Florida Senate - 2022                                    SB 7002
       By the Committee on Health Policy
       588-01045-22                                          20227002__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 381.987, F.S., which
    4         provides an exemption from public records requirements
    5         for personal identifying information relating to
    6         medical marijuana held by the Department of Health;
    7         removing the scheduled repeal of the exemption;
    8         providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Section 381.987, Florida Statutes, is amended to
   13  read:
   14         381.987 Public records exemption for personal identifying
   15  information relating to medical marijuana held by the
   16  department.—
   17         (1) The following information is confidential and exempt
   18  from s. 119.07(1) and s. 24(a), Art. I of the State
   19  Constitution:
   20         (a) A patient’s or caregiver’s personal identifying
   21  information held by the department in the medical marijuana use
   22  registry established under s. 381.986, including, but not
   23  limited to, the patient’s or caregiver’s name, address, date of
   24  birth, photograph, and telephone number.
   25         (b) All personal identifying information collected for the
   26  purpose of issuing a patient’s or caregiver’s medical marijuana
   27  use registry identification card described in s. 381.986.
   28         (c) All personal identifying information pertaining to the
   29  physician certification for marijuana and the dispensing thereof
   30  held by the department, including, but not limited to,
   31  information related to the patient’s diagnosis, exception
   32  requests to the daily dose amount limit, and the qualified
   33  patient’s experience related to the medical use of marijuana.
   34         (d) A qualified physician’s Drug Enforcement Administration
   35  number, residential address, and government-issued
   36  identification card.
   37         (2) The department shall allow access to the confidential
   38  and exempt information in the medical marijuana use registry to:
   39         (a) A law enforcement agency that is investigating a
   40  violation of law regarding marijuana in which the subject of the
   41  investigation claims an exception established under s. 381.986,
   42  except for information related to the patient’s diagnosis.
   43         (b) A medical marijuana treatment center approved by the
   44  department pursuant to s. 381.986 which is attempting to verify
   45  the authenticity of a physician certification for marijuana,
   46  including whether the certification had been previously filled
   47  and whether the certification was issued for the person
   48  attempting to have it filled, except for information related to
   49  the patient’s diagnosis.
   50         (c) A physician who has issued a certification for
   51  marijuana for the purpose of monitoring the patient’s use of
   52  such marijuana or for the purpose of determining, before issuing
   53  a certification for marijuana, whether another physician has
   54  issued a certification for the patient’s use of marijuana. The
   55  physician may access the confidential and exempt information
   56  only for the patient for whom he or she has issued a
   57  certification or is determining whether to issue a certification
   58  for the use of marijuana pursuant to s. 381.986.
   59         (d) A practitioner licensed to prescribe prescription
   60  medications to ensure proper care of a patient before
   61  prescribing medication to that patient which may interact with
   62  marijuana.
   63         (e) An employee of the department for the purposes of
   64  maintaining the registry and periodic reporting or disclosure of
   65  information that has been redacted to exclude personal
   66  identifying information.
   67         (f) An employee of the department for the purposes of
   68  reviewing physician registration and the issuance of physician
   69  certifications to monitor practices that could facilitate
   70  unlawful diversion or the misuse of marijuana or a marijuana
   71  delivery device.
   72         (g) The department’s relevant health care regulatory boards
   73  responsible for the licensure, regulation, or discipline of a
   74  physician if he or she is involved in a specific investigation
   75  of a violation of s. 381.986. If a health care regulatory
   76  board’s investigation reveals potential criminal activity, the
   77  board may provide any relevant information to the appropriate
   78  law enforcement agency.
   79         (h) The Consortium for Medical Marijuana Clinical Outcomes
   80  Research established in s. 1004.4351(4).
   81         (i) A person engaged in bona fide research if the person
   82  agrees:
   83         1. To submit a research plan to the department which
   84  specifies the exact nature of the information requested and the
   85  intended use of the information;
   86         2. To maintain the confidentiality of the records or
   87  information if personal identifying information is made
   88  available to the researcher;
   89         3. To destroy any confidential and exempt records or
   90  information obtained after the research is concluded; and
   91         4. Not to contact, directly or indirectly, for any purpose,
   92  a patient or physician whose information is in the registry.
   93         (3) The department shall allow access to the confidential
   94  and exempt information pertaining to the physician certification
   95  for marijuana and the dispensing thereof, whether in the
   96  registry or otherwise held by the department, to:
   97         (a) An employee of the department for the purpose of
   98  approving or disapproving a request for an exception to the
   99  daily dose amount limit for a qualified patient; and
  100         (b) The Consortium for Medical Marijuana Clinical Outcomes
  101  Research pursuant to s. 381.986 for the purpose of conducting
  102  research regarding the medical use of marijuana.
  103         (4) All information released by the department under
  104  subsections (2) and (3) remains confidential and exempt, and a
  105  person who receives access to such information must maintain the
  106  confidential and exempt status of the information received.
  107         (5) A person who willfully and knowingly violates this
  108  section commits a felony of the third degree, punishable as
  109  provided in s. 775.082 or s. 775.083.
  110         (6) This section is subject to the Open Government Sunset
  111  Review Act in accordance with s. 119.15 and shall stand repealed
  112  on October 2, 2022, unless reviewed and saved from repeal
  113  through reenactment by the Legislature.
  114         Section 2. This act shall take effect October 1, 2022.