
   57         prescriber or dispenser is not liable for good faith
   58         use of the department-provided controlled substance
   59         prescription information of a patient; requiring the
   60         department, in collaboration with the office, to study
   61         the feasibility of enhancing the prescription drug
   62         monitoring program for specified purposes to the
   63         extent that funding is provided for such purpose;
   64         requiring certain persons to present specified
   65         identification in order to obtain controlled
   66         substances; providing for recordkeeping for certain
   67         transactions; requiring the Agency for Health Care
   68         Administration to continue implementation of
   69         electronic prescribing and an electronic prescribing
   70         clearinghouse; requiring the department to adopt
   71         rules; establishing a Program Implementation and
   72         Oversight Task Force; providing for membership;
   73         providing for reimbursement of certain member
   74         expenses; providing for meetings; providing the
   75         purpose of the task force; requiring reports to the
   76         Governor and Legislature; providing for the creation,
   77         membership, and duties of subcommittees; providing for
   78         a final report and the termination of the task force;
   79         amending ss. 458.309 and 459.005, F.S.; requiring
   80         certain physicians who engage in pain management to
   81         register their clinics with the department; requiring
   82         the department to inspect each facility; providing for
   83         exceptions; requiring the physician seeking to
   84         register the clinic to pay the costs of registration
   85         and inspection or accreditation; requiring the Board
   86         of Medicine and the Board of Osteopathic Medicine to
   87         adopt rules setting forth standards of practice for
   88         certain physicians who engage in pain management;
   89         providing criteria for the rules; providing an
   90         effective date.
   91  
   92         WHEREAS, as has been advocated by numerous pain management
   93  experts, addiction medicine experts, pharmacists, and law
   94  enforcement personnel, a prescription drug monitoring program
   95  that provides for reporting and advisory information and other
   96  specified information is established pursuant to this act to
   97  serve as a means to promote the public health and welfare and to
   98  detect and prevent controlled substance abuse and diversion, and
   99         WHEREAS, while the importance and necessity of the proper
  100  prescribing, dispensing, and monitoring of controlled
  101  substances, particularly pain medication, have been established,
  102  controlled prescription drugs are too often diverted in this
  103  state, often through fraudulent means, including outright theft,
  104  phony pharmacy fronts, loose Internet medical evaluations, and
  105  inappropriate importation; in addition, there is a criminal
  106  element that facilitates the prescription drug abuse epidemic
  107  through illegal profitmaking from the diversion of certain
  108  controlled substances that are prescribed or dispensed by
  109  physicians, health care practitioners, and pharmacists, and
  110         WHEREAS, in 2007, 8,620 drug-related deaths occurred in
  111  this state, 3,159 of which were caused by prescription drugs, an
  112  average of nearly 9 Floridians dying each day from prescription
  113  drugs; Schedule IV benzodiazepines, such as Xanax and Valium,
  114  were found to be present in more drug-related deaths than
  115  cocaine; and opiate pain medications were found to be
  116  contributing to the increasing numbers of drug-related deaths,
  117  and
  118         WHEREAS, pharmaceutical drug diversion hurts this state
  119  significantly in terms of lost lives, increased crime, human
  120  misery from addiction, and ballooning health care costs
  121  connected to treatment, medical expenses, and Medicaid fraud
  122  that all Floridians ultimately bear, and
  123         WHEREAS, the intent of this act is not to interfere with
  124  the legitimate medical use of controlled substances; however,
  125  the people of this state are in need of and will benefit from a
  126  secure and privacy-protected statewide electronic system of
  127  specified prescription drug medication information created
  128  primarily to encourage safer controlled substance prescription
  129  decisions that reduce the number of prescription drug overdoses
  130  and the number of drug overdose deaths; to educate and inform
  131  health care practitioners and provide an added tool in patient
  132  care, including appropriate treatment for patients who have
  133  become addicted; to guide public health initiatives to educate
  134  the population on the dangers of misusing prescription drugs; to
  135  prevent the abuse or diversion of prescribed controlled
  136  substances; and to ensure that those who need prescribed
  137  controlled substances receive them in a manner that protects
  138  patient confidentiality, and
  139         WHEREAS, while certain medicines are very helpful if
  140  properly prescribed to a patient in need and then used as
  141  prescribed, they may be dangerous or even deadly if improperly
  142  dispensed, misused, or diverted, and
  143         WHEREAS, it is the intent of the Legislature to encourage
  144  patient safety, responsible pain management, and proper access
  145  to useful prescription drugs that are prescribed by a
