Florida Senate - 2019                              CS for SB 104
       By the Committee on Health Policy; and Senator Book
       588-02164-19                                           2019104c1
    1                        A bill to be entitled                      
    2         An act relating to the Prescription Drug Donation
    3         Repository Program; creating s. 465.1902, F.S.;
    4         providing a short title; defining terms; creating the
    5         Prescription Drug Donation Repository Program within
    6         the Department of Health; specifying the purpose of
    7         the program; authorizing the department to contract
    8         with a third-party vendor to administer the program;
    9         specifying entities that are eligible donors;
   10         authorizing certain local repositories to accept a
   11         donation from specified persons under certain
   12         conditions; prohibiting a centralized repository or a
   13         local repository from accepting donations from
   14         unauthorized donors; providing criteria and procedures
   15         for eligible donations; prohibiting donations to
   16         specific patients; providing that certain prescription
   17         drugs eligible for return to stock must be credited to
   18         Medicaid and may not be donated under the program;
   19         prohibiting the donation of certain drugs pursuant to
   20         federal restrictions; clarifying that a repository is
   21         not required to accept donations of prescription drugs
   22         or supplies; providing inspection, inventory, and
   23         storage requirements for centralized and local
   24         repositories; requiring inspection of donated
   25         prescription drugs and supplies by a licensed
   26         pharmacist; requiring a local repository to notify the
   27         centralized repository within a specified timeframe
   28         after receiving a donation of prescription drugs or
   29         supplies; authorizing the centralized repository to
   30         redistribute prescription drugs or supplies;
   31         authorizing a local repository to transfer
   32         prescription drugs or supplies to another local
   33         repository with authorization from the centralized
   34         repository; requiring a local repository to notify the
   35         department of its intent to participate in the
   36         program; providing notification requirements;
   37         providing a procedure for a local repository to
   38         withdraw from participation in the program; requiring
   39         the department to adopt rules regarding the
   40         disposition of prescription drugs and supplies of a
   41         withdrawing local repository; specifying conditions
   42         for dispensing donated prescription drugs and supplies
   43         to eligible patients; providing intake collection form
   44         requirements; requiring a local repository to issue an
   45         eligible patient who completes an intake collection
   46         form a program identification card; prohibiting the
   47         sale of donated prescription drugs and supplies under
   48         the program; authorizing a repository to charge the
   49         patient a nominal handling fee for the preparation and
   50         dispensing of prescription drugs or supplies under the
   51         program; requiring repositories to establish a
   52         protocol for notifying recipients of a prescription
   53         drug recall; providing for destruction of donated
   54         prescription drugs under certain circumstances;
   55         providing recordkeeping requirements; requiring the
   56         centralized repository to submit an annual report to
   57         the department; requiring the department or contractor
   58         to establish, maintain, and publish a registry of
   59         participating local repositories and available donated
   60         prescription drugs and supplies; requiring the
   61         department to publish certain information and forms on
   62         its website; providing immunity from civil and
   63         criminal liability and from professional disciplinary
   64         action for participants under certain circumstances;
   65         providing immunity to pharmaceutical manufacturers,
   66         under certain circumstances, from any claim or injury
   67         arising from the donation of any prescription drug or
   68         supply under the program; requiring dispensers to
   69         provide certain notice to patients; authorizing the
   70         department to establish a direct-support organization
   71         to provide assistance, funding, and promotional
   72         support for program activities; providing
   73         organizational requirements for a direct-support
   74         organization; specifying direct-support organization
   75         purposes and objectives; prohibiting the direct
   76         support organization from lobbying; specifying that
   77         the direct-support organization is not a lobbying
   78         firm; prohibiting the direct-support organization from
   79         possessing prescription drugs on behalf of the
   80         program; providing limitations on expenditures of such
   81         direct-support organizations; specifying that the
   82         direct-support organization must operate under
   83         contract with the department; specifying required
   84         contract terms; providing for the direct-support
   85         organization board of directors; specifying the
   86         board’s membership requirements; specifying
   87         requirements and requiring the department to adopt
   88         rules relating to a direct-support organization’s use
   89         of department property; specifying requirements for
   90         the deposit and use of funds by the direct-support
   91         organization; providing for annual audits of a direct
   92         support organization; providing for future legislative
   93         review and repeal of provisions relating to the
   94         direct-support organization; requiring the department
   95         to adopt rules; amending s. 252.36, F.S.; authorizing
   96         the Governor to waive program patient eligibility
   97         requirements during a declared state of emergency;
   98         providing an effective date.
