ENROLLED
       2017 Legislature                                          SB 6-A
       
       
       
       
       
       
                                                               20176Aer
    1  
    2         An act relating to public records; amending s.
    3         381.987, F.S.; exempting from public records
    4         requirements personal identifying information of
    5         patients, caregivers, and physicians held by the
    6         Department of Health in the medical marijuana use
    7         registry and personal identifying information related
    8         to the physician certification for marijuana and the
    9         dispensing thereof held by the department; authorizing
   10         specified persons and entities access to the exempt
   11         information; requiring that information released from
   12         the registry or the department remain confidential and
   13         exempt; providing a criminal penalty; providing for
   14         future legislative review and repeal of the exemption;
   15         providing a statement of public necessity; providing a
   16         contingent effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 381.987, Florida Statutes, is amended to
   21  read:
   22         381.987 Public records exemption for personal identifying
   23  information relating to medical marijuana held by the department
   24  in the compassionate use registry.—
   25         (1) The following information is confidential and exempt
   26  from s. 119.07(1) and s. 24(a), Art. I of the State
   27  Constitution:
   28         (a) A patient’s or caregiver’s personal identifying
   29  information held by the department in the medical marijuana
   30  compassionate use registry established under s. 381.986,
   31  including, but not limited to, the patient’s or caregiver’s
   32  name, address, date of birth, photograph, and telephone number.
   33         (b) All personal identifying information collected for the
   34  purpose of issuing a patient’s or caregiver’s medical marijuana
   35  use registry identification card described in s. 381.896. ,and
   36  government-issued identification number, and
   37         (c) All personal identifying information pertaining to the
   38  physician certification physician’s order for marijuana low-THC
   39  cannabis and the dispensing thereof held by the department,
   40  including, but not limited to, information related to the
   41  patient’s diagnosis, exception requests to the daily dose amount
   42  limit, and the qualified patient’s experience related to the
   43  medical use of marijuana are confidential and exempt from s.
   44  119.07(1) and s. 24(a), Art. I of the State Constitution.
   45         (d)(2) A qualified physician’s identifying information Drug
   46  Enforcement Administration number, residential held by the
   47  department in the compassionate use registry established under
   48  s. 381.986, including, but not limited to, the physician’s name,
   49  address, and telephone number, government-issued identification
   50  card number, and Drug Enforcement Administration number, and all
   51  information pertaining to the physician’s order for low-THC
   52  cannabis and the dispensing thereof are confidential and exempt
   53  from s. 119.07(1) and s. 24(a), Art. I of the State
   54  Constitution.
   55         (2)(3) The department shall allow access to the
   56  confidential and exempt information in the medical marijuana use
   57  registry, including access to confidential and exempt
   58  information, to:
   59         (a) A law enforcement agency that is investigating a
   60  violation of law regarding marijuana cannabis in which the
   61  subject of the investigation claims an exception established
   62  under s. 381.986, except for information related to the
   63  patient’s diagnosis.
   64         (b) A medical marijuana treatment center dispensing
   65  organization approved by the department pursuant to s. 381.986
   66  which is attempting to verify the authenticity of a physician
   67  certification physician’s order for marijuana low-THC cannabis,
   68  including whether the certification order had been previously
   69  filled and whether the certification order was issued written
   70  for the person attempting to have it filled, except for
   71  information related to the patient’s diagnosis.
   72         (c) A physician who has issued a certification for
   73  marijuana written an order for low-THC cannabis for the purpose
   74  of monitoring the patient’s use of such marijuana cannabis or
   75  for the purpose of determining, before issuing a certification
   76  for marijuana an order for low-THC cannabis, whether another
   77  physician has issued a certification for ordered the patient’s
   78  use of marijuana low-THC cannabis. The physician may access the
   79  confidential and exempt information only for the patient for
   80  whom he or she has issued a certification ordered or is
   81  determining whether to issue a certification for order the use
   82  of marijuana low-THC cannabis pursuant to s. 381.986.
   83         (d) A practitioner licensed to prescribe prescription
   84  medications to ensure proper care of a patient before
   85  prescribing medication to that patient which may interact with
   86  marijuana.
   87         (e)(d) An employee of the department for the purposes of
   88  maintaining the registry and periodic reporting or disclosure of
   89  information that has been redacted to exclude personal
   90  identifying information.
   91         (f) An employee of the department for the purposes of
   92  reviewing physician registration and the issuance of physician
   93  certifications to monitor practices that could facilitate
   94  unlawful diversion or the misuse of marijuana or a marijuana
   95  delivery device.
   96         (g)(e) The department’s relevant health care regulatory
   97  boards responsible for the licensure, regulation, or discipline
   98  of a physician if he or she is involved in a specific
   99  investigation of a violation of s. 381.986. If a health care
  100  regulatory board’s investigation reveals potential criminal
  101  activity, the board may provide any relevant information to the
