Florida Senate - 2011                                    SB 1386
       
       
       
       By Senator Bogdanoff
       
       
       
       
       25-00719-11                                           20111386__
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         400.9905, F.S.; redefining the terms “clinic” and
    4         “portable equipment provider” for purposes of the
    5         Health Care Clinic Act; amending s. 456.037, F.S.;
    6         conforming provisions to changes made by the act;
    7         amending s. 456.057, F.S.; authorizing the Department
    8         of Health to obtain patient records pursuant to a
    9         subpoena and without notification to the patient from
   10         a controlled-substance medical clinic under certain
   11         circumstances; amending s. 458.3265, F.S.; renaming
   12         pain-management clinics as “controlled-substance
   13         medical clinics”; prohibiting controlled-substance
   14         medical clinics from advertising services related to
   15         the dispensing of medication; revising the criteria
   16         requiring registration with the department as a
   17         controlled-substance medical clinic; conforming
   18         provisions to changes made by the act; revising the
   19         circumstances in which the department may revoke the
   20         certificate of registration for a controlled-substance
   21         medical clinic; providing an exception for revoking
   22         and suspending a certificate of registration for a
   23         controlled-substance medical clinic; revising the
   24         responsibilities of a physician who provides
   25         professional services in a controlled-substance
   26         medical clinic; deleting the requirement that the
   27         Board of Medicine adopt a rule establishing the
   28         maximum number of prescriptions that can be written
   29         for certain controlled substances within a specified
   30         time; revising the rules setting forth the standards
   31         of practice that the board is required to adopt;
   32         deleting the provision that describes when a physician
   33         is primarily engaged in the treatment of pain;
   34         amending s. 458.327, F.S.; conforming provisions to
   35         changes made by the act; amending s. 458.331, F.S.;
   36         conforming provisions to changes made by the act;
   37         revising the acts that constitute grounds for
   38         disciplinary action for a licensee who serves as a
   39         designated physician of a controlled-substance medical
   40         clinic; amending s. 459.0137, F.S.; renaming pain
   41         management clinics as “controlled-substance medical
   42         clinics”; prohibiting controlled-substance medical
   43         clinics from advertising services related to the
   44         dispensing of medication; revising the criteria
   45         requiring registration with the department as a
   46         controlled-substance medical clinic; conforming
   47         provisions to changes made by the act; revising the
   48         circumstances in which the department may revoke the
   49         certificate of registration for a controlled-substance
   50         medical clinic; providing an exception for revoking
   51         and suspending a certificate of registration for a
   52         controlled-substance medical clinic; revising the
   53         responsibilities of an osteopathic physician who
   54         provides professional services in a controlled
   55         substance medical clinic; deleting the requirement
   56         that the Board of Osteopathic Medicine adopt a rule
   57         establishing the maximum number of prescriptions that
   58         can be written for certain controlled substances
   59         within a specified time; revising the rules setting
   60         forth the standards of practice that the board is
   61         required to adopt; deleting the provision that
   62         describes when an osteopathic physician is primarily
   63         engaged in the treatment of pain; amending s. 459.015,
   64         F.S.; conforming provisions to changes made by the
   65         act; revising the acts that constitute grounds for
   66         disciplinary action for a licensee who serves as a
   67         designated osteopathic physician of a controlled
   68         substance medical clinic; amending s. 465.0276, F.S.;
   69         deleting the provision that prohibits a dispensing
   70         practitioner from dispensing a specified amount of a
   71         controlled substance under certain circumstances;
   72         amending s. 893.055, F.S.; redefining the term
   73         “patient advisory report” as it relates to the
   74         prescription drug monitoring program; revising the
   75         date by which the department is required to establish
   76         a comprehensive electronic database system; revising
   77         the responsibilities of the dispenser and the
   78         prescriber with regard to the electronic database
   79         system; revising the circumstances in which the
   80         department is required to adopt rules regarding
   81         reporting, accessing the database, evaluation,
   82         management, development, implementation, operation,
   83         security, and storage of information within the
   84         electronic database system; deleting the Office of
   85         Drug Control as one of the organizations that the
   86         department is required to work with in developing
   87         rules for the prescription drug monitoring program;
   88         requiring that a dispensed controlled substance be
   89         reported to the department within a specified number
   90         of hours; authorizing law enforcement agencies to
   91         request certain confidential and exempt information
   92         from the electronic database system upon determination
   93         that probable cause exists that a crime is being
   94         committed and issuance of a search warrant; providing
   95         that all costs incurred by the department in
   96         administering the prescription drug monitoring program
   97         be funded through federal grants, dispensing
   98         registration fees, or private funding applied for or
   99         received by the state; requiring the department rather
  100         than the Office of Drug Control to establish a direct
  101         support organization; requiring the State Surgeon
  102         General to appoint the board of directors for the
  103         direct-support organization; requiring the direct
  104         support organization to operate under written contract
  105         with the department; revising requirements for the
  106         contract; requiring the activities of the direct
  107         support organization to be consistent with the goals
  108         and mission of the department; authorizing the
  109         department to permit use of certain services,
  110         property, and facilities of the department by the
  111         direct-support organization; prohibiting the
  112         department from permitting the use of any
  113         administrative services, property, or facilities of
  114         the state by the direct-support organization under
  115         certain conditions; requiring the department rather
  116         than the Office of Drug Control to study the
  117         feasibility of enhancing the prescription drug
  118         monitoring program for specified purposes; requiring
  119         the direct-support organization to provide funding for
  120         the department rather than the Office of Drug Control
  121         to conduct training in using the prescription drug
  122         monitoring program; revising the date in which the
  123         department must adopt rules; amending s. 893.0551,
  124         F.S.; authorizing a law enforcement agency to disclose
  125         certain confidential and exempt information received
  126         from the department to a criminal justice agency
  127         pursuant to a search warrant; providing an effective
  128         date.
  129  
  130  Be It Enacted by the Legislature of the State of Florida:
  131  
  132         Section 1. Subsections (4) and (7) of section 400.9905,
  133  Florida Statutes, are amended to read:
  134         400.9905 Definitions.—
  135         (4) “Clinic” means an entity at which health care services
  136  are provided to individuals and which tenders charges for
  137  reimbursement or payment for such services, including a mobile
  138  clinic and a portable equipment provider. For purposes of this
  139  part, the term does not include and the licensure requirements
  140  of this part do not apply to:
  141         (a) Entities licensed or registered by the state under
  142  chapter 395; or entities licensed or registered by the state and
  143  providing only health care services within the scope of services
  144  authorized under their respective licenses granted under ss.
  145  383.30-383.335, chapter 390, chapter 394, chapter 397, this
  146  chapter except part X, chapter 429, chapter 463, chapter 465,
  147  chapter 466, chapter 478, part I of chapter 483, chapter 484, or
  148  chapter 651; end-stage renal disease providers authorized under
  149  42 C.F.R. part 405, subpart U; or providers certified under 42
  150  C.F.R. part 485, subpart B or subpart H; or any entity that
  151  provides neonatal or pediatric hospital-based health care
  152  services or other health care services by licensed practitioners
  153  solely within a hospital licensed under chapter 395.
  154         (b) Entities that own, directly or indirectly, entities
  155  licensed or registered by the state pursuant to chapter 395; or
  156  entities that own, directly or indirectly, entities licensed or
  157  registered by the state and providing only health care services
  158  within the scope of services authorized pursuant to their
  159  respective licenses granted under ss. 383.30-383.335, chapter
  160  390, chapter 394, chapter 397, this chapter except part X,
  161  chapter 429, chapter 463, chapter 465, chapter 466, chapter 478,
  162  part I of chapter 483, chapter 484, chapter 651; end-stage renal
  163  disease providers authorized under 42 C.F.R. part 405, subpart
  164  U; or providers certified under 42 C.F.R. part 485, subpart B or
  165  subpart H; or any entity that provides neonatal or pediatric
  166  hospital-based health care services by licensed practitioners
  167  solely within a hospital licensed under chapter 395.
  168         (c) Entities that are owned, directly or indirectly, by an
  169  entity licensed or registered by the state pursuant to chapter
  170  395; or entities that are owned, directly or indirectly, by an
  171  entity licensed or registered by the state and providing only
  172  health care services within the scope of services authorized
  173  pursuant to their respective licenses granted under ss. 383.30
  174  383.335, chapter 390, chapter 394, chapter 397, this chapter
  175  except part X, chapter 429, chapter 463, chapter 465, chapter
  176  466, chapter 478, part I of chapter 483, chapter 484, or chapter
  177  651; end-stage renal disease providers authorized under 42
  178  C.F.R. part 405, subpart U; or providers certified under 42
  179  C.F.R. part 485, subpart B or subpart H; or any entity that
  180  provides neonatal or pediatric hospital-based health care
  181  services by licensed practitioners solely within a hospital
  182  under chapter 395.
  183         (d) Entities that are under common ownership, directly or
  184  indirectly, with an entity licensed or registered by the state
  185  pursuant to chapter 395; or entities that are under common
  186  ownership, directly or indirectly, with an entity licensed or
  187  registered by the state and providing only health care services
  188  within the scope of services authorized pursuant to their
  189  respective licenses granted under ss. 383.30-383.335, chapter
  190  390, chapter 394, chapter 397, this chapter except part X,
  191  chapter 429, chapter 463, chapter 465, chapter 466, chapter 478,
  192  part I of chapter 483, chapter 484, or chapter 651; end-stage
  193  renal disease providers authorized under 42 C.F.R. part 405,
  194  subpart U; or providers certified under 42 C.F.R. part 485,
  195  subpart B or subpart H; or any entity that provides neonatal or
  196  pediatric hospital-based health care services by licensed
  197  practitioners solely within a hospital licensed under chapter
  198  395.
  199         (e) An entity that is exempt from federal taxation under 26
  200  U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
  201  under 26 U.S.C. s. 409 that has a board of trustees not less
  202  than two-thirds of which are Florida-licensed health care
  203  practitioners and provides only physical therapy services under
  204  physician orders, any community college or university clinic,
  205  and any entity owned or operated by the federal or state
  206  government, including agencies, subdivisions, or municipalities
  207  thereof.
  208         (f) A sole proprietorship, group practice, partnership, or
  209  corporation that provides health care services by physicians
  210  covered by s. 627.419, that is directly supervised by one or
  211  more of such physicians, and that is wholly owned by one or more
  212  of those physicians or by a physician and the spouse, parent,
  213  child, or sibling of that physician.