  100  Be It Enacted by the Legislature of the State of Florida:
  102         Section 1. Section 465.1902, Florida Statutes, is created
  103  to read:
  104         465.1902 Prescription Drug Donation Repository Program.—
  105         (1) SHORT TITLE.—This section may be cited as the
  106  “Prescription Drug Donation Repository Program Act.”
  107         (2) DEFINITIONS.—As used in this section, the term:
  108         (a) “Centralized repository” means a distributor permitted
  109  under chapter 499 who is approved by the department or the
  110  contractor to accept, inspect, inventory, and distribute donated
  111  drugs and supplies under this section.
  112         (b) “Closed drug delivery system” means a system in which
  113  the actual control of the unit-dose medication package is
  114  maintained by the facility, rather than by the individual
  115  patient.
  116         (c) “Contractor” means the third-party vendor approved by
  117  the department to implement and administer the program as
  118  authorized in subsection (4).
  119         (d) “Controlled substance” means any substance listed under
  120  Schedule II, Schedule III, Schedule IV, or Schedule V of s.
  121  893.03.
  122         (e)“Direct-support organization” means the entity created
  123  under subsection (15).
  124         (f) “Dispenser” means a health care practitioner who,
  125  within the scope of his or her practice act, is authorized to
  126  dispense medicinal drugs and who does so under this act.
  127         (g) “Donor” means an entity specified in subsection (5).
  128         (h) “Eligible patient” means a Florida resident who is
  129  indigent, uninsured, or underinsured and who has a valid
  130  prescription for a prescription drug or supply that may be
  131  dispensed under the program.
  132         (i) “Free clinic” means a clinic that delivers only medical
  133  diagnostic services or nonsurgical medical treatment free of
  134  charge to low-income recipients.
  135         (j) “Health care practitioner” or “practitioner” means a
  136  practitioner licensed under this chapter, chapter 458, chapter
  137  459, chapter 461, chapter 463, chapter 464, or chapter 466.
  138         (k) “Indigent” means an individual whose family income for
  139  the 12 months preceding the determination of income is below 200
  140  percent of the federal poverty level as defined by the most
  141  recently revised poverty income guidelines published by the
  142  United States Department of Health and Human Services.
  143         (l) “Local repository” means a health care practitioner’s
  144  office, a pharmacy, a hospital with a closed drug delivery
  145  system, a nursing home facility with a closed drug delivery
  146  system, or a free clinic or nonprofit health clinic that is
  147  licensed or permitted to dispense medicinal drugs in the state.
  148         (m) “Nonprofit health clinic” means a nonprofit legal
  149  entity that provides medical care to patients who are indigent,
  150  uninsured, or underinsured. The term includes, but is not
  151  limited to, a federally qualified health center as defined in 42
  152  U.S.C. s. 1396d(l)(2)(B) and a rural health clinic as defined in
  153  42 U.S.C. s. 1396d(l)(1).
  154         (n) “Nursing home facility” has the same meaning as in s.
  155  400.021.
  156         (o) “Prescriber” means a health care practitioner who,
  157  within the scope of his or her practice act, is authorized to
  158  prescribe medicinal drugs.
  159         (p) “Prescription drug” has the same meaning as the term
  160  “medicinal drugs” or “drugs,” as those terms are defined in s.
  161  465.003(8), but does not include controlled substances or cancer
  162  drugs donated under s. 499.029.
  163         (q) “Program” means the Prescription Drug Donation
  164  Repository Program created by this section.
  165         (r) “Supplies” means any supply used in the administration
  166  of a prescription drug.
  167         (s) “Tamper-evident packaging” means a package that has one
  168  or more indicators or barriers to entry which, if breached or
  169  missing, can reasonably be expected to provide visible evidence
  170  to consumers that tampering has occurred.
  171         (t) “Underinsured” means a person who has third-party
  172  insurance or is eligible to receive prescription drugs or
  173  supplies through the Medicaid program or any other prescription
  174  drug program funded in whole or in part by the Federal
  175  Government, but who has exhausted these benefits or does not
  176  have prescription drug coverage for the drug prescribed.
  177         (u) “Uninsured” means a person who has no third-party
  178  insurance and is not eligible to receive prescription drugs or
  179  supplies through the Medicaid program or any other prescription
  180  drug program funded in whole or in part by the Federal
  181  Government.
  183  CREATION; PURPOSE.—The Prescription Drug Donation Repository
  184  Program is created within the department for the purpose of
  185  authorizing and facilitating the donation of prescription drugs
  186  and supplies to eligible patients.