  146  knowledgeable, properly licensed health care practitioner who
  147  dispenses prescription drugs and that are dispensed by a
  148  pharmacist who is made aware of the patient’s prescription drug
  149  medication history, thus preventing, in some cases, an abuse or
  150  addiction problem from developing or worsening, making such a
  151  problem possible or easier to identify, and facilitating the
  152  order of appropriate medical treatment or referral, and
  153         WHEREAS, such an electronic system will also aid
  154  administrative and law enforcement agencies in an active and
  155  ongoing controlled substance-related investigation and will
  156  allow decisions and recommendations for pursuing appropriate
  157  administrative or criminal actions while maintaining such
  158  information for any such investigation with a reasonable, good
  159  faith anticipation of securing an arrest or prosecution in the
  160  foreseeable future, and
  161         WHEREAS, a Program Implementation and Oversight Task Force
  162  will provide information to the Governor and Legislature
  163  regarding the implementation of the program and ensure that
  164  privacy and confidentiality of the patient’s prescription
  165  history is respected, NOW, THEREFORE,
  166  
  167  Be It Enacted by the Legislature of the State of Florida:
  168  
  169         Section 1. Section 893.055, Florida Statutes, is created to
  170  read:
  171         893.055Prescription drug monitoring program.—
  172         (1)As used in this section, the term:
  173         (a)“Advisory report” means information provided by the
  174  department in writing, or as determined by the department, to a
  175  prescriber, dispenser, pharmacy, or patient concerning the
  176  dispensing of controlled substances. All advisory reports are
  177  for informational purposes only and impose no obligations of any
  178  nature or any legal duty on a prescriber, dispenser, pharmacy,
  179  or patient. The advisory reports issued by the department are
  180  not subject to discovery or introduction into evidence in any
  181  civil or administrative action against a prescriber, dispenser,
  182  pharmacy, or patient arising out of matters that are the subject
  183  of the report, and a person who participates in preparing,
  184  reviewing, issuing, or other activity related to an advisory
  185  report may not be permitted or required to testify in any such
  186  civil action as to any findings, recommendations, evaluations,
  187  opinions, or other actions taken in connection with preparing,
  188  reviewing, or issuing such a report.
  189         (b)“Controlled substance” means a controlled substance
  190  listed in Schedule II, Schedule III, or Schedule IV in s.
  191  893.03.
  192         (c)“Dispenser” means a dispensing pharmacist or dispensing
  193  health care practitioner.
  194         (d)“Health care practitioner” or “practitioner” means any
  195  practitioner who is subject to licensure or regulation by the
  196  department under chapter 458, chapter 459, chapter 461, chapter
  197  462, chapter 464, chapter 465, or chapter 466.
  198         (e)“Health care regulatory board” means any board for a
  199  practitioner or health care practitioner who is licensed or
  200  regulated by the department.
  201         (f)“Pharmacy” means any pharmacy that is subject to
  202  licensure or regulation by the department under chapter 465 and
  203  that dispenses or delivers a controlled substance to an
  204  individual or address in this state.
  205         (g)“Prescriber” means a prescribing physician, prescribing
  206  practitioner, or other prescribing health care practitioner.
  207         (2)(a)By December 1, 2010, the department shall design and
  208  establish a comprehensive electronic database system that has
  209  controlled substance prescriptions provided to it and that
  210  provides prescription information to a patient’s health care
  211  practitioner and pharmacist who inform the department that they
  212  wish the patient advisory report provided to them. Otherwise,
  213  the patient advisory report will not be sent to the
  214  practitioner, pharmacy, or pharmacist. The system shall be
  215  designed to provide information regarding dispensed
  216  prescriptions of controlled substances and shall not infringe
  217  upon the legitimate prescribing or dispensing of a controlled
  218  substance by a prescriber or dispenser acting in good faith and
  219  in the course of professional practice. The system shall be
  220  consistent with standards of the American Society for Automation
  221  in Pharmacy (ASAP). The electronic system shall also comply with
  222  the Health Insurance Portability and Accountability Act (HIPAA)
  223  as it pertains to protected health information (PHI), electronic
  224  protected health information (EPHI), and all other relevant
  225  state and federal privacy and security laws and regulations. The
  226  reporting of prescribed controlled substances shall include a
  227  dispensing transaction with a dispenser pursuant to chapter 465
  228  or through a dispensing transaction with a pharmacy that is not
  229  located in this state but who is otherwise subject to the
  230  jurisdiction of this state as to that dispensing transaction.
  231  The reporting of patient advisories only refers to reports to
  232  pharmacists and practitioners. Separate reports that have
  233  patient prescription history information that are not patient
  234  advisory reports are provided to persons and entities as
  235  authorized in paragraphs (7)(b) and (c) and s. 893.0551.
