Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SPB 7016
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  02/05/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Delete lines 354 - 417
    4  and insert:
    5  and pursuant to the submission of a court order issued by a
    6  court of competent jurisdiction upon a showing of reasonable
    7  suspicion of regarding potential criminal activity, fraud, or
    8  theft regarding prescribed controlled substances. The court
    9  order may be issued without notice to the affected patients,
   10  prescribers, or dispensers.
   11         4. A patient or the legal guardian or designated health
   12  care surrogate of an incapacitated patient as described in s.
   13  893.0551 who, for the purpose of verifying the accuracy of the
   14  database information, submits a written and notarized request
   15  that includes the patient’s full name, address, and date of
   16  birth, and includes the same information if the legal guardian
   17  or health care surrogate submits the request. If the patient’s
   18  legal guardian or health care surrogate is the requestor, the
   19  request shall be validated by the department to verify the
   20  identity of the patient and the legal guardian or health care
   21  surrogate, if the patient’s legal guardian or health care
   22  surrogate is the requestor. Such verification is also required
   23  for any request to change a patient’s prescription history or
   24  other information related to his or her information in the
   25  electronic database.
   27  Information in or released from the prescription drug monitoring
   28  program database for the electronic prescription drug monitoring
   29  system is not discoverable or admissible in any civil or
   30  administrative action, except in an investigation and
   31  disciplinary proceeding by the department or the appropriate
   32  regulatory board.
   33         (c)(d)Other than the program manager and his or her
   34  program or support staff as authorized in paragraph (d),
   35  department staff are, for the purpose of calculating performance
   36  measures pursuant to subsection (8), shall not be allowed direct
   37  access to information in the prescription drug monitoring
   38  program database but may request from the program manager and,
   39  when authorized by the program manager, the program manager’s
   40  program and support staff, information that does not contain
   41  contains no identifying information of any patient, physician,
   42  health care practitioner, prescriber, or dispenser and that is
   43  not confidential and exempt for the purpose of calculating
   44  performance measures pursuant to subsection (7).
   45         (d) The program manager and designated support staff, upon
   46  the direction of the program manager or as otherwise authorized
   47  during the program manager’s absence, may access the
   48  prescription drug monitoring program database only to manage the
   49  program or to manage the program database and systems in support
   50  of the requirements of this section or as established by the
   51  department in rule pursuant to subparagraph (2)(c)4. The program
   52  manager, designated program and support staff who act at the
   53  direction of or in the absence of the program manager, and any
   54  individual who has similar access regarding the management of
   55  the database from the prescription drug monitoring program shall
   56  submit fingerprints to the department for background screening.
   57  The department shall follow the procedure established by the
   58  Department of Law Enforcement to request a statewide criminal
   59  history record check and to request that the Department of Law
   60  Enforcement forward the fingerprints to the Federal Bureau of
   61  Investigation for a national criminal history record check.
   62         (e) If the program manager determines a pattern consistent
   63  with the rules established under subparagraph (2)(c)4., the
   64  department may provide relevant information that does not
   65  contain personal identifying information to the applicable law
   66  enforcement agency. A law enforcement agency may use such
   67  information to support a court order pursuant to subparagraph
   68  (b)3.
   70  ================= T I T L E  A M E N D M E N T ================
   71  And the title is amended as follows:
   72         Delete lines 8 - 20
   73  and insert:
   74         agency to submit a court order as a condition of
   75         direct access to information in the program; requiring
   76         that the court order be predicated upon a showing of
   77         reasonable suspicion of criminal activity, fraud, or
   78         theft regarding prescribed controlled substances;
   79         providing that the court order may be issued without
   80         notice to the affected patients, subscribers, or
   81         dispensers; authorizing the department to provide
   82         relevant information that does not contain personal
   83         identifying information if the program manager
   84         determines a specified pattern exists; authorizing the
   85         law enforcement agency to use such information to
   86         support a court order; deleting obsolete provisions;