  214         (g) A sole proprietorship, group practice, partnership, or
  215  corporation that provides health care services by licensed
  216  health care practitioners under chapter 457, chapter 458,
  217  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
  218  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
  219  chapter 490, chapter 491, or part I, part III, part X, part
  220  XIII, or part XIV of chapter 468, or s. 464.012, which are
  221  wholly owned by one or more licensed health care practitioners,
  222  or the licensed health care practitioners set forth in this
  223  paragraph and the spouse, parent, child, or sibling of a
  224  licensed health care practitioner, so long as one of the owners
  225  who is a licensed health care practitioner is supervising the
  226  business activities and is legally responsible for the entity’s
  227  compliance with all federal and state laws. However, a health
  228  care practitioner may not supervise services beyond the scope of
  229  the practitioner’s license, except that, for the purposes of
  230  this part, a clinic owned by a licensee in s. 456.053(3)(b) that
  231  provides only services authorized pursuant to s. 456.053(3)(b)
  232  may be supervised by a licensee specified in s. 456.053(3)(b).
  233         (h) Clinical facilities affiliated with an accredited
  234  medical school at which training is provided for medical
  235  students, residents, or fellows.
  236         (i) Entities that provide only oncology or radiation
  237  therapy services by physicians licensed under chapter 458 or
  238  chapter 459 or entities that provide oncology or radiation
  239  therapy services by physicians licensed under chapter 458 or
  240  chapter 459 which are owned by a corporation whose shares are
  241  publicly traded on a recognized stock exchange.
  242         (j) Clinical facilities affiliated with a college of
  243  chiropractic accredited by the Council on Chiropractic Education
  244  at which training is provided for chiropractic students.
  245         (k) Entities that provide licensed practitioners to staff
  246  emergency departments or to deliver anesthesia services in
  247  facilities licensed under chapter 395 and that derive at least
  248  90 percent of their gross annual revenues from the provision of
  249  such services. Entities claiming an exemption from licensure
  250  under this paragraph must provide documentation demonstrating
  251  compliance.
  252         (l) Orthotic or prosthetic clinical facilities that are a
  253  publicly traded corporation or that are wholly owned, directly
  254  or indirectly, by a publicly traded corporation. As used in this
  255  paragraph, a publicly traded corporation is a corporation that
  256  issues securities traded on an exchange registered with the
  257  United States Securities and Exchange Commission as a national
  258  securities exchange.
  259         (7) “Portable equipment provider” means an entity that
  260  contracts with or employs persons to provide portable equipment
  261  to multiple locations performing treatment or diagnostic testing
  262  of individuals, that bills third-party payors for those
  263  services, and that otherwise meets the definition of a clinic in
  264  subsection (4).
  265         Section 2. Subsection (5) of section 456.037, Florida
  266  Statutes, is amended to read:
  267         456.037 Business establishments; requirements for active
  268  status licenses; delinquency; discipline; applicability.—
  269         (5) This section applies to any business establishment
  270  registered, permitted, or licensed by the department to do
  271  business. Business establishments include, but are not limited
  272  to, dental laboratories, electrology facilities, massage
  273  establishments, pharmacies, and controlled-substance medical
  274  pain-management clinics required to be registered under s.
  275  458.3265 or s. 459.0137.
  276         Section 3. Paragraph (a) of subsection (9) of section
  277  456.057, Florida Statutes, is amended to read:
  278         456.057 Ownership and control of patient records; report or
  279  copies of records to be furnished.—
  280         (9)(a)1. The department may obtain patient records pursuant
  281  to a subpoena without written authorization from the patient if
  282  the department and the probable cause panel of the appropriate
  283  board, if any, find reasonable cause to believe that a health
  284  care practitioner has excessively or inappropriately prescribed
  285  any controlled substance specified in chapter 893 in violation
  286  of this chapter or any professional practice act or that a
  287  health care practitioner has practiced his or her profession
  288  below that level of care, skill, and treatment required as
  289  defined by this chapter or any professional practice act and
  290  also find that appropriate, reasonable attempts were made to
  291  obtain a patient release. Notwithstanding the foregoing, the
  292  department need not attempt to obtain a patient release when
  293  investigating an offense involving the inappropriate
  294  prescribing, overprescribing, or diversion of controlled
  295  substances and the offense involves a controlled-substance
  296  medical pain-management clinic. The department may obtain
  297  patient records pursuant to a subpoena and without patient
  298  authorization or notification to the patient subpoena from any
  299  controlled-substance medical pain-management clinic required to
  300  be licensed if the department has probable cause to believe that
  301  a violation of any provision of s. 458.3265 or s. 459.0137 is
  302  occurring or has occurred and reasonably believes that obtaining
  303  such patient authorization is not feasible due to the volume of
  304  the dispensing and prescribing activity involving controlled
  305  substances and that obtaining patient authorization or the
  306  issuance of a subpoena would jeopardize the investigation.
  307         2. The department may obtain patient records and insurance
  308  information pursuant to a subpoena without written authorization
  309  from the patient if the department and the probable cause panel
  310  of the appropriate board, if any, find reasonable cause to
  311  believe that a health care practitioner has provided inadequate
  312  medical care based on termination of insurance and also find
  313  that appropriate, reasonable attempts were made to obtain a
  314  patient release.
  315         3. The department may obtain patient records, billing
  316  records, insurance information, provider contracts, and all
  317  attachments thereto pursuant to a subpoena without written
  318  authorization from the patient if the department and probable
  319  cause panel of the appropriate board, if any, find reasonable
  320  cause to believe that a health care practitioner has submitted a
  321  claim, statement, or bill using a billing code that would result
  322  in payment greater in amount than would be paid using a billing
  323  code that accurately describes the services performed, requested
  324  payment for services that were not performed by that health care
  325  practitioner, used information derived from a written report of
  326  an automobile accident generated pursuant to chapter 316 to
  327  solicit or obtain patients personally or through an agent
  328  regardless of whether the information is derived directly from
  329  the report or a summary of that report or from another person,
  330  solicited patients fraudulently, received a kickback as defined
  331  in s. 456.054, violated the patient brokering provisions of s.
  332  817.505, or presented or caused to be presented a false or
  333  fraudulent insurance claim within the meaning of s.
  334  817.234(1)(a), and also find that, within the meaning of s.
  335  817.234(1)(a), patient authorization cannot be obtained because
  336  the patient cannot be located or is deceased, incapacitated, or
  337  suspected of being a participant in the fraud or scheme, and if
  338  the subpoena is issued for specific and relevant records.
  339         4. Notwithstanding subparagraphs 1.-3., when the department
  340  investigates a professional liability claim or undertakes action
  341  pursuant to s. 456.049 or s. 627.912, the department may obtain
  342  patient records pursuant to a subpoena without written
  343  authorization from the patient if the patient refuses to
  344  cooperate or if the department attempts to obtain a patient
  345  release and the failure to obtain the patient records would be
  346  detrimental to the investigation.
  347         Section 4. Section 458.3265, Florida Statutes, is amended
  348  to read:
  349         458.3265 Controlled-substance medical pain-management
  350  clinics.—
  351         (1) REGISTRATION.—
  352         (a) A All privately owned controlled-substance medical
  353  clinic, facility, or office pain-management clinics, facilities,
  354  or offices, hereinafter referred to as a “clinic,” “clinics,”
  355  may not advertise services related to the dispensing of
  356  medication. A controlled-substance medical clinic is a facility
  357  that employs a physician who prescribes on any given day more
  358  than 25 prescriptions of Schedule II or Schedule III controlled
  359  substance medications, or a combination thereof, which advertise
  360  in any medium for any type of pain-management services, or
  361  employs employ a physician who is primarily engaged in the
  362  treatment of pain by prescribing or dispensing controlled
  363  substance medications. Such a clinic, must register with the
  364  department unless:
  365         1. That clinic is licensed as a facility pursuant to
  366  chapter 395;
  367         2. The majority of the physicians who provide services in
  368  the clinic primarily provide interventional pain-management
  369  procedures and other surgical services;
  370         3. The clinic is owned by a publicly held corporation whose
  371  shares are traded on a national exchange or on the over-the
  372  counter market and whose total assets at the end of the
  373  corporation’s most recent fiscal quarter exceeded $50 million;
  374         4. The clinic is affiliated with an accredited medical
  375  school at which training is provided for medical students,
  376  residents, or fellows; or
  377         5. The clinic does not prescribe or dispense controlled
  378  substances for the treatment of pain; or
  379         5.6. The clinic is owned by a corporate entity exempt from
  380  federal taxation under 26 U.S.C. s. 501(c)(3).
  381         (b) Each clinic location shall be registered separately
  382  regardless of whether the clinic is operated under the same
  383  business name or management as another clinic.
  384         (c) As a part of registration, a clinic must designate a
  385  physician who is responsible for complying with all requirements
  386  related to registration and operation of the clinic in
  387  compliance with this section. Within 10 days after termination
  388  of a designated physician, the clinic must notify the department
  389  of the identity of another designated physician for that clinic.
  390  The designated physician shall have a full, active, and
  391  unencumbered license under this chapter or chapter 459 and shall
  392  practice at the clinic location for which the physician has
  393  assumed responsibility. Failing to have a licensed designated
  394  physician practicing at the location of the registered clinic
  395  may be the basis for a summary suspension of the clinic
  396  registration certificate as described in s. 456.073(8) for a
  397  license or s. 120.60(6).
  398         (d) The department shall deny registration to any clinic
  399  that is not fully owned by a physician licensed under this
  400  chapter or chapter 459 or a group of physicians, each of whom is
  401  licensed under this chapter or chapter 459; or that is not a
  402  health care clinic licensed under part X of chapter 400.
  403         (e) The department shall deny registration to any
  404  controlled-substance medical pain-management clinic owned by or
  405  with any contractual or employment relationship with a
  406  physician:
  407         1. Whose Drug Enforcement Administration number has ever
  408  been revoked.
  409         2. Whose application for a license to prescribe, dispense,
  410  or administer a controlled substance has been denied by any
  411  jurisdiction.
  412         3. Who has been convicted of or pleaded guilty or nolo
  413  contendere to, regardless of adjudication, an offense that
  414  constitutes a felony for receipt of illicit and diverted drugs,
  415  including a controlled substance listed in Schedule I, Schedule
  416  II, Schedule III, Schedule IV, or Schedule V of s. 893.03, in
  417  this state, any other state, or the United States.
  418         (f) If the department finds upon a hearing by the probable
  419  cause panel that a controlled-substance medical pain-management
  420  clinic does not meet the requirement of paragraph (d) or is
  421  owned, directly or indirectly, by a person meeting any criteria
  422  listed in paragraph (e), the department shall revoke the
  423  certificate of registration previously issued by the department.
  424  As determined by rule, the department may grant an exemption to
  425  denying a registration or revoking a previously issued
  426  registration if more than 10 years have elapsed since
  427  adjudication. As used in this subsection, the term “convicted”
  428  includes an adjudication of guilt following a plea of guilty or
  429  nolo contendere or the forfeiture of a bond when charged with a
  430  crime.