  236         (b)The department shall adopt rules as necessary
  237  concerning the reporting, accessing, evaluation, management,
  238  development, implementation, operation, and storage of
  239  information within the system, including rules for when patient
  240  advisory reports and patient information is provided to
  241  pharmacies, prescribers, and health care practitioners and rules
  242  for when health care regulatory boards, law enforcement
  243  agencies, and other persons or organizations authorized in this
  244  section and s. 893.0551 are provided patient prescription
  245  history information from the database unless provision of such
  246  information is otherwise described in this section. Such rules
  247  shall be developed with a reasonable-person standard for
  248  controlled prescription drug dispensers, prescribers, and
  249  patients. The department shall work with the professional health
  250  care licensure boards, such as the Board of Medicine, the Board
  251  of Osteopathic Medicine, and the Board of Pharmacy; other
  252  appropriate organizations, such as the Florida Pharmacy
  253  Association, the Florida Medical Association, and the Florida
  254  Osteopathic Medical Association, including those relating to
  255  pain management; and the Attorney General, the Department of Law
  256  Enforcement, and the Agency for Health Care Administration, to
  257  develop the reasonable-person standard for rules appropriate for
  258  the prescription drug monitoring program.
  259         (c)All dispensers and prescribers subject to these
  260  reporting requirements shall be notified by the department of
  261  the implementation date for such reporting requirements.
  262         (3)The pharmacy dispensing the controlled substance and
  263  each prescriber who directly dispenses a controlled substance
  264  shall submit to the electronic system, by a procedure and in a
  265  format established by the department and consistent with an
  266  ASAP-approved format, the following information for inclusion in
  267  the database:
  268         (a)The name of the prescribing practitioner, the
  269  practitioner’s federal Drug Enforcement Administration
  270  registration number, the practitioner’s National Provider
  271  Identification (NPI) or other appropriate identifier, and the
  272  date of the prescription.
  273         (b)The date the prescription was filled and the method of
  274  payment, such as cash by an individual or insurance through a
  275  third party. This paragraph does not authorize the department to
  276  include individual credit card or other account numbers in the
  277  database.
  278         (c)The full name, address, and date of birth of the person
  279  for whom the prescription was written.
  280         (d)The name, national drug code, quantity, and strength of
  281  the controlled substance dispensed.
  282         (e)The full name and address of the pharmacy or other
  283  location from which the controlled substance was dispensed.
  284         (f)The name of the pharmacy or practitioner other than a
  285  pharmacist, dispensing the controlled substance and the
  286  practitioner’s National Provider Identification (NPI).
  287         (g)Other appropriate identifying information as determined
  288  by department rule.
  289         (4)Each time a controlled substance is dispensed to an
  290  individual, the controlled substance shall be reported to the
  291  department through the system as soon thereafter as possible,
  292  but not more than 15 days after the date the controlled
  293  substance is dispensed unless an extension is approved by the
  294  department for cause as determined by rule. A dispenser must
  295  meet the reporting requirements of this section by providing the
  296  required information concerning each controlled substance that
  297  it dispensed in a department-approved, secure methodology and
  298  format. Such approved formats may include, but are not limited
  299  to, submission via the Internet, on a disc, or by use of regular
  300  mail.
  301         (5)The following are exempt from this section when
  302  administering or dispensing a controlled substance:
  303         (a)A health care practitioner administering a controlled
  304  substance directly to a patient if the amount of the controlled
  305  substance is adequate to treat the patient during that
  306  particular treatment session.
  307         (b)A pharmacist or health care practitioner administering
  308  a controlled substance to a patient or resident receiving care
  309  as a patient at a hospital, nursing home, ambulatory surgical
  310  center, hospice, or intermediate care facility for the
  311  developmentally disabled which is licensed in this state.
  312         (c)A practitioner administering a controlled substance in
  313  the health care system of the Department of Corrections.
  314         (d)A practitioner administering a controlled substance in
  315  the emergency room of a licensed hospital.
  316         (e)A health care practitioner administering or dispensing
  317  a controlled substance to a person under the age of 16.
  318         (f)A pharmacist or a dispensing practitioner dispensing a
  319  one-time, 72-hour emergency resupply of a controlled substance
  320  to a patient.
  321         (6)The department may establish when to suspend and when
  322  to resume reporting information during a state-declared or
  323  nationally declared disaster.
  324         (7)(a)A practitioner or pharmacist who dispenses a
  325  controlled substance must submit the information required by
  326  this section in an electronic or other method in an ASAP format
  327  approved by rule of the department unless otherwise provided in
  328  this section. The cost to the dispenser in submitting the
  329  information required by this section may not be material or
  330  extraordinary. Costs not considered to be material or
  331  extraordinary include, but are not limited to, regular postage,
  332  electronic media, regular electronic mail, and facsimile
  333  charges.
  334         (b)A pharmacy, prescriber, or dispenser shall have direct
  335  access to information in the prescription drug monitoring
  336  program’s database which relates to a patient of that pharmacy,
  337  prescriber, or dispenser in a manner established by the
  338  department as needed for the purpose of reviewing the patient’s
  339  controlled substance prescription history. Other access to the
  340  program’s database shall be limited to the program’s manager and
  341  to the designated program and support staff, who may act only at
  342  the direction of the program manager or in the absence of the
  343  program manager. Access by the program manager or such
  344  designated staff is for prescription drug program management
  345  only or for management of the program’s database and its system
  346  in support of the requirements of this section and in
  347  furtherance of the prescription drug monitoring program.
