Florida Senate - 2017                   (PROPOSED BILL) SPB 7006
       FOR CONSIDERATION By the Committee on Health Policy
       588-00561-17                                          20177006pb
    1                        A bill to be entitled                      
    2         An act relating to the prescription drug monitoring
    3         program; amending s. 893.055, F.S.; abrogating the
    4         repeal of provisions authorizing the Department of
    5         Health to establish a direct-support organization for
    6         the prescription drug monitoring program; providing an
    7         effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Subsection (11) of section 893.055, Florida
   12  Statutes, is amended to read:
   13         893.055 Prescription drug monitoring program.—
   14         (11) The department may establish a direct-support
   15  organization that has a board consisting of at least five
   16  members to provide assistance, funding, and promotional support
   17  for the activities authorized for the prescription drug
   18  monitoring program.
   19         (a) As used in this subsection, the term “direct-support
   20  organization” means an organization that is:
   21         1. A Florida corporation not for profit incorporated under
   22  chapter 617, exempted from filing fees, and approved by the
   23  Department of State.
   24         2. Organized and operated to conduct programs and
   25  activities; raise funds; request and receive grants, gifts, and
   26  bequests of money; acquire, receive, hold, and invest, in its
   27  own name, securities, funds, objects of value, or other
   28  property, either real or personal; and make expenditures or
   29  provide funding to or for the direct or indirect benefit of the
   30  department in the furtherance of the prescription drug
   31  monitoring program.
   32         (b) The direct-support organization is not considered a
   33  lobbying firm within the meaning of s. 11.045.
   34         (c) The State Surgeon General shall appoint a board of
   35  directors for the direct-support organization. Members of the
   36  board shall serve at the pleasure of the State Surgeon General.
   37  The State Surgeon General shall provide guidance to members of
   38  the board to ensure that moneys received by the direct-support
   39  organization are not received from inappropriate sources.
   40  Inappropriate sources include, but are not limited to, donors,
   41  grantors, persons, or organizations that may monetarily or
   42  substantively benefit from the purchase of goods or services by
   43  the department in furtherance of the prescription drug
   44  monitoring program.
   45         (d) The direct-support organization shall operate under
   46  written contract with the department. The contract must, at a
   47  minimum, provide for:
   48         1. Approval of the articles of incorporation and bylaws of
   49  the direct-support organization by the department.
   50         2. Submission of an annual budget for the approval of the
   51  department.
   52         3. Certification by the department that the direct-support
   53  organization is complying with the terms of the contract in a
   54  manner consistent with and in furtherance of the goals and
   55  purposes of the prescription drug monitoring program and in the
   56  best interests of the state. Such certification must be made
   57  annually and reported in the official minutes of a meeting of
   58  the direct-support organization.
   59         4. The reversion, without penalty, to the state of all
   60  moneys and property held in trust by the direct-support
   61  organization for the benefit of the prescription drug monitoring
   62  program if the direct-support organization ceases to exist or if
   63  the contract is terminated.
   64         5. The fiscal year of the direct-support organization,
   65  which must begin July 1 of each year and end June 30 of the
   66  following year.
   67         6. The disclosure of the material provisions of the
   68  contract to donors of gifts, contributions, or bequests,
   69  including such disclosure on all promotional and fundraising
   70  publications, and an explanation to such donors of the
   71  distinction between the department and the direct-support
   72  organization.
   73         7. The direct-support organization’s collecting, expending,
   74  and providing of funds to the department for the development,
   75  implementation, and operation of the prescription drug
   76  monitoring program as described in this section and s. 2,
   77  chapter 2009-198, Laws of Florida, as long as the task force is
   78  authorized. The direct-support organization may collect and
   79  expend funds to be used for the functions of the direct-support
   80  organization’s board of directors, as necessary and approved by
   81  the department. In addition, the direct-support organization may
   82  collect and provide funding to the department in furtherance of
   83  the prescription drug monitoring program by:
   84         a. Establishing and administering the prescription drug
   85  monitoring program’s electronic database, including hardware and
   86  software.
   87         b. Conducting studies on the efficiency and effectiveness
   88  of the program to include feasibility studies as described in
   89  subsection (13).
   90         c. Providing funds for future enhancements of the program
   91  within the intent of this section.
   92         d. Providing user training of the prescription drug
   93  monitoring program, including distribution of materials to
   94  promote public awareness and education and conducting workshops
   95  or other meetings, for health care practitioners, pharmacists,
   96  and others as appropriate.
   97         e. Providing funds for travel expenses.
   98         f. Providing funds for administrative costs, including
   99  personnel, audits, facilities, and equipment.
  100         g. Fulfilling all other requirements necessary to implement
  101  and operate the program as outlined in this section.
  102         (e) The activities of the direct-support organization must
  103  be consistent with the goals and mission of the department, as
  104  determined by the department, and in the best interests of the
  105  state. The direct-support organization must obtain a written
  106  approval from the department for any activities in support of
  107  the prescription drug monitoring program before undertaking
  108  those activities.
  109         (f) The department may permit, without charge, appropriate
  110  use of administrative services, property, and facilities of the
  111  department by the direct-support organization, subject to this
  112  section. The use must be directly in keeping with the approved
  113  purposes of the direct-support organization and may not be made
  114  at times or places that would unreasonably interfere with
  115  opportunities for the public to use such facilities for
  116  established purposes. Any moneys received from rentals of
  117  facilities and properties managed by the department may be held
  118  in a separate depository account in the name of the direct
  119  support organization and subject to the provisions of the letter
  120  of agreement with the department. The letter of agreement must
  121  provide that any funds held in the separate depository account
  122  in the name of the direct-support organization must revert to
  123  the department if the direct-support organization is no longer
  124  approved by the department to operate in the best interests of
  125  the state.
  126         (g) The department may adopt rules under s. 120.54 to
  127  govern the use of administrative services, property, or
  128  facilities of the department or office by the direct-support
  129  organization.
  130         (h) The department may not permit the use of any
  131  administrative services, property, or facilities of the state by
  132  a direct-support organization if that organization does not
  133  provide equal membership and employment opportunities to all
  134  persons regardless of race, color, religion, gender, age, or
  135  national origin.
  136         (i) The direct-support organization shall provide for an
  137  independent annual financial audit in accordance with s.
  138  215.981. Copies of the audit shall be provided to the department
  139  and the Office of Policy and Budget in the Executive Office of
  140  the Governor.
  141         (j) The direct-support organization may not exercise any
  142  power under s. 617.0302(12) or (16).
  143         (k) This subsection is repealed October 1, 2017, unless
  144  reviewed and saved from repeal by the Legislature.
  145         Section 2. This act shall take effect July 1, 2017.