  187         (4) PROGRAM IMPLEMENTATION; ADMINISTRATION.—The department
  188  may contract with a third-party vendor to administer the
  189  program.
  190         (5) DONOR ELIGIBILITY.—
  191         (a) The centralized repository or a local repository may
  192  accept a donation of a prescription drug or supply from:
  193         1. Nursing home facilities with closed drug delivery
  194  systems.
  195         2. Hospices that have maintained control of a patient’s
  196  prescription drugs.
  197         3. Hospitals with closed drug delivery systems.
  198         4. Pharmacies.
  199         5. Drug manufacturers or wholesale distributors.
  200         6. Medical device manufacturers or suppliers.
  201         7. Prescribers who receive prescription drugs or supplies
  202  directly from a drug manufacturer, wholesale distributor, or
  203  pharmacy.
  204         (b) In addition to the donors specified in paragraph (a), a
  205  local repository that qualifies as a free clinic or nonprofit
  206  health clinic may accept a donation from a patient or a
  207  patients legal representative or next of kin if the following
  208  requirements are met:
  209         1. An affidavit, in a format approved by the department,
  210  signed by the donor must accompany the donation, identify the
  211  prescribing health care practitioner, and attest to the
  212  authenticity of the prescription drug or medical supply being
  213  donated;
  214         2. The prescription drug or medical supply being donated is
  215  in its original tamper-evident packaging, in accordance with
  216  subparagraph (6)(b)1., and does not have any physical signs of
  217  tampering, misbranding, deterioration, compromised integrity, or
  218  adulteration;
  219         3. Any drug being donated has an expiration date that is
  220  more than 3 months after the date of the donation; and
  221         4. A licensed pharmacist inspects the prescription drug or
  222  medical supply and can attest to the authenticity of the donated
  223  prescription drug or medical supply and that it meets the
  224  requirements of this paragraph.
  226  Prescription drugs and supplies accepted under this paragraph
  227  are exempt from subparagraph (6)(b)3. but are subject to all
  228  other applicable requirements of subsections (6) and (7).
  229         (c) Donations of prescription drugs or supplies may not be
  230  accepted by the centralized repository or a local repository
  231  from any donor not authorized under this subsection.
  234         (a) Only prescription drugs and supplies that have been
  235  approved for medical use in the United States and that meet the
  236  criteria for donation established by this section may be
  237  accepted for donation under the program. Donations must be made
  238  on the premises of the centralized repository or a local
  239  repository to a person designated by the repository. A drop box
  240  may not be used to accept donations.
  241         (b) The centralized repository or a local repository may
  242  accept a prescription drug only if:
  243         1. The drug is in its original sealed and tamper-evident
  244  packaging. Single-unit-dose drugs may be accepted if the single
  245  unit-dose packaging is unopened.
  246         2. The drug requires storage at normal room temperature per
  247  the manufacturer or the United States Pharmacopeia.
  248         3. The drug has been stored according to manufacturer or
  249  United States Pharmacopeia storage requirements.
  250         4. The drug does not have any physical signs of tampering
  251  or adulteration and there is no reason to believe that the drug
  252  is adulterated.
  253         5. The packaging does not have any physical signs of
  254  tampering, misbranding, deterioration, compromised integrity, or
  255  adulteration.
  256         6. The packaging indicates the lot number and expiration
  257  date of the drug. If the lot number is not retrievable, all
  258  specified medications must be destroyed in the event of a
  259  recall.
  260         7. The drug has an expiration date that is more than 3
  261  months after the date that the drug was donated.
  262         (c) The centralized repository or a local repository may
  263  accept supplies only if they are in their original, unopened,
  264  sealed packaging and have not been tampered with or misbranded.
  265         (d) Prescription drugs or supplies may not be donated to a
  266  specific patient.
  267         (e) Prescription drugs billed to and paid for by Medicaid
  268  in long-term care facilities which are eligible for return to
  269  stock under federal Medicaid regulations must be credited to
  270  Medicaid and may not be donated under the program.
  271         (f) Prescription drugs with an approved Federal Food and
  272  Drug Administration Risk Evaluation and Mitigation Strategy that
  273  includes Elements to Assure Safe Use are not eligible for
  274  donation under the program.
  275         (g) This section does not require the centralized
  276  repository or a local repository to accept a donation of
  277  prescription drugs or supplies.