  348  Confidential and exempt information in the database shall be
  349  released only as provided in paragraph (c) and s. 893.0551.
  350         (c)The following entities shall not be allowed direct
  351  access to information in the prescription drug monitoring
  352  program database but may request from the program manager and,
  353  when authorized by the program manager, the program manager’s
  354  program and support staff, information that is confidential and
  355  exempt under s. 893.0551. Prior to release, the request shall be
  356  verified as authentic and authorized with the requesting
  357  organization by the program manager, the program manager’s
  358  program and support staff, or as determined in rules by the
  359  department as being authentic and as having been authorized by
  360  the requesting entity:
  361         1.The department’s relevant health care regulatory boards
  362  responsible for the licensure, regulation, or discipline of
  363  practitioners, pharmacists, or other persons who are authorized
  364  to prescribe, administer, or dispense controlled substances and
  365  who are involved in a specific controlled substance
  366  investigation involving a designated person for one or more
  367  prescribed controlled substances.
  368         2.The Attorney General for Medicaid fraud cases involving
  369  prescribed controlled substances.
  370         3.A law enforcement agency, as described in s.
  371  893.0551(2)(c), during ongoing investigations as provided in s.
  372  893.07 or during active investigations as defined in s. 119.011
  373  regarding potential criminal activity, fraud, or theft regarding
  374  prescribed controlled substances. The database information is
  375  available only for criminal cases.
  376         4.A patient or the legal guardian or designated health
  377  care surrogate of an incapacitated patient as described in s.
  378  893.0551 who, for the purpose of verifying the accuracy of the
  379  database information, submits a written and notarized request
  380  that includes the patient’s full name, address, and date of
  381  birth, and includes the same information if the legal guardian
  382  or health care surrogate submits the request. The request shall
  383  be validated by the department to verify the identity of the
  384  patient and the legal guardian or health care surrogate, if the
  385  patient’s legal guardian or health care surrogate is the
  386  requestor. Such verification is also required for any request to
  387  change a patient’s prescription history or other information
  388  related to his or her information in the electronic database.
  389         (d)The following entities shall not be allowed direct
  390  access to information in the prescription drug monitoring
  391  program database but may request from the program manager and,
  392  when authorized by the program manager, the program manager’s
  393  program and support staff, information that contains no
  394  identifying information of any patient, physician, health care
  395  practitioner, prescriber, or dispenser and that is not
  396  confidential and exempt:
  397         1.Department staff for the purpose of calculating
  398  performance measures pursuant to subsection (8).
  399         2.The Program Implementation and Oversight Task Force for
  400  its reporting to the Governor, the President of the Senate, and
  401  the Speaker of the House of Representatives regarding the
  402  prescription drug monitoring program. This subparagraph expires
  403  July 1, 2012.
  404         (e)All transmissions of data required by this section must
  405  comply with relevant state and federal privacy and security laws
  406  and regulations. However, any authorized agency or person under
  407  s. 893.0551 receiving such information as allowed by s. 893.0551
  408  may maintain the information received for up to 24 months before
  409  purging it from his or her records or maintain it for longer
  410  than 24 months if the information is pertinent to ongoing health
  411  care or an active law enforcement investigation or prosecution.
  412         (8)To assist in fulfilling program responsibilities,
  413  performance measures shall be reported annually to the Governor,
  414  the President of the Senate, and the Speaker of the House of
  415  Representatives by the department each December 1, beginning in
  416  2011. Data that does not contain patient, physician, health care
  417  practitioner, prescriber, or dispenser identifying information
  418  may be requested during the year by department employees so that
  419  the department may undertake public health care and safety
  420  initiatives that take advantage of observed trends. Performance
  421  measures may include, but are not limited to, efforts to achieve
  422  the following outcomes:
  423         (a)Reduction of the rate of inappropriate use of
  424  prescription drugs through department education and safety
  425  efforts.
  426         (b)Reduction of the quantity of pharmaceutical controlled
  427  substances obtained by individuals attempting to engage in fraud
  428  and deceit.
  429         (c)Increased coordination among partners participating in
  430  prescription drug monitoring program.
  431         (d)Involvement of stakeholders in achieving improved
  432  patient health care and safety and reduction of prescription
  433  drug abuse and prescription drug diversion.
  434         (9)Any person who willfully and knowingly fails to report
  435  the dispensing of a controlled substance as required by this
  436  section commits a misdemeanor of the first degree, punishable as
  437  provided in s. 775.082 or s. 775.083.
