Bill Text: FL S0862 | 2014 | Regular Session | Comm Sub


Bill Title: Prescription Drug Monitoring

Spectrum: Partisan Bill (? 2-0)

Status: (Failed) 2014-05-02 - Died in Messages, companion bill(s) passed, see HB 7177 (Ch. 2014-156), CS/SB 1194 (Ch. 2014-96) [S0862 Detail]

Download: Florida-2014-S0862-Comm_Sub.html
       Florida Senate - 2014                              CS for SB 862
       
       
        
       By the Committees on Judiciary; and Health Policy
       
       
       
       
       
       590-03524-14                                           2014862c1
    1                        A bill to be entitled                      
    2         An act relating to prescription drug monitoring;
    3         amending s. 893.055, F.S.; defining and redefining
    4         terms; revising provisions relating to the
    5         comprehensive electronic database system and
    6         prescription drug monitoring program maintained by the
    7         Department of Health; allowing impaired practitioner
    8         consultants retained by the department access to
    9         certain information; providing requirements for the
   10         release of information shared with a state attorney in
   11         response to a discovery demand; providing procedures
   12         for the release of information to a law enforcement
   13         agency during an active investigation; requiring the
   14         department to adopt a user agreement by rule;
   15         requiring the department to enter into a user
   16         agreement with the law enforcement agency requesting
   17         the release of information; providing requirements for
   18         the user agreement; requiring a law enforcement agency
   19         under a user agreement to conduct annual audits;
   20         providing for the restriction, suspension, or
   21         termination of a user agreement; providing for access
   22         to the program database by the program manager and
   23         designated support staff; authorizing the department
   24         to provide a patient advisory report to the
   25         appropriate health care practitioner if the program
   26         manager determines that a specified pattern exists;
   27         authorizing the department to provide relevant
   28         information that does not contain personal identifying
   29         information to a law enforcement agency if the program
   30         manager determines that a specified pattern exists;
   31         authorizing the law enforcement agency to use such
   32         information to determine whether an active
   33         investigation is warranted; authorizing the department
   34         to fund the program with up to $500,000 of funds
   35         generated under ch. 465, F.S.; authorizing the
   36         department to seek federal or private funds to support
   37         the program; repealing language creating a direct
   38         support organization to fund the program; deleting
   39         obsolete provisions; providing an effective date.
   40          
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Section 893.055, Florida Statutes, is amended to
   44  read:
   45         893.055 Prescription drug monitoring program.—
   46         (1) As used in this section, the term:
   47         (a) “Patient advisory report” or “advisory report” means
   48  information provided by the department in writing, or as
   49  determined by the department, to a prescriber, dispenser,
   50  pharmacy, or patient concerning the dispensing of controlled
   51  substances. All Advisory reports are for informational purposes
   52  only and do not impose any obligation no obligations of any
   53  nature or any legal duty on a prescriber, dispenser, pharmacy,
   54  or patient. An advisory report The patient advisory report shall
   55  be provided in accordance with s. 893.13(7)(a)8. The advisory
   56  reports issued by the department is are not subject to discovery
   57  or introduction into evidence in a any civil or administrative
   58  action against a prescriber, dispenser, pharmacy, or patient
   59  arising out of matters that are the subject of the report. A
   60  department employee; and a person who participates in preparing,
   61  reviewing, issuing, or any other activity related to an advisory
   62  report is may not allowed be permitted or required to testify in
   63  any such civil action as to any findings, recommendations,
   64  evaluations, opinions, or other actions taken in connection with
   65  preparing, reviewing, or issuing such a report.
   66         (b) “Controlled substance” means a controlled substance
   67  listed in Schedule II, Schedule III, or Schedule IV in s.
   68  893.03.
   69         (c) “Dispenser” means a pharmacy, dispensing pharmacist, or
   70  dispensing health care practitioner, and includes a pharmacy,
   71  dispensing pharmacist, or health care practitioner that is not
   72  located in this state but is otherwise subject to the
   73  jurisdiction of this state as to a particular dispensing
   74  transaction.
   75         (d) “Health care practitioner” or “practitioner” means a
   76  any practitioner who is subject to licensure or regulation by
   77  the department under chapter 458, chapter 459, chapter 461,
   78  chapter 462, chapter 463, chapter 464, chapter 465, or chapter
   79  466.
   80         (e) “Health care regulatory board” means a any board for a
   81  practitioner or health care practitioner who is licensed or
   82  regulated by the department.
   83         (f) “Pharmacy” means a any pharmacy that is subject to
   84  licensure or regulation by the department under chapter 465 and
   85  that dispenses or delivers a controlled substance to an
   86  individual or address in this state.
   87         (g) “Prescriber” means a prescribing physician, prescribing
   88  practitioner, or other prescribing health care practitioner.
   89         (h) “Active investigation” means an investigation that is
   90  being conducted with a reasonable, good faith belief that it
   91  will could lead to the filing of administrative, civil, or
   92  criminal proceedings, or an investigation that is ongoing and
   93  continuing and for which there is a reasonable, good faith
   94  anticipation of securing an arrest or prosecution in the
   95  foreseeable future.
   96         (i) “Law enforcement agency” means the Department of Law