  278         (7) INSPECTION AND STORAGE.—
  279         (a) A licensed pharmacist employed by or under contract
  280  with the centralized repository or a local repository shall
  281  inspect donated prescription drugs and supplies to determine
  282  whether they meet the requirements of subsections (5) and (6).
  283         (b) The inspecting pharmacist must sign an inspection
  284  record on a form prescribed by the department by rule which
  285  verifies that the prescription drugs and supplies meet the
  286  criteria of subsections (5) and (6) and must attach the record
  287  to the inventory required by paragraph (d). A local repository
  288  that receives drugs and supplies from the centralized repository
  289  is not required to reinspect them.
  290         (c) The centralized repository and local repositories shall
  291  store donated prescription drugs and supplies in a secure
  292  storage area under the environmental conditions specified by the
  293  manufacturer or the United States Pharmacopeia for the
  294  respective prescription drugs or supplies. Donated prescription
  295  drugs and supplies may not be stored with other inventory. A
  296  local repository shall quarantine donated prescription drugs or
  297  supplies until they are inspected and approved for dispensing
  298  under this section.
  299         (d) The centralized repository and local repositories shall
  300  maintain an inventory of all donated prescription drugs or
  301  supplies. Such inventory at local repositories shall be recorded
  302  on a form prescribed by the department by rule.
  303         (e) A local repository shall notify the centralized
  304  repository within 5 days after receipt of any donation of
  305  prescription drugs or supplies to the program. The notification
  306  must be on a form prescribed by the department by rule.
  307         (f) The centralized repository may redistribute
  308  prescription drugs and supplies by transferring them to or from
  309  the centralized repository and a local repository, as needed. A
  310  local repository that receives donated prescription drugs or
  311  supplies may, with authorization from the centralized
  312  repository, distribute the prescription drugs or supplies to
  313  another local repository.
  314         (8) PROGRAM PARTICIPATION.—
  315         (a) A practitioner, pharmacy, facility, or clinic must
  316  notify the department of its intent to participate in the
  317  program as a local repository before accepting or dispensing any
  318  prescription drugs or supplies pursuant to this section. The
  319  notification must be made on a form prescribed by the department
  320  by rule and must, at a minimum, include:
  321         1. The name, street address, website, and telephone number
  322  of the intended local repository and any license or registration
  323  number issued by the state to the intended local repository,
  324  including the name of the issuing agency.
  325         2. The name and telephone number of the pharmacist employed
  326  by or under contract with the intended local repository who is
  327  responsible for the inspection of donated prescription drugs and
  328  supplies.
  329         3. A signed and dated statement by the responsible
  330  pharmacist affirming that the intended local repository meets
  331  the eligibility requirements of this section.
  332         (b) A local repository may withdraw from participation in
  333  the program at any time by providing written notice to the
  334  department or contractor, as appropriate, on a form prescribed
  335  by the department by rule. The department shall adopt rules
  336  addressing the disposition of prescription drugs and supplies in
  337  the possession of the withdrawing local repository.
  339         (a) Each eligible patient without a program identification
  340  card must submit an intake collection form to a local repository
  341  before receiving prescription drugs or supplies under the
  342  program. The department shall prescribe a form by rule, which
  343  must include at least all of the following:
  344         1. The name, street address, and telephone number of the
  345  eligible patient.
  346         2. The basis for eligibility, which must specify that the
  347  patient is indigent, uninsured, or underinsured.
  348         3. A statement signed and dated by the eligible patient
  349  affirming that he or she meets the eligibility requirements of
  350  this section.
  351         (b) Upon receipt of a completed and signed intake
  352  collection form, the local repository shall issue him or her a
  353  program identification card, which is valid for 1 year after its
  354  date of issuance. The card must be in a form prescribed by the
  355  department by rule.
  356         (c)The local repository shall send a summary of each
  357  intake collection form to the centralized pharmacy within 5 days
  358  after receiving it.
  359         (d) A dispenser may dispense donated prescription drugs or
  360  supplies only to an eligible patient who has a program
  361  identification card or who has submitted a completed intake
  362  collection form.
  363         (e) A dispenser shall inspect the donated prescription
  364  drugs or supplies before dispensing them.
  365         (f) A dispenser may provide dispensing and consulting
  366  services to an eligible patient.
  367         (g) Donated prescription drugs and supplies may not be sold
  368  or resold under the program.