  438         (10)All costs incurred by the department in administering
  439  the prescription drug monitoring program shall be funded through
  440  federal grants or private funding applied for or received by the
  441  state. The department may not commit funds for the monitoring
  442  program without ensuring funding is available. The prescription
  443  drug monitoring program and the implementation thereof are
  444  contingent upon receipt of the nonstate funding. The department
  445  and state government shall cooperate with the direct-support
  446  organization established pursuant to subsection (11) in seeking
  447  federal grant funds, other nonstate grant funds, gifts,
  448  donations, or other private moneys for the department so long as
  449  the costs of doing so are not considered material. Nonmaterial
  450  costs for this purpose include, but are not limited to, the
  451  costs of mailing and personnel assigned to research or apply for
  452  a grant. Notwithstanding the exemptions to competitive
  453  solicitation requirements under s. 287.057(5)(f), the department
  454  shall comply with the competitive-solicitation requirements
  455  under s. 287.057 for the procurement of any goods or services
  456  required by this section.
  457         (11)The Office of Drug Control, in coordination with the
  458  department, may establish a direct-support organization that has
  459  a board consisting of at least five members to provide
  460  assistance, funding, and promotional support for the activities
  461  authorized for the prescription drug monitoring program.
  462         (a)As used in this subsection, the term “direct-support
  463  organization” means an organization that is:
  464         1.A Florida corporation not for profit incorporated under
  465  chapter 617, exempted from filing fees, and approved by the
  466  Department of State.
  467         2.Organized and operated to conduct programs and
  468  activities; raise funds; request and receive grants, gifts, and
  469  bequests of money; acquire, receive, hold, and invest, in its
  470  own name, securities, funds, objects of value, or other
  471  property, either real or personal; and make expenditures to or
  472  for the direct or indirect benefit of the department in the
  473  furtherance of the prescription drug monitoring program.
  474         (b)The direct-support organization is not considered a
  475  lobbying firm within the meaning of s. 11.045.
  476         (c)The director of the Office of Drug Control shall
  477  appoint a board of directors for the direct-support
  478  organization. The director may designate employees of the Office
  479  of Drug Control, state employees other than state employees from
  480  the department, and any other nonstate employees as appropriate,
  481  to serve on the board. Members of the board shall serve at the
  482  pleasure of the director of the Office of Drug Control. The
  483  director shall provide guidance to members of the board to
  484  ensure that moneys received by the direct-support organization
  485  are not received from inappropriate sources. Inappropriate
  486  sources include, but are not limited to, donors, grantors,
  487  persons, or organizations that may monetarily or substantively
  488  benefit from the purchase of goods or services by the department
  489  in furtherance of the prescription drug monitoring program.
  490         (d)The direct-support organization shall operate under
  491  written contract with the Office of Drug Control. The contract
  492  must, at a minimum, provide for:
  493         1.Approval of the articles of incorporation and bylaws of
  494  the direct-support organization by the Office of Drug Control.
  495         2.Submission of an annual budget for the approval of the
  496  Office of Drug Control.
  497         3.Certification by the Office of Drug Control in
  498  consultation with the department that the direct-support
  499  organization is complying with the terms of the contract in a
  500  manner consistent with and in furtherance of the goals and
  501  purposes of the prescription drug monitoring program and in the
  502  best interests of the state. Such certification must be made
  503  annually and reported in the official minutes of a meeting of
  504  the direct-support organization.
  505         4.The reversion, without penalty, to the Office of Drug
  506  Control, or to the state if the Office of Drug Control ceases to
  507  exist, of all moneys and property held in trust by the direct
  508  support organization for the benefit of the prescription drug
  509  monitoring program if the direct-support organization ceases to
  510  exist or if the contract is terminated.
  511         5.The fiscal year of the direct-support organization,
  512  which must begin July 1 of each year and end June 30 of the
  513  following year.
  514         6.The disclosure of the material provisions of the
  515  contract to donors of gifts, contributions, or bequests,
  516  including such disclosure on all promotional and fundraising
  517  publications, and an explanation to such donors of the
  518  distinction between the Office of Drug Control and the direct
  519  support organization.
  520         7.The direct-support organization’s collecting, expending,
  521  and providing of funds to the department for the development,
  522  implementation, and operation of the prescription drug
  523  monitoring program as described in subsections (2), (3), and
  524  (4). The direct-support organization may collect and expend
  525  funds to be used for the functions of the direct-support
  526  organization’s board of directors, as necessary and approved by
  527  the director of the Office of Drug Control. In addition, the
  528  direct-support organization may collect and provide funding to
  529  the department in furtherance of the prescription drug
  530  monitoring program by:
  531         a.Establishing and administering the prescription drug
  532  monitoring program’s electronic database, including hardware,
  533  software, and personnel.
  534         b.Conducting studies on the efficiency and effectiveness
  535  of the program.
  536         c.Providing funds for future enhancements of the program
  537  within the intent of this section.