  102  appropriate law enforcement agency.
  103         (h) The Coalition for Medical Marijuana Research and
  104  Education established in s. 1004.4351(4).
  105         (i)(f) A person engaged in bona fide research if the person
  106  agrees:
  107         1. To submit a research plan to the department which
  108  specifies the exact nature of the information requested and the
  109  intended use of the information;
  110         2. To maintain the confidentiality of the records or
  111  information if personal identifying information is made
  112  available to the researcher;
  113         3. To destroy any confidential and exempt records or
  114  information obtained after the research is concluded; and
  115         4. Not to contact, directly or indirectly, for any purpose,
  116  a patient or physician whose information is in the registry.
  117         (3) The department shall allow access to the confidential
  118  and exempt information pertaining to the physician certification
  119  for marijuana and the dispensing thereof, whether in the
  120  registry or otherwise held by the department, to:
  121         (a) An employee of the department for the purpose of
  122  approving or disapproving a request for an exception to the
  123  daily dose amount limit for a qualified patient; and
  124         (b) The Coalition for Medical Marijuana Research and
  125  Education pursuant to s. 381.986 for the purpose of conducting
  126  research regarding the medical use of marijuana.
  127         (4) All information released by the department from the
  128  registry under subsections subsection (2) and (3) remains
  129  confidential and exempt, and a person who receives access to
  130  such information must maintain the confidential and exempt
  131  status of the information received.
  132         (5) A person who willfully and knowingly violates this
  133  section commits a felony of the third degree, punishable as
  134  provided in s. 775.082 or, s. 775.083, or s. 775.084.
  135         (6) This section is subject to the Open Government Sunset
  136  Review Act in accordance with s. 119.15 and shall stand repealed
  137  on October 2, 2022 2019, unless reviewed and saved from repeal
  138  through reenactment by the Legislature.
  139         Section 2. The Legislature finds that it is a public
  140  necessity that personal identifying information of patients,
  141  caregivers, and physicians, including the name, residential
  142  address, date of birth, photograph, telephone number,
  143  government-issued identification card, Drug Enforcement
  144  Administration number, and other personal identifying
  145  information collected for purposes of issuing a medical
  146  marijuana use registry identification card issued under s.
  147  381.986, Florida Statutes, held by the Department of Health in
  148  the medical marijuana use registry established under s. 381.986,
  149  Florida Statutes, be made confidential and exempt from s.
  150  119.07(1), Florida Statutes, and s. 24(a), Article I of the
  151  State Constitution. The Legislature further finds that it is a
  152  public necessity to make confidential and exempt from s.
  153  119.07(1), Florida Statutes, and s. 24(a), Article I of the
  154  State Constitution all personal identifying information,
  155  including but not limited to information related to the
  156  qualified patient’s diagnosis, exception requests to the daily
  157  dose amount limit, and the qualified patient’s experience
  158  related to the medical use of marijuana, held in the medical
  159  marijuana use registry or by the department which pertains to a
  160  physician certification for marijuana and the dispensing thereof
  161  pursuant to s. 381.986, Florida Statutes. The choice made by a
  162  physician to certify, and by his or her patient to use,
  163  marijuana to treat the patient’s medical condition or symptoms
  164  and the choice made by a caregiver to assist a qualifying
  165  patient with the medical use of marijuana is a personal and
  166  private matter between such parties. The availability of such
  167  information could make the public aware of both the patient’s
  168  use of marijuana and the patient’s diseases or other medical
  169  conditions for which the patient is using marijuana. The
  170  knowledge of the patient’s use of marijuana, the knowledge that
  171  the physician certified the use of marijuana, the knowledge of
  172  the patient’s diseases or other medical conditions, and the
  173  knowledge that a caregiver is assisting a patient with the
  174  medical use of marijuana could be used to embarrass, humiliate,
  175  harass, or discriminate against the patient, the caregiver, or
  176  the physician. This information could be used as a
  177  discriminatory tool by an employer who disapproves of the
  178  patient’s use of marijuana, the caregiver’s assistance in the
  179  use of marijuana, or the physician certification of such use.
  180  However, despite the potential hazards of collecting such
  181  information, maintaining the medical marijuana use registry
  182  established under s. 381.986, Florida Statutes, and collecting
  183  information pertaining to the physician certification for
  184  marijuana is necessary to prevent the diversion and nonmedical
  185  use of marijuana as well as to aid and improve research on the
  186  efficacy of marijuana. Therefore, the Legislature finds that it
  187  is a public necessity to make confidential and exempt from
  188  public records requirements the personal identifying information
  189  of patients, caregivers, and physicians held by the Department
  190  of Health in the medical marijuana use registry established
  191  under s. 381.986, Florida Statutes, and all personal identifying
  192  information held in the registry or by the department that
  193  pertains to a physician certification for marijuana and the
  194  dispensing thereof pursuant to s. 381.986, Florida Statutes.
  195         Section 3. This act shall take effect on the same date that
  196  SB 8A or similar legislation takes effect, if such legislation
  197  is adopted in the same legislative session or an extension
  198  thereof and becomes a law.