  369         (h) A dispenser of donated prescription drugs or supplies
  370  may not submit a claim or otherwise seek reimbursement from any
  371  public or private third-party payor for donated prescription
  372  drugs or supplies dispensed under this program. However, a
  373  repository may charge the patient a nominal handling fee,
  374  established by department rule, for the preparation and
  375  dispensing of prescription drugs or supplies under the program.
  377         (a) The centralized repository and each local repository
  378  shall establish and follow a protocol for notifying recipients
  379  in the event of a prescription drug recall.
  380         (b) Local repositories shall destroy all recalled or
  381  expired prescription drugs and all prescription drugs that are
  382  not suitable for dispensing in the repository. Local
  383  repositories must complete a destruction information form for
  384  all such drugs, in accordance with department rule.
  385         (11) RECORDKEEPING.—
  386         (a) Local repositories shall maintain records of
  387  prescription drugs and supplies that are accepted, donated,
  388  dispensed, distributed, or destroyed under the program.
  389         (b) All required records must be maintained in accordance
  390  with any applicable practice act. Local repositories shall
  391  submit these records quarterly to the centralized repository for
  392  data collection, and the centralized repository shall submit
  393  these records and the collected data in annual reports to the
  394  department.
  396         (a) The department or contractor shall establish and
  397  maintain registries of all local repositories and of
  398  prescription drugs and supplies available under the program. The
  399  registry of local repositories must include each repository’s
  400  name, address, website, and telephone number. The registry of
  401  available prescription drugs and supplies must include the name,
  402  strength, available quantity, and expiration date of the
  403  prescription drug or supplies and the name and contact
  404  information of each repository where such drug or supplies are
  405  available. The department shall publish the registries on its
  406  website.
  407         (b) The department shall publish all forms required by this
  408  section on its website.
  410         (a) Any donor of prescription drugs or supplies and any
  411  participant in the program who exercises reasonable care in
  412  donating, accepting, distributing, or dispensing prescription
  413  drugs or supplies under the program is immune from civil or
  414  criminal liability and from professional disciplinary action by
  415  the state for any injury, death, or loss to person or property
  416  relating to such activities.
  417         (b) A pharmaceutical manufacturer who exercises reasonable
  418  care is not liable for any claim or injury arising from the
  419  donation of any prescription drug or supply under this section,
  420  including, but not limited to, liability for failure to transfer
  421  or communicate product or consumer information regarding the
  422  donated prescription drug, including its expiration date.
  423         (14)NOTICE TO PATIENTS.Before dispensing a donated
  424  prescription drug under the program, the dispenser must provide
  425  written notification to the eligible patient or his or her legal
  426  representative, receipt of which must be acknowledged in
  427  writing, of all of the following information:
  428         (a)The prescription drug was donated to the program.
  429         (b)The donors and participants in the program are immune
  430  from civil or criminal liability or disciplinary action.
  431         (c)The eligible patient is not required to pay for the
  432  prescription drug, but may be required to pay a nominal handling
  433  fee, which may not exceed the amount established by department
  434  rule.
  435         (15)DIRECT-SUPPORT ORGANIZATION.The department may
  436  establish a direct-support organization to provide assistance,
  437  funding, and promotional support for the activities authorized
  438  under the act.
  439         (a) Entity organization.The direct-support organization
  440  must operate in accordance with s. 20.058 and is:
  441         1.A Florida corporation not for profit incorporated under
  442  chapter 617, exempted from filing fees, and approved by the
  443  Department of State.
  444         2. Organized and operated to conduct programs and
  445  activities; raise funds and request and receive grants, gifts,
  446  and bequests of moneys; acquire, receive, hold, and invest, in
  447  its own name, securities, funds, objects of value, or other
  448  property, either real or personal; and make expenditures or
  449  provide funding to or for the direct or indirect benefit of the
  450  program.
  451         (b)Purposes and objectives.The purposes and objectives of
  452  the direct-support organization must be consistent with the
  453  goals of the department, in the best interest of the state, and
  454  in accordance with the adopted goals and the mission of the
  455  department.
  456         (c)Prohibition against lobbying.The direct-support
  457  organization is not considered a lobbying firm, as that term is
  458  defined in s. 11.045(1). All expenditures of the direct-support
  459  organization must be directly related to program administration
  460  within the requirements of this section. Funds of the direct
  461  support organization may not be used for the purpose of
  462  lobbying, as that term is defined in s. 11.045(1).
  463         (d) Possession of prescription drugs.The direct-support
  464  organization may not possess any prescription drugs on behalf of
  465  the program.