  538         d.Providing user training of the prescription drug
  539  monitoring program, including distribution of materials to
  540  promote public awareness and education and conducting workshops
  541  or other meetings, for health care practitioners, pharmacists,
  542  and others as appropriate.
  543         e.Providing funds for travel expenses.
  544         f.Providing funds for administrative costs, including
  545  personnel, audits, facilities, and equipment.
  546         g.Fulfilling all other requirements necessary to implement
  547  and operate the program as outlined in this section.
  548         (e)The activities of the direct-support organization must
  549  be consistent with the goals and mission of the Office of Drug
  550  Control, as determined by the office in consultation with the
  551  department, and in the best interests of the state. The direct
  552  support organization must obtain a written approval from the
  553  director of the Office of Drug Control for any activities in
  554  support of the prescription drug monitoring program before
  555  undertaking those activities.
  556         (f)The Office of Drug Control, in consultation with the
  557  department, may permit, without charge, appropriate use of
  558  administrative services, property, and facilities of the Office
  559  of Drug Control and the department by the direct-support
  560  organization, subject to this section. The use must be directly
  561  in keeping with the approved purposes of the direct-support
  562  organization and may not be made at times or places that would
  563  unreasonably interfere with opportunities for the public to use
  564  such facilities for established purposes. Any moneys received
  565  from rentals of facilities and properties managed by the Office
  566  of Drug Control and the department may be held by the Office of
  567  Drug Control or in a separate depository account in the name of
  568  the direct-support organization and subject to the provisions of
  569  the letter of agreement with the Office of Drug Control. The
  570  letter of agreement must provide that any funds held in the
  571  separate depository account in the name of the direct-support
  572  organization must revert to the Office of Drug Control if the
  573  direct-support organization is no longer approved by the Office
  574  of Drug Control to operate in the best interests of the state.
  575         (g)The Office of Drug Control, in consultation with the
  576  department, may adopt rules under s. 120.54 to govern the use of
  577  administrative services, property, or facilities of the
  578  department or office by the direct-support organization.
  579         (h)The Office of Drug Control may not permit the use of
  580  any administrative services, property, or facilities of the
  581  state by a direct-support organization if that organization does
  582  not provide equal membership and employment opportunities to all
  583  persons regardless of race, color, religion, gender, age, or
  584  national origin.
  585         (i)The direct-support organization shall provide for an
  586  independent annual financial audit in accordance with s.
  587  215.981. Copies of the audit shall be provided to the Office of
  588  Drug Control and the Office of Policy and Budget in the
  589  Executive Office of the Governor.
  590         (j)The direct-support organization may not exercise any
  591  power under s. 617.0302(12) or (16).
  592         (12)A prescriber or dispenser may have access to the
  593  information under this section which relates to a patient of
  594  that prescriber or dispenser as needed for the purpose of
  595  reviewing the patient’s controlled drug prescription history. A
  596  prescriber or dispenser acting in good faith is immune from any
  597  civil, criminal, or administrative liability that might
  598  otherwise be incurred or imposed for receiving or using
  599  information from the prescription drug monitoring program. This
  600  subsection does not create a private cause of action, and a
  601  person may not recover damages against a prescriber or dispenser
  602  authorized to access information under this subsection for
  603  accessing or failing to access such information.
  604         (13)To the extent that funding is provided for such
  605  purpose through federal or private grants or gifts and other
  606  types of available moneys, the department, in collaboration with
  607  the Office of Drug Control, shall study the feasibility of
  608  enhancing the prescription drug monitoring program for the
  609  purposes of public health initiatives and statistical reporting
  610  that respects the privacy of the patient, the prescriber, and
  611  the dispenser. Such a study shall be conducted in order to
  612  further improve the quality of health care services and safety
  613  by improving the prescribing and dispensing practices for
  614  prescription drugs, taking advantage of advances in technology,
  615  reducing duplicative prescriptions and the overprescribing of
  616  prescription drugs, and reducing drug abuse. In addition, the
  617  direct-support organization shall provide funding for the
  618  department, in collaboration with the Office of Drug Control, to
  619  conduct training for health care practitioners and other
  620  appropriate persons in using the monitoring program to support
  621  the program enhancements.
  622         (14)A pharmacist, pharmacy, or dispensing health care
  623  practitioner or his or her agent, before releasing a controlled
  624  substance to any person not known to such dispenser, shall
  625  require the person purchasing, receiving, or otherwise acquiring
  626  the controlled substance to present valid photographic
  627  identification or other verification of his or her identity to
  628  the dispenser. If the person does not have proper
  629  identification, the dispenser may verify the validity of the
  630  prescription and the identity of the patient with the prescriber
  631  or his or her authorized agent. This subsection does not apply
  632  in an institutional setting or to a long-term care facility,
  633  including, but not limited to, an assisted living facility or a
  634  hospital to which patients are admitted. As used in this
  635  subsection, the term “proper identification” means an
  636  identification that is issued by a state or the Federal
  637  Government containing the person’s photograph, printed name, and
  638  signature or a document considered acceptable under 8 C.F.R.
