Florida Senate - 2010 SB 616
By Senator Ring
32-00404-10 2010616__
1 A bill to be entitled
2 An act relating to the prescription drug monitoring
3 program; amending ss. 893.055 and 893.0551, F.S.;
4 requiring that the confidential and exempt information
5 in the program database which is disclosed to the
6 Attorney General or a law enforcement agency by the
7 Department of Health be disclosed pursuant to a search
8 warrant based upon probable cause; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (c) of subsection (7) of section
14 893.055, Florida Statutes, is amended to read:
15 893.055 Prescription drug monitoring program.—
16 (7)
17 (c) The following entities shall not be allowed direct
18 access to information in the prescription drug monitoring
19 program database but may request from the program manager and,
20 when authorized by the program manager, the program manager’s
21 program and support staff, information that is confidential and
22 exempt under s. 893.0551. Prior to release, the request shall be
23 verified as authentic and authorized with the requesting
24 organization by the program manager, the program manager’s
25 program and support staff, or as determined in rules by the
26 department as being authentic and as having been authorized by
27 the requesting entity:
28 1. The department or its relevant health care regulatory
29 boards responsible for the licensure, regulation, or discipline
30 of practitioners, pharmacists, or other persons who are
31 authorized to prescribe, administer, or dispense controlled
32 substances and who are involved in a specific controlled
33 substance investigation involving a designated person for one or
34 more prescribed controlled substances.
35 2. Pursuant to a search warrant based upon probable cause,
36 the Attorney General for Medicaid fraud cases involving
37 prescribed controlled substances.
38 3. Pursuant to a search warrant based upon probable cause,
39 a law enforcement agency during active investigations regarding
40 potential criminal activity, fraud, or theft regarding
41 prescribed controlled substances.
42 4. A patient or the legal guardian or designated health
43 care surrogate of an incapacitated patient as described in s.
44 893.0551 who, for the purpose of verifying the accuracy of the
45 database information, submits a written and notarized request
46 that includes the patient’s full name, address, and date of
47 birth, and includes the same information if the legal guardian
48 or health care surrogate submits the request. The request shall
49 be validated by the department to verify the identity of the
50 patient and the legal guardian or health care surrogate, if the
51 patient’s legal guardian or health care surrogate is the
52 requestor. Such verification is also required for any request to
53 change a patient’s prescription history or other information
54 related to his or her information in the electronic database.
55
56 Information in the database for the electronic prescription drug
57 monitoring system is not discoverable or admissible in any civil
58 or administrative action, except in an investigation and
59 disciplinary proceeding by the department or the appropriate
60 regulatory board.
61 Section 2. Paragraphs (a) and (c) of subsection (3) of
62 section 893.0551, Florida Statutes, are amended to read:
63 893.0551 Public records exemption for the prescription drug
64 monitoring program.—
65 (3) The department shall disclose such confidential and
66 exempt information to the following entities after using a
67 verification process to ensure the legitimacy of that person’s
68 or entity’s request for the information:
69 (a) Pursuant to a search warrant based upon probable cause,
70 the Attorney General and his or her designee when working on
71 Medicaid fraud cases involving prescription drugs or when the
72 Attorney General has initiated a review of specific identifiers
73 of Medicaid fraud regarding prescription drugs. The Attorney
74 General or his or her designee may disclose the confidential and
75 exempt information received from the department to a criminal
76 justice agency as defined in s. 119.011 as part of an active
77 investigation that is specific to a violation of prescription
78 drug abuse or prescription drug diversion law as it relates to
79 controlled substances. The Attorney General’s Medicaid fraud
80 investigators may not have direct access to the department’s
81 database.
82 (c) Pursuant to a search warrant based upon probable cause,
83 a law enforcement agency that has initiated an active
84 investigation involving a specific violation of law regarding
85 prescription drug abuse or diversion of prescribed controlled
86 substances. The law enforcement agency may disclose the
87 confidential and exempt information received from the department
88 to a criminal justice agency as defined in s. 119.011 as part of
89 an active investigation that is specific to a violation of
90 prescription drug abuse or prescription drug diversion law as it
91 relates to controlled substances. A law enforcement agency may
92 request information from the department but may not have direct
93 access to its database.
94 Section 3. This act shall take effect July 1, 2010.