  431         (g) The department may revoke the clinic’s certificate of
  432  registration and prohibit all physicians associated with that
  433  controlled-substance medical pain-management clinic from
  434  practicing at that clinic location based upon an annual
  435  inspection and evaluation of the factors described in subsection
  436  (3) and upon a final determination by the probable cause panel
  437  of the appropriate board that any physician associated with that
  438  controlled-substance medical clinic knew or should have known of
  439  any violations of the factors described in subsection (3).
  440         (h)1. If the registration of a controlled-substance medical
  441  pain-management clinic is revoked or suspended, the designated
  442  physician of the controlled-substance medical pain-management
  443  clinic, the owner or lessor of the controlled-substance medical
  444  pain-management clinic property, the manager, and the proprietor
  445  shall cease to operate the facility as a controlled-substance
  446  medical pain-management clinic as of the effective date of the
  447  suspension or revocation.
  448         2. Notwithstanding subparagraph 1., the clinic’s
  449  registration shall not be revoked or suspended if the clinic,
  450  within 24 hours after notification of suspension or revocation,
  451  appoints another designated physician who has a full, active,
  452  and unencumbered license under this chapter or chapter 459 to
  453  operate a controlled-substance medical clinic.
  454         (i) If a controlled-substance medical pain-management
  455  clinic registration is revoked or suspended, the designated
  456  physician of the controlled-substance medical pain-management
  457  clinic, the owner or lessor of the clinic property, the manager,
  458  or the proprietor is responsible for removing all signs and
  459  symbols identifying the premises as a controlled-substance
  460  medical pain-management clinic.
  461         (j) Upon the effective date of the suspension or
  462  revocation, the designated physician of the controlled-substance
  463  medical pain-management clinic shall advise the department of
  464  the disposition of the medicinal drugs located on the premises.
  465  The disposition is subject to the supervision and approval of
  466  the department. Medicinal drugs that are purchased or held by a
  467  controlled-substance medical pain-management clinic that is not
  468  registered may be deemed adulterated pursuant to s. 499.006.
  469         (k) If the clinic’s registration is revoked, any person
  470  named in the registration documents of the controlled-substance
  471  medical pain-management clinic, including persons owning or
  472  operating the controlled-substance medical pain-management
  473  clinic, may not, as an individual or as a part of a group, apply
  474  to operate a controlled-substance medical pain-management clinic
  475  for 5 years after the date the registration is revoked upon a
  476  finding by the probable cause panel, and an opportunity to be
  477  heard, that the persons operating such clinic knew or should
  478  have known of violations causing such revocation.
  479         (l) The period of suspension for the registration of a
  480  controlled-substance medical pain-management clinic shall be
  481  prescribed by the department, but may not exceed 1 year.
  482         (m) A change of ownership of a registered controlled
  483  substance medical pain-management clinic requires submission of
  484  a new registration application.
  485         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
  486  apply to any physician who provides professional services in a
  487  controlled-substance medical pain-management clinic that is
  488  required to be registered in subsection (1).
  489         (a) A physician may not practice medicine in a controlled
  490  substance medical pain-management clinic, as described in
  491  subsection (4), if:
  492         1. the controlled-substance medical pain-management clinic
  493  is not registered with the department as required by this
  494  section.; or
  495         2. Effective July 1, 2012, the physician has not
  496  successfully completed a pain-medicine fellowship that is
  497  accredited by the Accreditation Council for Graduate Medical
  498  Education or a pain-medicine residency that is accredited by the
  499  Accreditation Council for Graduate Medical Education or, prior
  500  to July 1, 2012, does not comply with rules adopted by the
  501  board.
  502  
  503  Any physician who qualifies to practice medicine in a pain
  504  management clinic pursuant to rules adopted by the Board of
  505  Medicine as of July 1, 2012, may continue to practice medicine
  506  in a pain-management clinic as long as the physician continues
  507  to meet the qualifications set forth in the board rules. A
  508  physician who violates this paragraph is subject to disciplinary
  509  action by his or her appropriate medical regulatory board.
  510         (b) A person may not dispense any medication, including a
  511  controlled substance, on the premises of a registered
  512  controlled-substance medical pain-management clinic unless he or
  513  she is a physician licensed under this chapter or chapter 459.
  514         (c) A physician, advanced registered nurse practitioner, or
  515  a physician assistant must perform an appropriate medical a
  516  physical examination of a patient on the same day that the
  517  physician he or she dispenses or prescribes a controlled
  518  substance to a patient at a controlled-substance medical pain
  519  management clinic. A If the physician may not dispense
  520  prescribes or dispenses more than a 30-day supply 72-hour dose
  521  of controlled substances to any patient for the treatment of
  522  chronic nonmalignant pain, the physician must document in the
  523  patient’s record the reason for prescribing or dispensing that
  524  quantity.
  525         (d) A physician authorized to prescribe controlled
  526  substances who practices at a controlled-substance medical pain
  527  management clinic is responsible for maintaining the control and
  528  security of his or her prescription blanks and any other method
  529  used for prescribing controlled substance pain medication. The
  530  physician shall comply with the requirements for counterfeit
  531  resistant prescription blanks in s. 893.065 and the rules
  532  adopted pursuant to that section. The physician shall notify, in
  533  writing, the department within 24 hours after discovering
  534  following any theft or loss of a prescription blank or breach of
  535  any other method for prescribing controlled substances pain
  536  medication.
  537         (e) The designated physician of a controlled-substance
  538  medical pain-management clinic shall notify the applicable board
  539  in writing of the date of termination of employment within 10
  540  days after terminating his or her employment with a controlled
  541  substance medical pain-management clinic that is required to be
  542  registered under subsection (1).
  543         (3) INSPECTION.—
  544         (a) The department shall inspect the controlled-substance
  545  medical pain-management clinic annually, including a review of
  546  the patient records, to ensure that it complies with this
  547  section and the rules of the Board of Medicine adopted pursuant
  548  to subsection (4) unless the clinic is accredited by a
  549  nationally recognized accrediting agency approved by the Board
  550  of Medicine.
  551         (b) During an onsite inspection, the department shall make
  552  a reasonable attempt to discuss each violation with the owner or
  553  designated physician of the controlled-substance medical pain
  554  management clinic before issuing a formal written notification.
  555         (c) Any action taken to correct a violation shall be
  556  documented in writing by the owner or designated physician of
  557  the controlled-substance medical pain-management clinic and
  558  verified by followup visits by departmental personnel.
  559         (4) RULEMAKING.—
  560         (a) The department shall adopt rules necessary to
  561  administer the registration and inspection of controlled
  562  substance medical pain-management clinics which establish the
  563  specific requirements, procedures, forms, and fees.
  564         (b) The department shall adopt a rule defining what
  565  constitutes practice by a designated physician at the clinic
  566  location for which the physician has assumed responsibility, as
  567  set forth in subsection (1). When adopting the rule, the
  568  department shall consider the number of clinic employees, the
  569  location of the controlled-substance medical pain-management
  570  clinic, the clinic’s hours of operation, and the amount of
  571  controlled substances being prescribed, dispensed, or
  572  administered at the controlled-substance medical pain-management
  573  clinic.
  574         (c) The Board of Medicine shall adopt a rule establishing
  575  the maximum number of prescriptions for Schedule II or Schedule
  576  III controlled substances or the controlled substance Alprazolam
  577  which may be written at any one registered pain-management
  578  clinic during any 24-hour period.
  579         (c)(d) The Board of Medicine shall adopt rules setting
  580  forth standards of practice for physicians practicing in
  581  privately owned controlled-substance medical pain-management
  582  clinics that primarily engage in the treatment of pain by
  583  prescribing or dispensing controlled substance medications. Such
  584  rules shall address, but need not be limited to:
  585         1. Facility operations;
  586         2. Physical operations;
  587         3. Infection control requirements;
  588         4. Health and safety requirements;
  589         5. Quality assurance requirements;
  590         6. Patient records;
  591         7. Training requirements for all facility health care
  592  practitioners who are not regulated by another board;
  593         7.8. Inspections; and
  594         8.9. Data collection and reporting requirements.
  595  
  596  A physician is primarily engaged in the treatment of pain by
  597  prescribing or dispensing controlled substance medications when
  598  the majority of the patients seen are prescribed or dispensed
  599  controlled substance medications for the treatment of chronic
  600  nonmalignant pain. Chronic nonmalignant pain is pain unrelated
  601  to cancer which persists beyond the usual course of the disease
  602  or the injury that is the cause of the pain or more than 90 days
  603  after surgery.
  604         (5) PENALTIES; ENFORCEMENT.—
  605         (a) The department may impose an administrative fine on the
  606  clinic of up to $5,000 per violation for violating the
  607  requirements of this section; chapter 499, the Florida Drug and
  608  Cosmetic Act; 21 U.S.C. ss. 301-392, the Federal Food, Drug, and
  609  Cosmetic Act; 21 U.S.C. ss. 821 et seq., the Comprehensive Drug
  610  Abuse Prevention and Control Act; chapter 893, the Florida
  611  Comprehensive Drug Abuse Prevention and Control Act; or the
  612  rules of the department. In determining whether a penalty is to
  613  be imposed, and in fixing the amount of the fine, the department
  614  shall consider the following factors:
  615         1. The gravity of the violation, including the probability
  616  that death or serious physical or emotional harm to a patient
  617  has resulted, or could have resulted, from the controlled
  618  substance medical pain-management clinic’s actions or the
  619  actions of the physician, the severity of the action or
  620  potential harm, and the extent to which the provisions of the
  621  applicable laws or rules were violated.
  622         2. What actions, if any, the owner or designated physician
  623  took to correct the violations.
  624         3. Whether there were any previous violations at the
  625  controlled-substance medical pain-management clinic.
  626         4. The financial benefits that the controlled-substance
  627  medical pain-management clinic derived from committing or
  628  continuing to commit the violation.
  629         (b) Each day a violation continues after the date fixed for
  630  termination of the violation as ordered by the department
  631  constitutes an additional, separate, and distinct violation.
  632         (c) The department may impose a fine and, in the case of an
  633  owner-operated controlled-substance medical pain-management
  634  clinic, revoke or deny a controlled-substance medical pain
  635  management clinic’s registration, if the clinic’s designated
  636  physician knowingly and intentionally misrepresents actions
  637  taken to correct a violation.
  638         (d) An owner or designated physician of a controlled
  639  substance medical pain-management clinic who concurrently
  640  operates an unregistered controlled-substance medical pain
  641  management clinic is subject to an administrative fine of $5,000
  642  per day.
  643         (e) If the owner of a controlled-substance medical pain
  644  management clinic that requires registration fails to apply to
  645  register the clinic upon a change of ownership and operates the
  646  clinic under the new ownership, the owner is subject to a fine
  647  of $5,000.
  648         Section 5. Paragraphs (a) and (e) of subsection (1) and
  649  paragraph (f) of subsection (2) of section 458.327, Florida
  650  Statutes, are amended to read:
  651         458.327 Penalty for violations.—
  652         (1) Each of the following acts constitutes a felony of the
  653  third degree, punishable as provided in s. 775.082, s. 775.083,
  654  or s. 775.084:
  655         (a) The practice of medicine or an attempt to practice
  656  medicine without a license to practice in this state Florida.
  657         (e) Knowingly operating, owning, or managing a
  658  nonregistered controlled-substance medical pain-management
  659  clinic that is required to be registered with the Department of
  660  Health pursuant to s. 458.3265(1).
  661         (2) Each of the following acts constitutes a misdemeanor of
  662  the first degree, punishable as provided in s. 775.082 or s.
  663  775.083:
  664         (f) Knowingly prescribing or dispensing, or causing to be
  665  prescribed or dispensed, controlled substances in a
  666  nonregistered controlled-substance medical pain-management
  667  clinic that is required to be registered with the Department of
  668  Health pursuant to s. 458.3265(1).
  669         Section 6. Paragraphs (oo) and (pp) of subsection (1) of
  670  section 458.331, Florida Statutes, are amended to read:
  671         458.331 Grounds for disciplinary action; action by the
  672  board and department.—
  673         (1) The following acts constitute grounds for denial of a
  674  license or disciplinary action, as specified in s. 456.072(2):
  675         (oo) Applicable to a licensee who serves as the designated
  676  physician of a controlled-substance medical pain-management
  677  clinic as defined in s. 458.3265 or s. 459.0137:
  678         1. Registering a controlled-substance medical pain
  679  management clinic through misrepresentation or fraud;
  680         2. Procuring, or attempting to procure, the registration of
  681  a controlled-substance medical pain-management clinic for any
  682  other person by making or causing to be made, any false
  683  representation;
  684         3. Failing to comply with any requirement of chapter 499,
  685  the Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the
  686  Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq.,
  687  the Drug Abuse Prevention and Control Act; or chapter 893, the
  688  Florida Comprehensive Drug Abuse Prevention and Control Act;
  689         4. Being convicted or found guilty of, regardless of
  690  adjudication to, a felony or any other crime involving moral
  691  turpitude, fraud, dishonesty, or deceit in any jurisdiction of
  692  the courts of this state, of any other state, or of the United
  693  States;
  694         5. Being convicted of, or disciplined by a regulatory
  695  agency of the Federal Government or a regulatory agency of
  696  another state for, any offense that would constitute a violation
  697  of this chapter;
  698         5.6. Being convicted of, or entering a plea of guilty or
  699  nolo contendere to, regardless of adjudication, a crime in any
  700  jurisdiction of the courts of this state, of any other state, or
  701  of the United States which relates to the practice of, or the
  702  ability to practice, a licensed health care profession;
  703         6.7. Being convicted of, or entering a plea of guilty or
  704  nolo contendere to, regardless of adjudication, a crime in any
  705  jurisdiction of the courts of this state, of any other state, or
  706  of the United States which relates to health care fraud;
  707         7.8. Dispensing any medicinal drug based upon a
  708  communication that purports to be a prescription as defined in
  709  s. 465.003(14) or s. 893.02 if the dispensing practitioner knows
  710  or has reason to believe that the purported prescription is not
  711  based upon a valid practitioner-patient relationship; or
  712         8.9. Failing to timely notify the board of the date of his
  713  or her termination from a controlled-substance medical pain
  714  management clinic as required by s. 458.3265(2).
  715         (pp) Failing to timely notify the department of the theft
  716  of prescription blanks from a controlled-substance medical pain
  717  management clinic or a breach of other methods for prescribing
  718  within 24 hours as required by s. 458.3265(2).
  719         Section 7. Section 459.0137, Florida Statutes, is amended
  720  to read:
  721         459.0137 Controlled-substance medical pain-management
  722  clinics.—
  723         (1) REGISTRATION.—
  724         (a) A All privately owned controlled-substance medical
  725  clinic, facility, or office pain-management clinics, facilities,
  726  or offices, hereinafter referred to as a “clinic,” “clinics,”
  727  may not advertise services related to the dispensing of
  728  medication. A controlled-substance medical clinic is a facility
  729  that employs an osteopathic physician who prescribes on any
  730  given day more than 25 prescriptions of Schedule II or Schedule
  731  III controlled substance medications, or a combination thereof,
  732  which advertise in any medium for any type of pain-management
  733  services, or employs employ an osteopathic physician who is
  734  primarily engaged in the treatment of pain by prescribing or
  735  dispensing controlled substance medications., Such clinic must
  736  register with the department unless:
  737         1. That clinic is licensed as a facility pursuant to
  738  chapter 395;
  739         2. The majority of the physicians who provide services in
  740  the clinic primarily provide surgical services;
  741         3. The clinic is owned by a publicly held corporation whose
  742  shares are traded on a national exchange or on the over-the
  743  counter market and whose total assets at the end of the
  744  corporation’s most recent fiscal quarter exceeded $50 million;
  745         4. The clinic is affiliated with an accredited medical
  746  school at which training is provided for medical students,
  747  residents, or fellows; or
  748         5. The clinic does not prescribe or dispense controlled
  749  substances for the treatment of pain; or
  750         5.6. The clinic is owned by a corporate entity exempt from
  751  federal taxation under 26 U.S.C. s. 501(c)(3).
  752         (b) Each clinic location shall be registered separately
  753  regardless of whether the clinic is operated under the same
  754  business name or management as another clinic.
  755         (c) As a part of registration, a clinic must designate an
  756  osteopathic, dispensing physician who is responsible for
  757  complying with all requirements related to registration and
  758  operation of the clinic in compliance with this section. Within
  759  10 days after termination of a designated osteopathic physician,
  760  the clinic must notify the department of the identity of another
  761  designated physician for that clinic. The designated physician
  762  shall have a full, active, and unencumbered license under
  763  chapter 458 or this chapter and shall practice at the clinic
  764  location for which the physician has assumed responsibility.
  765  Failing to have a licensed designated osteopathic physician
  766  practicing at the location of the registered clinic may be the
  767  basis for a summary suspension of the clinic registration
  768  certificate as described in s. 456.073(8) for a license or s.
  769  120.60(6).
  770         (d) The department shall deny registration to any clinic
  771  that is not fully owned by a physician licensed under chapter
  772  458 or this chapter or a group of physicians, each of whom is
  773  licensed under chapter 458 or this chapter; or that is not a
  774  health care clinic licensed under part X of chapter 400.
  775         (e) The department shall deny registration to any
  776  controlled-substance medical pain-management clinic owned by or
  777  with any contractual or employment relationship with a
  778  physician:
  779         1. Whose Drug Enforcement Administration number has ever
  780  been revoked.
  781         2. Whose application for a license to prescribe, dispense,
  782  or administer a controlled substance has been denied by any
  783  jurisdiction.
  784         3. Who has been convicted of or pleaded guilty or nolo
  785  contendere to, regardless of adjudication, an offense that
  786  constitutes a felony for receipt of illicit and diverted drugs,
  787  including a controlled substance listed in Schedule I, Schedule
  788  II, Schedule III, Schedule IV, or Schedule V of s. 893.03, in
  789  this state, any other state, or the United States.
  790         (f) If the department finds upon a hearing by the probable
  791  cause panel of the appropriate medical board that a controlled
  792  substance medical pain-management clinic does not meet the
  793  requirement of paragraph (d) or is owned, directly or
  794  indirectly, by a person meeting any criteria listed in paragraph
  795  (e), the department shall revoke the certificate of registration
  796  previously issued by the department. As determined by rule, the
  797  department may grant an exemption to denying a registration or
  798  revoking a previously issued registration if more than 10 years
  799  have elapsed since adjudication. As used in this subsection, the
  800  term “convicted” includes an adjudication of guilt following a
  801  plea of guilty or nolo contendere or the forfeiture of a bond
  802  when charged with a crime.
  803         (g) The department may revoke the clinic’s certificate of
  804  registration and prohibit all physicians associated with that
  805  controlled-substance medical pain-management clinic from
  806  practicing at that clinic location based upon an annual
  807  inspection and evaluation of the factors described in subsection
  808  (3) and upon a final determination by the probable cause panel
  809  of the appropriate medical board that any physician associated
  810  with that controlled-substance medical clinic knew or should
  811  have known of any violations of the factors described in
  812  subsection (3).
  813         (h)1. If the registration of a controlled-substance medical
  814  pain-management clinic is revoked or suspended, the designated
  815  physician of the controlled-substance medical pain-management
  816  clinic, the owner or lessor of the controlled-substance medical
  817  pain-management clinic property, the manager, and the proprietor
  818  shall cease to operate the facility as a controlled-substance
  819  medical pain-management clinic as of the effective date of the
  820  suspension or revocation.
  821         2. Notwithstanding subparagraph 1., the clinic’s
  822  registration shall not be revoked or suspended if the clinic,
  823  within 24 hours after notification of suspension or revocation,
  824  appoints another designated physician who has a full, active,
  825  and unencumbered license under this chapter or chapter 458 to
  826  operate a controlled-substance medical clinic.
  827         (i) If a controlled-substance medical pain-management
  828  clinic registration is revoked or suspended, the designated
  829  physician of the controlled-substance medical pain-management
  830  clinic, the owner or lessor of the clinic property, the manager,
  831  or the proprietor is responsible for removing all signs and
  832  symbols identifying the premises as a controlled-substance
  833  medical pain-management clinic.
  834         (j) Upon the effective date of the suspension or
  835  revocation, the designated physician of the controlled-substance
  836  medical pain-management clinic shall advise the department of
  837  the disposition of the medicinal drugs located on the premises.
  838  The disposition is subject to the supervision and approval of
  839  the department. Medicinal drugs that are purchased or held by a
  840  controlled-substance medical pain-management clinic that is not
  841  registered may be deemed adulterated pursuant to s. 499.006.
  842         (k) If the clinic’s registration is revoked, any person
  843  named in the registration documents of the controlled-substance
  844  medical pain-management clinic, including persons owning or
  845  operating the controlled-substance medical pain-management
  846  clinic, may not, as an individual or as a part of a group, make
  847  application for a permit to operate a controlled-substance
  848  medical pain-management clinic for 5 years after the date the
  849  registration is revoked upon a finding by the probable cause
  850  panel, and an opportunity to be heard, the persons operating
  851  such clinic knew or should have known of violations causing such
  852  revocation.
  853         (l) The period of suspension for the registration of a
  854  controlled-substance medical pain-management clinic shall be
  855  prescribed by the department, but may not exceed 1 year.
  856         (m) A change of ownership of a registered controlled
  857  substance medical pain-management clinic requires submission of
  858  a new registration application.
  859         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
  860  apply to any osteopathic physician who provides professional
  861  services in a controlled-substance medical pain-management
  862  clinic that is required to be registered in subsection (1).
  863         (a) An osteopathic physician may not practice medicine in a
  864  controlled-substance medical pain-management clinic, as
  865  described in subsection (4), if:
  866         1. the controlled-substance medical pain-management clinic
  867  is not registered with the department as required by this
  868  section.; or
  869         2. Effective July 1, 2012, the physician has not
  870  successfully completed a pain-medicine fellowship that is
  871  accredited by the Accreditation Council for Graduate Medical
  872  Education or the American Osteopathic Association or a pain
  873  medicine residency that is accredited by the Accreditation
  874  Council for Graduate Medical Education or the American
  875  Osteopathic Association or, prior to July 1, 2012, does not
  876  comply with rules adopted by the board.
  877  
  878  Any physician who qualifies to practice medicine in a pain
  879  management clinic pursuant to rules adopted by the Board of
  880  Osteopathic Medicine as of July 1, 2012, may continue to
  881  practice medicine in a pain-management clinic as long as the
  882  physician continues to meet the qualifications set forth in the
  883  board rules. An osteopathic physician who violates this
  884  paragraph is subject to disciplinary action by his or her
  885  appropriate medical regulatory board.
  886         (b) A person may not dispense any medication, including a
  887  controlled substance, on the premises of a registered
  888  controlled-substance medical pain-management clinic unless he or
  889  she is a physician licensed under this chapter or chapter 458.
  890         (c) An osteopathic physician, an advanced registered nurse
  891  practitioner, or a physician assistant must perform an
  892  appropriate medical a physical examination of a patient on the
  893  same day that the osteopathic physician he or she dispenses or
  894  prescribes a controlled substance to a patient at a controlled
  895  substance medical pain-management clinic. An If the osteopathic
  896  physician may not dispense prescribes or dispenses more than a
  897  30-day supply 72-hour dose of controlled substances to any
  898  patient for the treatment of chronic nonmalignant pain, the
  899  osteopathic physician must document in the patient’s record the
  900  reason for prescribing or dispensing that quantity.
  901         (d) An osteopathic physician authorized to prescribe
  902  controlled substances who practices at a controlled-substance
  903  medical pain-management clinic is responsible for maintaining
  904  the control and security of his or her prescription blanks and
  905  any other method used for prescribing controlled substance pain
  906  medication. The osteopathic physician shall comply with the
  907  requirements for counterfeit-resistant prescription blanks in s.
  908  893.065 and the rules adopted pursuant to that section. The
  909  osteopathic physician shall notify, in writing, the department
  910  within 24 hours after discovering following any theft or loss of
  911  a prescription blank or breach of any other method for
  912  prescribing controlled substances pain medication.
  913         (e) The designated osteopathic physician of a controlled
  914  substance medical pain-management clinic shall notify the
  915  applicable board in writing of the date of termination of
  916  employment within 10 days after terminating his or her
  917  employment with a controlled-substance medical pain-management
  918  clinic that is required to be registered under subsection (1).
  919         (3) INSPECTION.—
  920         (a) The department shall inspect the controlled-substance
  921  medical pain-management clinic annually, including a review of
  922  the patient records, to ensure that it complies with this
  923  section and the rules of the Board of Osteopathic Medicine
  924  adopted pursuant to subsection (4) unless the clinic is
  925  accredited by a nationally recognized accrediting agency
  926  approved by the Board of Osteopathic Medicine.
  927         (b) During an onsite inspection, the department shall make
  928  a reasonable attempt to discuss each violation with the owner or
  929  designated physician of the controlled-substance medical pain
  930  management clinic before issuing a formal written notification.
  931         (c) Any action taken to correct a violation shall be
  932  documented in writing by the owner or designated physician of
  933  the controlled-substance medical pain-management clinic and
  934  verified by followup visits by departmental personnel.
  935         (4) RULEMAKING.—
  936         (a) The department shall adopt rules necessary to
  937  administer the registration and inspection of controlled
  938  substance medical pain-management clinics which establish the
  939  specific requirements, procedures, forms, and fees.
  940         (b) The department shall adopt a rule defining what
  941  constitutes practice by a designated osteopathic physician at
  942  the clinic location for which the physician has assumed
  943  responsibility, as set forth in subsection (1). When adopting
  944  the rule, the department shall consider the number of clinic
  945  employees, the location of the controlled-substance medical
  946  pain-management clinic, the clinic’s hours of operation, and the
  947  amount of controlled substances being prescribed, dispensed, or
  948  administered at the controlled-substance medical pain-management
  949  clinic.
  950         (c) The Board of Osteopathic Medicine shall adopt a rule
  951  establishing the maximum number of prescriptions for Schedule II
  952  or Schedule III controlled substances or the controlled
  953  substance Alprazolam which may be written at any one registered
  954  pain-management clinic during any 24-hour period.
  955         (c)(d) The Board of Osteopathic Medicine shall adopt rules
  956  setting forth standards of practice for osteopathic physicians
  957  practicing in privately owned controlled-substance medical pain
  958  management clinics that primarily engage in the treatment of
  959  pain by prescribing or dispensing controlled substance
  960  medications. Such rules shall address, but need not be limited
  961  to:
  962         1. Facility operations;
  963         2. Physical operations;
  964         3. Infection control requirements;
  965         4. Health and safety requirements;
  966         5. Quality assurance requirements;
  967         6. Patient records;
  968         7. Training requirements for all facility health care
  969  practitioners who are not regulated by another board;
  970         7.8. Inspections; and
  971         8.9. Data collection and reporting requirements.
  972  
  973  An osteopathic physician is primarily engaged in the treatment
  974  of pain by prescribing or dispensing controlled substance
  975  medications when the majority of the patients seen are
  976  prescribed or dispensed controlled substance medications for the
  977  treatment of chronic nonmalignant pain. Chronic nonmalignant
  978  pain is pain unrelated to cancer which persists beyond the usual
  979  course of the disease or the injury that is the cause of the
  980  pain or more than 90 days after surgery.
  981         (5) PENALTIES; ENFORCEMENT.—
  982         (a) The department may impose an administrative fine on the
  983  clinic of up to $5,000 per violation for violating the
  984  requirements of this section; chapter 499, the Florida Drug and
  985  Cosmetic Act; 21 U.S.C. ss. 301-392, the Federal Food, Drug, and
  986  Cosmetic Act; 21 U.S.C. ss. 821 et seq., the Comprehensive Drug
  987  Abuse Prevention and Control Act; chapter 893, the Florida
  988  Comprehensive Drug Abuse Prevention and Control Act; or the
  989  rules of the department. In determining whether a penalty is to
  990  be imposed, and in fixing the amount of the fine, the department
  991  shall consider the following factors:
  992         1. The gravity of the violation, including the probability
  993  that death or serious physical or emotional harm to a patient
  994  has resulted, or could have resulted, from the controlled
  995  substance medical pain-management clinic’s actions or the
  996  actions of the osteopathic physician, the severity of the action
  997  or potential harm, and the extent to which the provisions of the
  998  applicable laws or rules were violated.
  999         2. What actions, if any, the owner or designated
 1000  osteopathic physician took to correct the violations.
 1001         3. Whether there were any previous violations at the
 1002  controlled-substance medical pain-management clinic.
 1003         4. The financial benefits that the controlled-substance
 1004  medical pain-management clinic derived from committing or
 1005  continuing to commit the violation.
 1006         (b) Each day a violation continues after the date fixed for
 1007  termination of the violation as ordered by the department
 1008  constitutes an additional, separate, and distinct violation.
 1009         (c) The department may impose a fine and, in the case of an
 1010  owner-operated controlled-substance medical pain-management
 1011  clinic, revoke or deny a controlled-substance medical pain
 1012  management clinic’s registration, if the clinic’s designated
 1013  osteopathic physician knowingly and intentionally misrepresents
 1014  actions taken to correct a violation.
 1015         (d) An owner or designated osteopathic physician of a
 1016  controlled-substance medical pain-management clinic who
 1017  concurrently operates an unregistered controlled-substance
 1018  medical pain-management clinic is subject to an administrative
 1019  fine of $5,000 per day.
 1020         (e) If the owner of a controlled-substance medical pain
 1021  management clinic that requires registration fails to apply to
 1022  register the clinic upon a change of ownership and operates the
 1023  clinic under the new ownership, the owner is subject to a fine
 1024  of $5,000.
 1025         Section 8. Paragraphs (qq) and (rr) of subsection (1) of
 1026  section 459.015, Florida Statutes, are amended to read:
 1027         459.015 Grounds for disciplinary action; action by the
 1028  board and department.—
 1029         (1) The following acts constitute grounds for denial of a
 1030  license or disciplinary action, as specified in s. 456.072(2):
 1031         (qq) Applicable to a licensee who serves as the designated
 1032  physician of a controlled-substance medical pain-management
 1033  clinic as defined in s. 458.3265 or s. 459.0137:
 1034         1. Registering a controlled-substance medical pain
 1035  management clinic through misrepresentation or fraud;
 1036         2. Procuring, or attempting to procure, the registration of
 1037  a pain-management clinic for any other person by making or
 1038  causing to be made, any false representation;
 1039         3. Failing to comply with any requirement of chapter 499,
 1040  the Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the
 1041  Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq.,
 1042  the Drug Abuse Prevention and Control Act; or chapter 893, the
 1043  Florida Comprehensive Drug Abuse Prevention and Control Act;
 1044         4. Being convicted or found guilty of, regardless of
 1045  adjudication to, a felony or any other crime involving moral
 1046  turpitude, fraud, dishonesty, or deceit in any jurisdiction of
 1047  the courts of this state, of any other state, or of the United
 1048  States;
 1049         5. Being convicted of, or disciplined by a regulatory
 1050  agency of the Federal Government or a regulatory agency of
 1051  another state for, any offense that would constitute a violation
 1052  of this chapter;
 1053         5.6. Being convicted of, or entering a plea of guilty or
 1054  nolo contendere to, regardless of adjudication, a crime in any
 1055  jurisdiction of the courts of this state, of any other state, or
 1056  of the United States which relates to the practice of, or the
 1057  ability to practice, a licensed health care profession;
 1058         6.7. Being convicted of, or entering a plea of guilty or
 1059  nolo contendere to, regardless of adjudication, a crime in any
 1060  jurisdiction of the courts of this state, of any other state, or
 1061  of the United States which relates to health care fraud;
 1062         7.8. Dispensing any medicinal drug based upon a
 1063  communication that purports to be a prescription as defined in
 1064  s. 465.003(14) or s. 893.02 if the dispensing practitioner knows
 1065  or has reason to believe that the purported prescription is not
 1066  based upon a valid practitioner-patient relationship; or
 1067         8.9. Failing to timely notify the board of the date of his
 1068  or her termination from a controlled-substance medical pain
 1069  management clinic as required by s. 459.0137(2).
 1070         (rr) Failing to timely notify the department of the theft
 1071  of prescription blanks from a controlled-substance medical pain
 1072  management clinic or a breach of other methods for prescribing
 1073  within 24 hours as required by s. 459.0137(2).
 1074         Section 9. Subsection (1) of section 465.0276, Florida
 1075  Statutes, is amended to read:
 1076         465.0276 Dispensing practitioner.—
 1077         (1)(a) A person may not dispense medicinal drugs unless
 1078  licensed as a pharmacist or otherwise authorized under this
 1079  chapter to do so, except that a practitioner authorized by law
 1080  to prescribe drugs may dispense such drugs to her or his
 1081  patients in the regular course of her or his practice in
 1082  compliance with this section.
 1083         (b) A practitioner registered under this section may not
 1084  dispense more than a 72-hour supply of a controlled substance
 1085  listed in Schedule II, Schedule III, Schedule IV, or Schedule V
 1086  of s. 893.03 for any patient who pays for the medication by
 1087  cash, check, or credit card in a clinic registered under s.
 1088  458.3265 or s. 459.0137. A practitioner who violates this
 1089  paragraph commits a felony of the third degree, punishable as
 1090  provided in s. 775.082, s. 775.083, or s. 775.084. This
 1091  paragraph does not apply to:
 1092         1. A practitioner who dispenses medication to a workers’
 1093  compensation patient pursuant to chapter 440.
 1094         2. A practitioner who dispenses medication to an insured
 1095  patient who pays by cash, check, or credit card to cover any
 1096  applicable copayment or deductible.
 1097         3. The dispensing of complimentary packages of medicinal
 1098  drugs to the practitioner’s own patients in the regular course
 1099  of her or his practice without the payment of a fee or
 1100  remuneration of any kind, whether direct or indirect, as
 1101  provided in subsection (5).
 1102         Section 10. Section 893.055, Florida Statutes, is amended
 1103  to read:
 1104         893.055 Prescription drug monitoring program.—
 1105         (1) As used in this section, the term:
 1106         (a) “Patient advisory report” or “advisory report” means
 1107  information provided by the department in writing, via
 1108  electronic delivery, or as determined by the department, to a
 1109  controlled-substance medical clinic and its employed physicians,
 1110  an advanced registered nurse practitioner, a physician
 1111  assistant, a prescriber, dispenser, pharmacy, or a patient
 1112  concerning the dispensing of controlled substances. A
 1113  controlled-substance medical clinic and its employed physicians,
 1114  an advanced registered nurse practitioner, a physician
 1115  assistant, or a pharmacy shall review each patient advisory
 1116  report before any controlled substance is dispensed to a
 1117  patient. All advisory reports are for informational purposes
 1118  only and impose no obligations of any nature or any legal duty
 1119  on a prescriber, dispenser, pharmacy, or patient. The patient
 1120  advisory report shall be provided in accordance with s.
 1121  893.13(7)(a)8. The advisory reports issued by the department are
 1122  not subject to discovery or introduction into evidence in any
 1123  civil or administrative action against a prescriber, dispenser,
 1124  pharmacy, or patient arising out of matters that are the subject
 1125  of the report; and a person who participates in preparing,
 1126  reviewing, issuing, or any other activity related to an advisory
 1127  report may not be permitted or required to testify in any such
 1128  civil action as to any findings, recommendations, evaluations,
 1129  opinions, or other actions taken in connection with preparing,
 1130  reviewing, or issuing such a report.
 1131         (b) “Controlled substance” means a controlled substance
 1132  listed in Schedule II, Schedule III, or Schedule IV in s.
 1133  893.03.
 1134         (c) “Controlled-substance medical clinic” means a facility
 1135  that employs a physician or osteopathic physician who prescribes
 1136  on any given day more than 25 prescriptions of Schedule II or
 1137  Schedule III controlled substance medications, or a combination
 1138  thereof, or employs a physician or an osteopathic physician who
 1139  is engaged in dispensing controlled substance medications.
 1140         (d)(c) “Dispenser” means a pharmacy, dispensing pharmacist,
 1141  or dispensing health care practitioner.
 1142         (e)(d) “Health care practitioner” or “practitioner” means
 1143  any practitioner who is subject to licensure or regulation by
 1144  the department under chapter 458, chapter 459, chapter 461,
 1145  chapter 462, chapter 464, chapter 465, or chapter 466.
 1146         (f)(e) “Health care regulatory board” means any board for a
 1147  practitioner or health care practitioner who is licensed or
 1148  regulated by the department.
 1149         (g)(f) “Pharmacy” means any pharmacy that is subject to
 1150  licensure or regulation by the department under chapter 465 and
 1151  that dispenses or delivers a controlled substance to an
 1152  individual or address in this state.
 1153         (h)(g) “Prescriber” means a prescribing physician,
 1154  prescribing practitioner, or other prescribing health care
 1155  practitioner.
 1156         (i)(h) “Active investigation” means an investigation that
 1157  is being conducted with a reasonable, good faith belief that it
 1158  could lead to the filing of administrative, civil, or criminal
 1159  proceedings, or that is ongoing and continuing and for which
 1160  there is a reasonable, good faith anticipation of securing an
 1161  arrest or prosecution in the foreseeable future.
 1162         (j)(i) “Law enforcement agency” means the Department of Law
 1163  Enforcement, a Florida sheriff’s department, a Florida police
 1164  department, or a law enforcement agency of the Federal
 1165  Government which enforces the laws of this state or the United
 1166  States relating to controlled substances, and which its agents
 1167  and officers are empowered by law to conduct criminal
 1168  investigations and make arrests.
 1169         (k)(j) “Program manager” means an employee of or a person
 1170  contracted by the Department of Health who is designated to
 1171  ensure the integrity of the prescription drug monitoring program
 1172  in accordance with the requirements established in paragraphs
 1173  (2)(a) and (b).
 1174         (2)(a) By December 1, 2012 2010, the department shall
 1175  design and establish a comprehensive electronic database system
 1176  that has controlled substance prescriptions provided to it and
 1177  that provides prescription information to a patient’s health
 1178  care practitioner and pharmacist who inform the department that
 1179  they wish the patient advisory report provided to them.
 1180  Otherwise, the patient advisory report will not be sent to the
 1181  practitioner, pharmacy, or pharmacist. The system shall be
 1182  designed to provide information regarding dispensed
 1183  prescriptions of controlled substances and shall not infringe
 1184  upon the legitimate prescribing or dispensing of a controlled
 1185  substance by a prescriber or dispenser acting in good faith and
 1186  in the course of professional practice. The dispenser and the
 1187  practitioners employed at or practicing at a controlled
 1188  substance medical clinic shall review the comprehensive
 1189  electronic database system before prescribing or dispensing any
 1190  controlled substances to a patient. If the dispenser identifies
 1191  or has any issues or concerns regarding the dispensing of the
 1192  controlled substance medications, the dispenser shall
 1193  immediately contact the prescriber before dispensing the
 1194  controlled substance medication. The system shall be consistent
 1195  with standards of the American Society for Automation in
 1196  Pharmacy (ASAP). The electronic system shall also comply with
 1197  the Health Insurance Portability and Accountability Act (HIPAA)
 1198  as it pertains to protected health information (PHI), electronic
 1199  protected health information (EPHI), and all other relevant
 1200  state and federal privacy and security laws and regulations. The
 1201  department shall establish policies and procedures as
 1202  appropriate regarding the reporting, accessing the database,
 1203  evaluation, management, development, implementation, operation,
 1204  storage, and security of information within the system. The
 1205  reporting of prescribed controlled substances shall include a
 1206  dispensing transaction with a dispenser pursuant to chapter 465
 1207  or through a dispensing transaction to an individual or address
 1208  in this state with a pharmacy that is not located in this state
 1209  but that is otherwise subject to the jurisdiction of this state
 1210  as to that dispensing transaction. The reporting of patient
 1211  advisory reports refers only to reports to patients, pharmacies,
 1212  and practitioners. Separate reports that contain patient
 1213  prescription history information and that are not patient
 1214  advisory reports are provided to persons and entities as
 1215  authorized in paragraphs (7)(b) and (c) and s. 893.0551.
 1216         (b) The department, when the direct support organization
 1217  receives at least $20,000 in nonstate moneys or the state
 1218  receives at least $20,000 in federal grants for the prescription
 1219  drug monitoring program, and in consultation with the Office of
 1220  Drug Control, shall adopt rules as necessary concerning the
 1221  reporting, accessing the database, evaluation, management,
 1222  development, implementation, operation, security, and storage of
 1223  information within the system, including rules for when patient
 1224  advisory reports are provided to pharmacies and prescribers, if:
 1225         1. The direct-support organization receives at least
 1226  $20,000 in nonstate moneys for the prescription drug monitoring
 1227  program;
 1228         2. The state receives at least $20,000 in federal grants
 1229  for the prescription drug monitoring program; or
 1230         3. The department collects at least $20,000 through
 1231  registration fees required by the state to dispense controlled
 1232  substances.
 1233  
 1234  The patient advisory report shall be provided in accordance with
 1235  s. 893.13(7)(a)8. The department shall work with the
 1236  professional health care licensure boards, such as the Board of
 1237  Medicine, the Board of Osteopathic Medicine, and the Board of
 1238  Pharmacy; other appropriate organizations, such as the Florida
 1239  Pharmacy Association, the Office of Drug Control, the Florida
 1240  Medical Association, the Florida Retail Federation, and the
 1241  Florida Osteopathic Medical Association, including those
 1242  relating to pain management; and the Attorney General, the
 1243  Department of Law Enforcement, and the Agency for Health Care
 1244  Administration to develop rules appropriate for the prescription
 1245  drug monitoring program.
 1246         (c) All dispensers and prescribers subject to these
 1247  reporting requirements shall be notified by the department of
 1248  the implementation date for such reporting requirements.
 1249         (d) The program manager shall work with professional health
 1250  care licensure boards and the stakeholders listed in paragraph
 1251  (b) to develop rules appropriate for identifying indicators of
 1252  controlled substance abuse and diversion.
 1253         (3) The pharmacy dispensing the controlled substance and
 1254  each prescriber who directly dispenses a controlled substance
 1255  shall submit to the electronic system, by a procedure and in a
 1256  format established by the department and consistent with an
 1257  ASAP-approved format, the following information for inclusion in
 1258  the database:
 1259         (a) The name of the prescribing practitioner, the
 1260  practitioner’s federal Drug Enforcement Administration
 1261  registration number, the practitioner’s National Provider
 1262  Identification (NPI) or other appropriate identifier, and the
 1263  date of the prescription.
 1264         (b) The date the prescription was filled and the method of
 1265  payment, such as cash by an individual, insurance coverage
 1266  through a third party, or Medicaid payment. This paragraph does
 1267  not authorize the department to include individual credit card
 1268  numbers or other account numbers in the database.
 1269         (c) The full name, address, and date of birth of the person
 1270  for whom the prescription was written.
 1271         (d) The name, national drug code, quantity, and strength of
 1272  the controlled substance dispensed.
 1273         (e) The full name, federal Drug Enforcement Administration
 1274  registration number, and address of the pharmacy or other
 1275  location from which the controlled substance was dispensed. If
 1276  the controlled substance was dispensed by a practitioner other
 1277  than a pharmacist, the practitioner’s full name, federal Drug
 1278  Enforcement Administration registration number, and address.
 1279         (f) The name of the pharmacy or practitioner, other than a
 1280  pharmacist, dispensing the controlled substance and the
 1281  practitioner’s National Provider Identification (NPI).
 1282         (g) Other appropriate identifying information as determined
 1283  by department rule.
 1284         (4) Each time a controlled substance is dispensed to an
 1285  individual, the controlled substance shall be reported to the
 1286  department through the system as soon thereafter as possible,
 1287  but not more than 24 hours 15 days after the date the controlled
 1288  substance is dispensed unless an extension is approved by the
 1289  department for cause as determined by rule. A dispenser must
 1290  meet the reporting requirements of this section by providing the
 1291  required information concerning each controlled substance that
 1292  it dispensed in a department-approved, secure methodology and
 1293  format. Such approved formats may include, but are not limited
 1294  to, submission via the Internet, on a disc, or by use of regular
 1295  mail.
 1296         (5) When the following acts of dispensing or administering
 1297  occur, the following are exempt from reporting under this
 1298  section for that specific act of dispensing or administration:
 1299         (a) A health care practitioner when administering a
 1300  controlled substance directly to a patient if the amount of the
 1301  controlled substance is adequate to treat the patient during
 1302  that particular treatment session.
 1303         (b) A pharmacist or health care practitioner when
 1304  administering a controlled substance to a patient or resident
 1305  receiving care as a patient at a hospital, nursing home,
 1306  ambulatory surgical center, hospice, or intermediate care
 1307  facility for the developmentally disabled which is licensed in
 1308  this state.
 1309         (c) A practitioner when administering or dispensing a
 1310  controlled substance in the health care system of the Department
 1311  of Corrections.
 1312         (d) A practitioner when administering a controlled
 1313  substance in the emergency room of a licensed hospital.
 1314         (e) A health care practitioner when administering or
 1315  dispensing a controlled substance to a person under the age of
 1316  16.
 1317         (f) A pharmacist or a dispensing practitioner when
 1318  dispensing a one-time, 72-hour emergency resupply of a
 1319  controlled substance to a patient.
 1320         (6) The department may establish when to suspend and when
 1321  to resume reporting information during a state-declared or
 1322  nationally declared disaster.
 1323         (7)(a) A practitioner or pharmacist who dispenses a
 1324  controlled substance must submit the information required by
 1325  this section in an electronic or other method in an ASAP format
 1326  approved by rule of the department unless otherwise provided in
 1327  this section. The cost to the dispenser in submitting the
 1328  information required by this section may not be material or
 1329  extraordinary. Costs not considered to be material or
 1330  extraordinary include, but are not limited to, regular postage,
 1331  electronic media, regular electronic mail, and facsimile
 1332  charges.
 1333         (b) A pharmacy, prescriber, or dispenser shall have access
 1334  to information in the prescription drug monitoring program’s
 1335  database which relates to a patient of that pharmacy,
 1336  prescriber, or dispenser in a manner established by the
 1337  department as needed for the purpose of reviewing the patient’s
 1338  controlled substance prescription history. Other access to the
 1339  program’s database shall be limited to the program’s manager and
 1340  to the designated program and support staff, who may act only at
 1341  the direction of the program manager or, in the absence of the
 1342  program manager, as authorized. Access by the program manager or
 1343  such designated staff is for prescription drug program
 1344  management only or for management of the program’s database and
 1345  its system in support of the requirements of this section and in
 1346  furtherance of the prescription drug monitoring program.
 1347  Confidential and exempt information in the database shall be
 1348  released only as provided in paragraph (c) and s. 893.0551.
 1349         (c) The following entities shall not be allowed direct
 1350  access to information in the prescription drug monitoring
 1351  program database but may request from the program manager and,
 1352  when authorized by the program manager, the program manager’s
 1353  program and support staff, information that is confidential and
 1354  exempt under s. 893.0551. Prior to release, the request shall be
 1355  verified as authentic and authorized with the requesting
 1356  organization by the program manager, the program manager’s
 1357  program and support staff, or as determined in rules by the
 1358  department as being authentic and as having been authorized by
 1359  the requesting entity:
 1360         1. The department or its relevant health care regulatory
 1361  boards responsible for the licensure, regulation, or discipline
 1362  of practitioners, pharmacists, or other persons who are
 1363  authorized to prescribe, administer, or dispense controlled
 1364  substances and who are involved in a specific controlled
 1365  substance investigation involving a designated person for one or
 1366  more prescribed controlled substances.
 1367         2. The Attorney General for Medicaid fraud cases involving
 1368  prescribed controlled substances.
 1369         3. A law enforcement agency upon determination that
 1370  probable cause exists that a crime is being committed and
 1371  issuance of a search warrant regarding the during active
 1372  investigations regarding potential criminal activity, fraud, or
 1373  theft regarding prescribed controlled substances.
 1374         4. A patient or the legal guardian or designated health
 1375  care surrogate of an incapacitated patient as described in s.
 1376  893.0551 who, for the purpose of verifying the accuracy of the
 1377  database information, submits a written and notarized request
 1378  that includes the patient’s full name, address, and date of
 1379  birth, and includes the same information if the legal guardian
 1380  or health care surrogate submits the request. The request shall
 1381  be validated by the department to verify the identity of the
 1382  patient and the legal guardian or health care surrogate, if the
 1383  patient’s legal guardian or health care surrogate is the
 1384  requestor. Such verification is also required for any request to
 1385  change a patient’s prescription history or other information
 1386  related to his or her information in the electronic database.
 1387  
 1388  Information in the database for the electronic prescription drug
 1389  monitoring system is not discoverable or admissible in any civil
 1390  or administrative action, except in an investigation and
 1391  disciplinary proceeding by the department or the appropriate
 1392  regulatory board.
 1393         (d) The following entities shall not be allowed direct
 1394  access to information in the prescription drug monitoring
 1395  program database but may request from the program manager and,
 1396  when authorized by the program manager, the program manager’s
 1397  program and support staff, information that contains no
 1398  identifying information of any patient, physician, health care
 1399  practitioner, prescriber, or dispenser and that is not
 1400  confidential and exempt:
 1401         1. Department staff for the purpose of calculating
 1402  performance measures pursuant to subsection (8).
 1403         2. The Program Implementation and Oversight Task Force for
 1404  its reporting to the Governor, the President of the Senate, and
 1405  the Speaker of the House of Representatives regarding the
 1406  prescription drug monitoring program. This subparagraph expires
 1407  July 1, 2012.
 1408         (e) All transmissions of data required by this section must
 1409  comply with relevant state and federal privacy and security laws
 1410  and regulations. However, any authorized agency or person under
 1411  s. 893.0551 receiving such information as allowed by s. 893.0551
 1412  may maintain the information received for up to 24 months before
 1413  purging it from his or her records or maintain it for longer
 1414  than 24 months if the information is pertinent to ongoing health
 1415  care or an active law enforcement investigation or prosecution.
 1416         (f) The program manager, upon determining a pattern
 1417  consistent with the rules established under paragraph (2)(d) and
 1418  having cause to believe a violation of s. 893.13(7)(a)8.,
 1419  (8)(a), or (8)(b) has occurred, may provide relevant information
 1420  to the applicable law enforcement agency.
 1421         (8) To assist in fulfilling program responsibilities,
 1422  performance measures shall be reported annually to the Governor,
 1423  the President of the Senate, and the Speaker of the House of
 1424  Representatives by the department each December 1, beginning in
 1425  2011. Data that does not contain patient, physician, health care
 1426  practitioner, prescriber, or dispenser identifying information
 1427  may be requested during the year by department employees so that
 1428  the department may undertake public health care and safety
 1429  initiatives that take advantage of observed trends. Performance
 1430  measures may include, but are not limited to, efforts to achieve
 1431  the following outcomes:
 1432         (a) Reduction of the rate of inappropriate use of
 1433  prescription drugs through department education and safety
 1434  efforts.
 1435         (b) Reduction of the quantity of pharmaceutical controlled
 1436  substances obtained by individuals attempting to engage in fraud
 1437  and deceit.
 1438         (c) Increased coordination among partners participating in
 1439  the prescription drug monitoring program.
 1440         (d) Involvement of stakeholders in achieving improved
 1441  patient health care and safety and reduction of prescription
 1442  drug abuse and prescription drug diversion.
 1443         (9) Any person who willfully and knowingly fails to report
 1444  the dispensing of a controlled substance as required by this
 1445  section commits a misdemeanor of the first degree, punishable as
 1446  provided in s. 775.082 or s. 775.083.
 1447         (10) All costs incurred by the department in administering
 1448  the prescription drug monitoring program shall be funded through
 1449  federal grants, registration fees for controlled-substance
 1450  medical clinics, or private funding applied for or received by
 1451  the state. The department may not commit funds for the
 1452  monitoring program without ensuring funding is available. The
 1453  prescription drug monitoring program and the implementation
 1454  thereof are contingent upon receipt of the nonstate funding
 1455  provided in this subsection. The department and state government
 1456  shall cooperate with the direct-support organization established
 1457  pursuant to subsection (11) in seeking federal grant funds,
 1458  other nonstate grant funds, gifts, donations, or other private
 1459  moneys for the department so long as the costs of doing so are
 1460  not considered material. Nonmaterial costs for this purpose
 1461  include, but are not limited to, the costs of mailing and
 1462  personnel assigned to research or apply for a grant.
 1463  Notwithstanding the exemptions to competitive-solicitation
 1464  requirements under s. 287.057(3)(f), the department shall comply
 1465  with the competitive-solicitation requirements under s. 287.057
 1466  for the procurement of any goods or services required by this
 1467  section.
 1468         (11) The Office of Drug Control, in coordination with the
 1469  department, may establish a direct-support organization that has
 1470  a board consisting of at least five members to provide
 1471  assistance, funding, and promotional support for the activities
 1472  authorized for the prescription drug monitoring program.