  639  274a.2(b)(1)(v)(A) and (B).
  640         (15)The Agency for Health Care Administration shall
  641  continue the implementation of electronic prescribing by health
  642  care practitioners, health care facilities, and pharmacies under
  643  s. 408.061 and the electronic prescribing clearinghouse
  644  collaboration with the private sector under s. 408.0611.
  645         (16)By October 1, 2010, the department shall adopt rules
  646  pursuant to ss. 120.536(1) and 120.54 to administer the
  647  provisions of this section.
  648         Section 2. (1)The Program Implementation and Oversight
  649  Task Force is created within the Executive Office of the
  650  Governor. The director of the Office of Drug Control shall be a
  651  nonvoting, ex officio member of the task force and shall act as
  652  chair. The Office of Drug Control and the Department of Health
  653  shall provide staff support for the task force.
  654         (a)The following state officials shall serve on the task
  655  force:
  656         1.The Attorney General or his or her designee.
  657         2.The Secretary of Children and Family Services or his or
  658  her designee.
  659         3.The Secretary of Health Care Administration or his or
  660  her designee.
  661         4.The State Surgeon General or his or her designee.
  662         (b)In addition, the Governor shall appoint 11 members of
  663  the public to serve on the task force. Of these 11 appointed
  664  members, one member must have professional or occupational
  665  expertise in computer security; one member must be a Florida
  666  licensed, board-certified oncologist; two members must be
  667  Florida-licensed, board-certified, fellowship-trained physicians
  668  who have experience in pain management; one member must be a
  669  Florida-licensed primary care physician who has experience in
  670  prescribing scheduled prescription drugs; one member must have
  671  professional or occupational expertise in e-Prescribing or
  672  prescription drug monitoring programs; one member must be a
  673  Florida-licensed pharmacist; one member must have professional
  674  or occupational expertise in the area of law enforcement and
  675  have experience in prescription drug investigations; one member
  676  must have professional or occupational expertise as an
  677  epidemiologist and have a background in tracking and analyzing
  678  drug trends; and two members must have professional or
  679  occupational expertise as providers of substance abuse
  680  treatment, with priority given to a member who is a former
  681  substance abuser.
  682         (c)Members appointed by the Governor shall be appointed to
  683  a term of 3 years each. Any vacancy on the task force shall be
  684  filled in the same manner as the original appointment, and any
  685  member appointed to fill a vacancy shall serve only for the
  686  unexpired term of the member’s predecessor.
  687         (d)Members of the task force and members of subcommittees
  688  appointed under subsection (4) shall serve without compensation,
  689  but are entitled to reimbursement for per diem and travel
  690  expenses as provided in s. 112.061, Florida Statutes.
  691         (e)The task force shall meet at least quarterly or upon
  692  the call of the chair.
  693         (2)The purpose of the task force is to monitor the
  694  implementation and safeguarding of the electronic system
  695  established for the prescription drug monitoring program under
  696  s. 893.055, Florida Statutes, and to ensure privacy, protection
  697  of individual medication history, and the electronic system’s
  698  appropriate use by physicians, dispensers, pharmacies, law
  699  enforcement agencies, and those authorized to request
  700  information from the electronic system.
  701         (3)The Office of Drug Control shall submit a report to the
  702  Governor, the President of the Senate, and the Speaker of the
  703  House of Representatives by December 1 of each year which
  704  contains a summary of the work of the task force during that
  705  year and the recommendations developed in accordance with the
  706  task force’s purpose as provided in subsection (2). Interim
  707  reports may be submitted at the discretion of the chair.
  708         (4)The chair of the task force may appoint subcommittees
  709  that include members of state agencies that are not represented
  710  on the task force for the purpose of soliciting input and
  711  recommendations from those state agencies as needed by the task
  712  force to accomplish its purpose as provided in subsection (2).
  713  In addition, the chair may appoint subcommittees as necessary
  714  from among the members of the task force in order to efficiently
  715  address specific issues. If a state agency is to be represented
  716  on any subcommittee, the representative shall be the head of the
  717  agency or his or her designee. The chair may designate lead and
  718  contributing agencies within a subcommittee.
  719         (5)The task force shall provide a final report in
  720  accordance with the task force’s purpose as provided in
  721  subsection (2) on July 1, 2012, to the Governor, the President
  722  of the Senate, and the Speaker of the House of Representatives.
  723  Such report shall be prepared using only data that does not
  724  identify a patient, a prescriber, or a dispenser. The task force
  725  shall expire and this section is repealed on that date unless
  726  reenacted by the Legislature.
  727         Section 3. Subsections (4) and (5) are added to section
  728  458.309, Florida Statutes, to read:
  729         458.309 Rulemaking authority.—
  730         (4)Each privately owned pain-management clinic that
  731  employs a physician licensed under this chapter and who is
  732  primarily engaged in the treatment of pain by prescribing
  733  controlled substance medications must be registered with the
  734  department unless that clinic is licensed as a facility under
  735  chapter 395. Each clinic location shall be licensed separately
  736  regardless of whether the clinic is operated under the same
  737  business name or management as another clinic. If the clinic is
  738  licensed as a health care clinic under chapter 400, the medical
  739  director shall be responsible for registering the facility with
  740  the department. If the clinic is not licensed under chapter 395
  741  or chapter 400, the clinic shall, upon registration with the
  742  department, designate a physician who is responsible for
  743  complying with all requirements related to registration of the
  744  clinic. The designated physician shall be licensed under this
  745  chapter or chapter 459 and shall practice at the office location
  746  for which the physician has assumed responsibility. The
  747  department shall inspect the clinic annually to ensure that it
  748  complies with board rules adopted pursuant to this subsection
  749  and subsection (5) unless the clinic is accredited by a
  750  nationally recognized accrediting agency approved by the board.
  751  The actual costs for registration and inspection or
  752  accreditation shall be paid by the physician seeking to register
  753  the clinic.
  754         (5)The board shall adopt rules setting forth standards of
  755  practice for physicians who practice in privately owned pain
  756  management clinics that primarily engage in the treatment of
  757  pain by prescribing controlled substance medications. Such rules
  758  shall address, but need not be limited to, the following
  759  subjects:
  760         (a)Facility operations;
  761         (b)Physical operations;
  762         (c)Infection control requirements;
  763         (d)Health and safety requirements;
  764         (e)Quality assurance requirements;
  765         (f)Patient records;
  766         (g)Training requirements for all facility health care
  767  practitioners;
  768         (h)Inspections; and
  769         (i)Data collection and reporting requirements.
  770  
  771  A physician is primarily engaged in the treatment of pain by
  772  prescribing controlled substance medications if the majority of
  773  the patients seen on any day the facility is open are issued
  774  controlled substance medications for the treatment of chronic
  775  nonmalignant pain. Chronic nonmalignant pain is pain unrelated
  776  to cancer which persists beyond the usual course of disease or
  777  injury. It may or may not be associated with a pathologic
  778  disease.
  779         Section 4. Subsections (3) and (4) are added to section
  780  459.005, Florida Statutes, to read:
  781         459.005 Rulemaking authority.—
  782         (3)Each privately owned pain-management clinic that
  783  employs a physician licensed under this chapter and who is
  784  primarily engaged in the treatment of pain by prescribing
  785  controlled substance medications must be registered with the
  786  department unless that clinic is licensed as a facility under
  787  chapter 395. Each clinic location shall be licensed separately
  788  regardless of whether the clinic is operated under the same
  789  business name or management as another clinic. If the clinic is
  790  licensed as a health care clinic under chapter 400, the medical
  791  director shall be responsible for registering the facility with
  792  the department. If the clinic is not licensed under chapter 395
  793  or chapter 400, the clinic shall, upon registration with the
  794  department, designate a physician who is responsible for
  795  complying with all requirements related to registration of the
  796  clinic. The designated physician shall be licensed under chapter
  797  458 or this chapter and shall practice at the office location
  798  for which the physician has assumed responsibility. The
  799  department shall inspect the clinic annually to ensure that it
  800  complies with board rules adopted pursuant to this subsection
  801  and subsection (4) unless the clinic is accredited by a
  802  nationally recognized accrediting agency approved by the board.
  803  The actual costs for registration and inspection or
  804  accreditation shall be paid by the physician seeking to register
  805  the clinic.
  806         (4)The board shall adopt rules setting forth standards of
  807  practice for physicians who practice in privately owned pain
  808  management clinics that primarily engage in the treatment of
  809  pain by prescribing controlled substance medications. Such rules
  810  shall address, but need not be limited to, the following
  811  subjects:
  812         (a)Facility operations;
  813         (b)Physical operations;
  814         (c)Infection control requirements;
  815         (d)Health and safety requirements;
  816         (e)Quality assurance requirements;
  817         (f)Patient records;
  818         (g)Training requirements for all facility health care
  819  practitioners;
  820         (h)Inspections; and
  821         (i)Data collection and reporting requirements.
  822  
  823  A physician is primarily engaged in the treatment of pain by
  824  prescribing controlled substance medications if the majority of
  825  the patients seen on any day the facility is open are issued
  826  controlled substance medications for the treatment of chronic
  827  nonmalignant pain. Chronic nonmalignant pain is pain unrelated
  828  to cancer which persists beyond the usual course of disease or
  829  injury. It may or may not be associated with a pathologic
  830  disease.
  831         Section 5. This act shall take effect July 1, 2009.