Florida Senate - 2017                                    SB 7006
       By the Committee on Health Policy
       588-00921-17                                          20177006__
    1                        A bill to be entitled                      
    2         An act relating to the direct-support organization of
    3         the prescription drug monitoring program; amending s.
    4         893.055, F.S.; deleting language that has become
    5         obsolete due to the expiration of the task force;
    6         abrogating the repeal of provisions authorizing the
    7         Department of Health to establish a direct-support
    8         organization for the prescription drug monitoring
    9         program; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsection (11) of section 893.055, Florida
   14  Statutes, is amended to read:
   15         893.055 Prescription drug monitoring program.—
   16         (11) The department may establish a direct-support
   17  organization that has a board consisting of at least five
   18  members to provide assistance, funding, and promotional support
   19  for the activities authorized for the prescription drug
   20  monitoring program.
   21         (a) As used in this subsection, the term “direct-support
   22  organization” means an organization that is:
   23         1. A Florida corporation not for profit incorporated under
   24  chapter 617, exempted from filing fees, and approved by the
   25  Department of State.
   26         2. Organized and operated to conduct programs and
   27  activities; raise funds; request and receive grants, gifts, and
   28  bequests of money; acquire, receive, hold, and invest, in its
   29  own name, securities, funds, objects of value, or other
   30  property, either real or personal; and make expenditures or
   31  provide funding to or for the direct or indirect benefit of the
   32  department in the furtherance of the prescription drug
   33  monitoring program.
   34         (b) The direct-support organization is not considered a
   35  lobbying firm within the meaning of s. 11.045.
   36         (c) The State Surgeon General shall appoint a board of
   37  directors for the direct-support organization. Members of the
   38  board shall serve at the pleasure of the State Surgeon General.
   39  The State Surgeon General shall provide guidance to members of
   40  the board to ensure that moneys received by the direct-support
   41  organization are not received from inappropriate sources.
   42  Inappropriate sources include, but are not limited to, donors,
   43  grantors, persons, or organizations that may monetarily or
   44  substantively benefit from the purchase of goods or services by
   45  the department in furtherance of the prescription drug
   46  monitoring program.
   47         (d) The direct-support organization shall operate under
   48  written contract with the department. The contract must, at a
   49  minimum, provide for:
   50         1. Approval of the articles of incorporation and bylaws of
   51  the direct-support organization by the department.
   52         2. Submission of an annual budget for the approval of the
   53  department.
   54         3. Certification by the department that the direct-support
   55  organization is complying with the terms of the contract in a
   56  manner consistent with and in furtherance of the goals and
   57  purposes of the prescription drug monitoring program and in the
   58  best interests of the state. Such certification must be made
   59  annually and reported in the official minutes of a meeting of
   60  the direct-support organization.
   61         4. The reversion, without penalty, to the state of all
   62  moneys and property held in trust by the direct-support
   63  organization for the benefit of the prescription drug monitoring
   64  program if the direct-support organization ceases to exist or if
   65  the contract is terminated.
   66         5. The fiscal year of the direct-support organization,
   67  which must begin July 1 of each year and end June 30 of the
   68  following year.
   69         6. The disclosure of the material provisions of the
   70  contract to donors of gifts, contributions, or bequests,
   71  including such disclosure on all promotional and fundraising
   72  publications, and an explanation to such donors of the
   73  distinction between the department and the direct-support
   74  organization.
   75         7. The direct-support organization’s collecting, expending,
   76  and providing of funds to the department for the administration
   77  development, implementation, and operation of the prescription
   78  drug monitoring program as described in this section and s. 2,
   79  chapter 2009-198, Laws of Florida, as long as the task force is
   80  authorized. The direct-support organization may collect and
   81  expend funds to be used for the functions of the direct-support
   82  organization’s board of directors, as necessary and approved by
   83  the department. In addition, the direct-support organization may
   84  collect and provide funding to the department in furtherance of
   85  the prescription drug monitoring program by:
   86         a. Establishing and administering the prescription drug
   87  monitoring program’s electronic database, including hardware and
   88  software.
   89         b. Conducting studies on the efficiency and effectiveness
   90  of the program to include feasibility studies as described in
   91  subsection (13).
   92         c. Providing funds for future enhancements of the program
   93  within the intent of this section.
   94         d. Providing user training of the prescription drug
   95  monitoring program, including distribution of materials to
   96  promote public awareness and education and conducting workshops
   97  or other meetings, for health care practitioners, pharmacists,
   98  and others as appropriate.
   99         e. Providing funds for travel expenses.
  100         f. Providing funds for administrative costs, including
  101  personnel, audits, facilities, and equipment.
  102         g. Fulfilling all other requirements necessary to implement
  103  and operate the program as outlined in this section.
  104         (e) The activities of the direct-support organization must
  105  be consistent with the goals and mission of the department, as
  106  determined by the department, and in the best interests of the
  107  state. The direct-support organization must obtain a written
  108  approval from the department for any activities in support of
  109  the prescription drug monitoring program before undertaking
  110  those activities.
  111         (f) The department may permit, without charge, appropriate
  112  use of administrative services, property, and facilities of the
  113  department by the direct-support organization, subject to this
  114  section. The use must be directly in keeping with the approved
  115  purposes of the direct-support organization and may not be made
  116  at times or places that would unreasonably interfere with
  117  opportunities for the public to use such facilities for
  118  established purposes. Any moneys received from rentals of
  119  facilities and properties managed by the department may be held
  120  in a separate depository account in the name of the direct
  121  support organization and subject to the provisions of the letter
  122  of agreement with the department. The letter of agreement must
  123  provide that any funds held in the separate depository account
  124  in the name of the direct-support organization must revert to
  125  the department if the direct-support organization is no longer
  126  approved by the department to operate in the best interests of
  127  the state.
  128         (g) The department may adopt rules under s. 120.54 to
  129  govern the use of administrative services, property, or
  130  facilities of the department or office by the direct-support
  131  organization.
  132         (h) The department may not permit the use of any
  133  administrative services, property, or facilities of the state by
  134  a direct-support organization if that organization does not
  135  provide equal membership and employment opportunities to all
  136  persons regardless of race, color, religion, gender, age, or
  137  national origin.
  138         (i) The direct-support organization shall provide for an
  139  independent annual financial audit in accordance with s.
  140  215.981. Copies of the audit shall be provided to the department
  141  and the Office of Policy and Budget in the Executive Office of
  142  the Governor.
  143         (j) The direct-support organization may not exercise any
  144  power under s. 617.0302(12) or (16).
  145         (k) This subsection is repealed October 1, 2017, unless
  146  reviewed and saved from repeal by the Legislature.
  147         Section 2. This act shall take effect July 1, 2017.