   97  Enforcement, a Florida sheriff’s department, a Florida police
   98  department, or a law enforcement agency of the Federal
   99  Government which enforces the laws of this state or the United
  100  States relating to controlled substances, and whose which its
  101  agents and officers are empowered by law to conduct criminal
  102  investigations and make arrests.
  103         (j) “Program manager” means an employee of or a person
  104  contracted by the Department of Health who is designated to
  105  ensure the integrity of the prescription drug monitoring program
  106  in accordance with the requirements established in paragraphs
  107  (2)(a) and (b).
  108         (k) “Dispense” or “dispensing” means the transfer of
  109  possession of one or more doses of a medicinal drug by a health
  110  care practitioner to the ultimate consumer or to the ultimate
  111  consumer’s agent, including, but not limited to, a transaction
  112  with a dispenser pursuant to chapter 465 and a dispensing
  113  transaction to an individual or address in this state with a
  114  dispenser that is located outside this state but is otherwise
  115  subject to the jurisdiction of this state as to that dispensing
  116  transaction.
  117         (2)(a) The department shall maintain design and establish a
  118  comprehensive electronic database system in order to collect and
  119  store specified information from dispensed that has controlled
  120  substance prescriptions and shall release information to
  121  authorized recipients in accordance with subsection (6) and s.
  122  893.0551 provided to it and that provides prescription
  123  information to a patient’s health care practitioner and
  124  pharmacist who inform the department that they wish the patient
  125  advisory report provided to them. Otherwise, the patient
  126  advisory report will not be sent to the practitioner, pharmacy,
  127  or pharmacist. The system must shall be designed to provide
  128  information regarding dispensed prescriptions of controlled
  129  substances and shall not infringe upon the legitimate
  130  prescribing or dispensing of a controlled substance by a
  131  prescriber or dispenser acting in good faith and in the course
  132  of professional practice and must. The system shall be
  133  consistent with standards of the American Society for Automation
  134  in Pharmacy (ASAP). The electronic system must shall also comply
  135  with the Health Insurance Portability and Accountability Act
  136  (HIPAA) as it pertains to protected health information (PHI),
  137  electronic protected health information (EPHI), and all other
  138  relevant state and federal privacy and security laws and
  139  regulations. The department shall establish policies and
  140  procedures as appropriate regarding the reporting, accessing the
  141  database, evaluation, management, development, implementation,
  142  operation, storage, and security of information within the
  143  system. The reporting of prescribed controlled substances shall
  144  include a dispensing transaction with a dispenser pursuant to
  145  chapter 465 or through a dispensing transaction to an individual
  146  or address in this state with a pharmacy that is not located in
  147  this state but that is otherwise subject to the jurisdiction of
  148  this state as to that dispensing transaction. The reporting of
  149  patient advisory reports refers only to reports to patients,
  150  pharmacies, and practitioners. Separate reports that contain
  151  patient prescription history information and that are not
  152  patient advisory reports are provided to persons and entities as
  153  authorized in paragraphs (7)(b) and (c) and s. 893.0551.
  154         (b) The department shall maintain the electronic system so
  155  that a patient’s health care practitioner or pharmacist is able
  156  to receive a patient advisory report upon request, when the
  157  direct support organization receives at least $20,000 in
  158  nonstate moneys or the state receives at least $20,000 in
  159  federal grants for the prescription drug monitoring program,
  160  shall adopt rules as necessary concerning the reporting,
  161  accessing the database, evaluation, management, development,
  162  implementation, operation, security, and storage of information
  163  within the system, including rules for when patient advisory
  164  reports are provided to pharmacies and prescribers. The patient
  165  advisory report shall be provided in accordance with s.
  166  893.13(7)(a)8. The department shall work with the professional
  167  health care licensure boards, such as the Board of Medicine, the
  168  Board of Osteopathic Medicine, and the Board of Pharmacy; other
  169  appropriate organizations, such as the Florida Pharmacy
  170  Association, the Florida Medical Association, the Florida Retail
  171  Federation, and the Florida Osteopathic Medical Association,
  172  including those relating to pain management; and the Attorney
  173  General, the Department of Law Enforcement, and the Agency for
  174  Health Care Administration to develop rules appropriate for the
  175  prescription drug monitoring program.
  176         (c) The department shall:
  177         1. Establish policies and procedures and adopt rules
  178  necessary to provide for access to and evaluation, management,
  179  and operation of the electronic system.
  180         2. Establish policies and procedures and adopt rules
  181  necessary to provide for the reporting, storage, and security of
  182  information within the electronic system, including:
  183         a. Any additional information, other than the information
  184  listed in subsection (3), which must be reported to the system.
  185         b. The process by which dispensers must provide the
  186  required information concerning each controlled substance that
  187  it has dispensed in a secure methodology and format. Such
  188  approved formats may include, but are not limited to, submission
  189  via the Internet, on a disc, or by use of regular mail.
  190         c. The process by which the department may approve an
  191  extended period of time for a dispenser to report a dispensed
  192  prescription to the system.
  193         d. Procedures providing for reporting during a state
  194  declared or nationally declared disaster.
  195         e. Procedures for determining when a patient advisory
  196  report is required to be provided to a pharmacy or prescriber.
  197         f. