Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 406
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Rouson moved the following:
    1         Senate Amendment 
    3         Delete lines 612 - 676
    4  and insert:
    5  physical or electronic compassionate use registry identification
    6  cards for patients and caregivers. The department may charge a
    7  reasonable fee associated with the issuance and renewal of
    8  patient and caregiver identification cards. The fee may not
    9  exceed $75. Of each issuance or renewal fee, the department
   10  shall allocate $10 to the Division of Research at Florida
   11  Agricultural and Mechanical University for the purpose of
   12  educating minorities about marijuana for medical use and for the
   13  prevention of unlawful uses of marijuana. By October 3, 2017,
   14  the department shall begin issuing identification cards to adult
   15  patients who have a physician certification that meets the
   16  requirements of subsection (3); patients under the age of 18 who
   17  have a physician certification that meets the requirements of
   18  subsection (3) and the written consent of a parent or legal
   19  guardian; and caregivers registered pursuant to subsection (6).
   20         1. Before issuing an identification card to a patient, the
   21  department must determine that:
   22         a. The patient is a permanent resident of the state or, for
   23  a patient under the age of 18, the patient’s parent or legal
   24  guardian is a permanent resident of the state. The patient, or
   25  the parent or legal guardian of the patient, must prove
   26  permanent residency by providing the department with a copy of a
   27  valid Florida driver license or Florida identification card, a
   28  copy of a utility bill in his or her name issued within the
   29  prior 90 days which shows an address in this state, or a copy of
   30  his or her Florida voter information card.
   31         b. If the patient is not a permanent resident of the state:
   32         (I) He or she is eligible to receive marijuana in his or
   33  her state of permanent residence; and
   34         (II) He or she will be remaining in this state for at least
   35  3 consecutive months.
   36         (A) An adult patient may provide the department with
   37  documentation that may include, but is not limited to, a rental
   38  agreement for a property in this state for period of at least 3
   39  months, an employment contract based in this state which
   40  indicates the employment is for a period of at least 3 months,
   41  or a receipt for paid tuition at a school in this state for a
   42  period of at least 3 months.
   43         (B) A parent or legal guardian of a patient who is under
   44  the age of 18 must provide documentation as described in sub
   45  sub-sub-subparagraph (A) or in department rule and provide
   46  additional documentation that the patient is his or her child or
   47  ward.
   49  The department shall adopt in rule a list of documents that a
   50  patient may provide to qualify for an identification card under
   51  this subparagraph.
   52         2.Patient and caregiver identification cards must be
   53  resistant to counterfeiting and tampering and must include at
   54  least the following:
   55         a. The name, address, and date of birth of the patient or
   56  caregiver, as appropriate;
   57         b. A full-face, passport-type, color photograph of the
   58  patient or caregiver, as appropriate, taken within the 90 days
   59  immediately preceding registration;
   60         c. Designation of the cardholder as a patient or caregiver;
   61         d. A unique identification number for the patient or
   62  caregiver which is matched to the identification number used for
   63  such person in the department’s compassionate use registry. A
   64  caregiver’s identification number and file in the compassionate
   65  use registry must be linked to the file of the patient or
   66  patients the caregiver is assisting so that the caregiver’s
   67  status may be verified for each patient individually;
   68         e. The expiration date, which shall be 1 year after the
   69  date of issuance of the identification card or the date
   70  treatment ends, as provided in the patient’s physician
   71  certification, whichever occurs first; and
   72         f. For caregivers who are assisting three or fewer
   73  qualifying patients, the name and identification number, or
   74  names and identification numbers, of the qualifying patient or
   75  patients that the caregiver is assisting.
   76         3.Electronic patient and caregiver identification cards
   77  must comply with the Health Insurance Portability and
   78  Accountability Act (HIPAA) as it pertains to protected health
   79  information and all other relevant state and federal privacy and
   80  security laws and regulations. Such electronic cards must:
   81         a. Contain the technology to automatically expire and be
   82  remotely terminated by the department;
   83         b. Collect timestamped, geotagged data to be uploaded in
   84  real time into the compassionate use registry; and
   85         c. Maintain compatibility with smartphone and web-based
   86  platforms.