  466         (e)Contract.—The direct-support organization shall operate
  467  under a written contract with the department.
  468         1. The contract must require the direct-support
  469  organization to submit to the department, annually by August 1,
  470  the following information, which must be posted on the websites
  471  of the direct-support organization and the department:
  472         a.The articles of incorporation and bylaws of the direct
  473  support organization, as approved by the department.
  474         b.A proposed annual budget for the approval of the
  475  department.
  476         c.The code of ethics of the direct-support organization.
  477         d.The statutory authority or executive order that created
  478  the direct-support organization.
  479         e.A brief description of the direct-support organization’s
  480  mission and any results obtained by the direct-support
  481  organization.
  482         f.A brief description of the direct-support organization’s
  483  annual plan for each of the next 3 fiscal years.
  484         g.A copy of the direct-support organization’s most recent
  485  federal Internal Revenue Service Return Organization Exempt from
  486  Income Tax form (Form 990).
  487         h. Certification by the department that the direct-support
  488  organization is complying with the terms of the contract and
  489  operating in a manner consistent with the goals and purposes of
  490  the department and the best interest of the program and the
  491  state. Such certification must be made annually and reported in
  492  the official minutes of a meeting of the board of directors of
  493  the direct-support organization.
  494         2. The contract must, at a minimum, provide for:
  495         a. The reversion without penalty to the department, or to
  496  the state if the department ceases to exist, of all moneys and
  497  property held in trust by the direct-support organization for
  498  the benefit of the program if the direct-support organization
  499  ceases to exist or if the contract is terminated.
  500         b.A disclosure of material provisions of the contract and
  501  the distinction between the department and the direct-support
  502  organization to appear on all promotional and fundraising
  503  publications.
  504         c.A list of prescription drugs solicited by the direct
  505  support organization for distribution to the centralized
  506  repository or a local repository.
  507         (f) Board of directors.—The State Surgeon General shall
  508  appoint the board of directors, which must consist of at least 5
  509  members, but not more than 15 members, who serve at his or her
  510  pleasure. The board must elect a chair from among its members.
  511  Board members must serve without compensation but may be
  512  entitled to reimbursement of travel and per diem expenses in
  513  accordance with s. 112.061, if funds are available for this
  514  purpose.
  515         (g) Use of property.—The department may allow, without
  516  charge, appropriate use of fixed property, facilities, and
  517  personnel services of the department by the direct-support
  518  organization for purposes related to the program. For purposes
  519  of this paragraph, the term “personnel services” includes full
  520  time or part-time personnel, as well as payroll processing
  521  services.
  522         1. The department may prescribe any condition with which
  523  the direct-support organization must comply in order to use
  524  fixed property or facilities of the department.
  525         2. The department may not allow the use of any fixed
  526  property or facilities of the department by the direct-support
  527  organization if the organization does not provide equal
  528  membership and employment opportunities to all persons
  529  regardless of race, color, religion, sex, age, or national
  530  origin.
  531         3. The department shall adopt rules prescribing the
  532  procedures by which the direct-support organization is governed
  533  and any conditions with which a direct-support organization must
  534  comply to use property or facilities of the department.
  535         (h) Deposit of funds.—Any moneys of the direct-support
  536  organization may be held in a separate depository account in the
  537  name of the organization and subject to the provisions of the
  538  organization’s contract with the department.
  539         (i)Use of funds.Funds designated for the direct-support
  540  organization must be used for the enhancement of program
  541  projects and in a manner consistent with that purpose. Any
  542  administrative costs of running and promoting the purposes of
  543  the organization or program must be paid by private funds.
  544         (j) Audit.—The direct-support organization shall provide
  545  for an annual financial audit in accordance with s. 215.981.
  546         (k) Repeal.—This subsection is repealed on October 1, 2024,
  547  unless reviewed and saved from repeal by the Legislature.
  548         (16)RULEMAKING.—The department shall adopt rules necessary
  549  to administer this section. When applicable, the rules may
  550  provide for the use of electronic forms, recordkeeping, and
  551  meeting by teleconference.
  552         Section 2. Paragraph (o) is added to subsection (5) of
  553  section 252.36, Florida Statutes, to read:
  554         252.36 Emergency management powers of the Governor.—
  555         (5) In addition to any other powers conferred upon the
  556  Governor by law, she or he may:
  557         (o) Waive the patient eligibility requirements of s.
  558  465.1902.
  559         Section 3. This act shall take effect July 1, 2019.