 1473         (a) As used in this subsection, the term “direct-support
 1474  organization” means an organization that is:
 1475         1. A Florida corporation not for profit incorporated under
 1476  chapter 617, exempted from filing fees, and approved by the
 1477  Department of State.
 1478         2. Organized and operated to conduct programs and
 1479  activities; raise funds; request and receive grants, gifts, and
 1480  bequests of money; acquire, receive, hold, and invest, in its
 1481  own name, securities, funds, objects of value, or other
 1482  property, either real or personal; and make expenditures or
 1483  provide funding to or for the direct or indirect benefit of the
 1484  department in the furtherance of the prescription drug
 1485  monitoring program.
 1486         (b) The direct-support organization is not considered a
 1487  lobbying firm within the meaning of s. 11.045.
 1488         (c) The State Surgeon General director of the Office of
 1489  Drug Control shall appoint a board of directors for the direct
 1490  support organization. The State Surgeon General director may
 1491  designate employees of the Office of Drug Control, state
 1492  employees other than state employees from the department, and
 1493  any other nonstate employees as appropriate, to serve on the
 1494  board. Members of the board shall serve at the pleasure of the
 1495  director of the Office of Drug Control. The State Surgeon
 1496  General director shall provide guidance to members of the board
 1497  to ensure that moneys received by the direct-support
 1498  organization are not received from inappropriate sources.
 1499  Inappropriate sources include, but are not limited to, donors,
 1500  grantors, persons, or organizations that may monetarily or
 1501  substantively benefit from the purchase of goods or services by
 1502  the department in furtherance of the prescription drug
 1503  monitoring program.
 1504         (d) The direct-support organization shall operate under
 1505  written contract with the department Office of Drug Control. The
 1506  contract must, at a minimum, provide for:
 1507         1. Approval of the articles of incorporation and bylaws of
 1508  the direct-support organization by the department Office of Drug
 1509  Control.
 1510         2. Submission of an annual budget for the approval of the
 1511  department Office of Drug Control.
 1512         3. Certification by the Office of Drug Control in
 1513  consultation with the department that the direct-support
 1514  organization is complying with the terms of the contract in a
 1515  manner consistent with and in furtherance of the goals and
 1516  purposes of the prescription drug monitoring program and in the
 1517  best interests of the state. Such certification must be made
 1518  annually and reported in the official minutes of a meeting of
 1519  the direct-support organization.
 1520         4. The reversion, without penalty, to the Office of Drug
 1521  Control, or to the state if the Office of Drug Control ceases to
 1522  exist, of all moneys and property held in trust by the direct
 1523  support organization for the benefit of the prescription drug
 1524  monitoring program if the direct-support organization ceases to
 1525  exist or if the contract is terminated.
 1526         5. The fiscal year of the direct-support organization,
 1527  which must begin July 1 of each year and end June 30 of the
 1528  following year.
 1529         6. The disclosure of the material provisions of the
 1530  contract to donors of gifts, contributions, or bequests,
 1531  including such disclosure on all promotional and fundraising
 1532  publications, and an explanation to such donors of the
 1533  distinction between the department Office of Drug Control and
 1534  the direct-support organization.
 1535         7. The direct-support organization’s collecting, expending,
 1536  and providing of funds to the department for the development,
 1537  implementation, and operation of the prescription drug
 1538  monitoring program as described in this section and s. 2,
 1539  chapter 2009-198, Laws of Florida, as long as the task force is
 1540  authorized. The direct-support organization may collect and
 1541  expend funds to be used for the functions of the direct-support
 1542  organization’s board of directors, as necessary and approved by
 1543  the State Surgeon General director of the Office of Drug
 1544  Control. In addition, the direct-support organization may
 1545  collect and provide funding to the department in furtherance of
 1546  the prescription drug monitoring program by:
 1547         a. Establishing and administering the prescription drug
 1548  monitoring program’s electronic database, including hardware and
 1549  software.
 1550         b. Conducting studies on the efficiency and effectiveness
 1551  of the program to include feasibility studies as described in
 1552  subsection (13).
 1553         c. Providing funds for future enhancements of the program
 1554  within the intent of this section.
 1555         d. Providing user training of the prescription drug
 1556  monitoring program, including distribution of materials to
 1557  promote public awareness and education and conducting workshops
 1558  or other meetings, for health care practitioners, pharmacists,
 1559  and others as appropriate.
 1560         e. Providing funds for travel expenses.
 1561         f. Providing funds for administrative costs, including
 1562  personnel, audits, facilities, and equipment.
 1563         g. Fulfilling all other requirements necessary to implement
 1564  and operate the program as outlined in this section.
 1565         (e) The activities of the direct-support organization must
 1566  be consistent with the goals and mission of the department
 1567  Office of Drug Control, as determined by the office in
 1568  consultation with the department, and in the best interests of
 1569  the state. The direct-support organization must obtain a written
 1570  approval from the director of the Office of Drug Control for any
 1571  activities in support of the prescription drug monitoring
 1572  program before undertaking those activities.
 1573         (f) The Office of Drug Control, in consultation with the
 1574  department, may permit, without charge, appropriate use of
 1575  administrative services, property, and facilities of the Office
 1576  of Drug Control and the department by the direct-support
 1577  organization, subject to this section. The use must be directly
 1578  in keeping with the approved purposes of the direct-support
 1579  organization and may not be made at times or places that would
 1580  unreasonably interfere with opportunities for the public to use
 1581  such facilities for established purposes. Any moneys received
 1582  from rentals of facilities and properties managed by the Office
 1583  of Drug Control and the department may be held by the Office of
 1584  Drug Control or in a separate depository account in the name of
 1585  the direct-support organization and subject to the provisions of
 1586  the letter of agreement with the Office of Drug Control. The
 1587  letter of agreement must provide that any funds held in the
 1588  separate depository account in the name of the direct-support
 1589  organization must revert to the Office of Drug Control if the
 1590  direct-support organization is no longer approved by the Office
 1591  of Drug Control to operate in the best interests of the state.
 1592         (g) The Office of Drug Control, in consultation with the
 1593  department, may adopt rules under s. 120.54 to govern the use of
 1594  administrative services, property, or facilities of the
 1595  department or office by the direct-support organization.
 1596         (g)(h) The department Office of Drug Control may not permit
 1597  the use of any administrative services, property, or facilities
 1598  of the state by a direct-support organization if that
 1599  organization does not provide equal membership and employment
 1600  opportunities to all persons regardless of race, color,
 1601  religion, gender, age, or national origin.
 1602         (h)(i) The direct-support organization shall provide for an
 1603  independent annual financial audit in accordance with s.
 1604  215.981. Copies of the audit shall be provided to the Office of
 1605  Drug Control and the Office of Policy and Budget in the
 1606  Executive Office of the Governor.
 1607         (i)(j) The direct-support organization may not exercise any
 1608  power under s. 617.0302(12) or (16).
 1609         (12) A prescriber or dispenser may have access to the
 1610  information under this section which relates to a patient of
 1611  that prescriber or dispenser as needed for the purpose of
 1612  reviewing the patient’s controlled drug prescription history. A
 1613  prescriber or dispenser acting in good faith is immune from any
 1614  civil, criminal, or administrative liability that might
 1615  otherwise be incurred or imposed for receiving or using
 1616  information from the prescription drug monitoring program. This
 1617  subsection does not create a private cause of action, and a
 1618  person may not recover damages against a prescriber or dispenser
 1619  authorized to access information under this subsection for
 1620  accessing or failing to access such information.
 1621         (13) To the extent that funding is provided for such
 1622  purpose through federal or private grants or gifts and other
 1623  types of available moneys, the department, in collaboration with
 1624  the Office of Drug Control, shall study the feasibility of
 1625  enhancing the prescription drug monitoring program for the
 1626  purposes of public health initiatives and statistical reporting
 1627  that respects the privacy of the patient, the prescriber, and
 1628  the dispenser. Such a study shall be conducted in order to
 1629  further improve the quality of health care services and safety
 1630  by improving the prescribing and dispensing practices for
 1631  prescription drugs, taking advantage of advances in technology,
 1632  reducing duplicative prescriptions and the overprescribing of
 1633  prescription drugs, and reducing drug abuse. The requirements of
 1634  the National All Schedules Prescription Electronic Reporting
 1635  (NASPER) Act are authorized in order to apply for federal NASPER
 1636  funding. In addition, the direct-support organization shall
 1637  provide funding for the department, in collaboration with the
 1638  Office of Drug Control, to conduct training for health care
 1639  practitioners and other appropriate persons in using the
 1640  monitoring program to support the program enhancements.
 1641         (14) A pharmacist, pharmacy, or dispensing health care
 1642  practitioner or his or her agent, before releasing a controlled
 1643  substance to any person not known to such dispenser, shall
 1644  require the person purchasing, receiving, or otherwise acquiring
 1645  the controlled substance to present valid photographic
 1646  identification or other verification of his or her identity to
 1647  the dispenser. If the person does not have proper
 1648  identification, the dispenser may verify the validity of the
 1649  prescription and the identity of the patient with the prescriber
 1650  or his or her authorized agent. Verification of health plan
 1651  eligibility through a real-time inquiry or adjudication system
 1652  will be considered to be proper identification. This subsection
 1653  does not apply in an institutional setting or to a long-term
 1654  care facility, including, but not limited to, an assisted living
 1655  facility or a hospital to which patients are admitted. As used
 1656  in this subsection, the term “proper identification” means an
 1657  identification that is issued by a state or the Federal
 1658  Government containing the person’s photograph, printed name, and
 1659  signature or a document considered acceptable under 8 C.F.R. s.
 1660  274a.2(b)(1)(v)(A) and (B).
 1661         (15) The Agency for Health Care Administration shall
 1662  continue the promotion of electronic prescribing by health care
 1663  practitioners, health care facilities, and pharmacies under s.
 1664  408.0611.
 1665         (16) By December 1, 2011 October 1, 2010, the department
 1666  shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
 1667  administer the provisions of this section, which shall include
 1668  as necessary the reporting, accessing, evaluation, management,
 1669  development, implementation, operation, and storage of
 1670  information within the monitoring program’s system.
 1671         Section 11. Subsection (4) of section 893.0551, Florida
 1672  Statutes, is amended to read:
 1673         893.0551 Public records exemption for the prescription drug
 1674  monitoring program.—
 1675         (4) The department shall disclose such confidential and
 1676  exempt information to the applicable law enforcement agency in
 1677  accordance with s. 893.055(7)(f). The law enforcement agency may
 1678  disclose the confidential and exempt information received from
 1679  the department to a criminal justice agency as defined in s.
 1680  119.011 pursuant to a search warrant as part of an active
 1681  investigation that is specific to a violation of s.
 1682  893.13(7)(a)8., s. 893.13(8)(a), or s. 893.13(8)(b).
 1683         Section 12. This act shall take effect July 1, 2011.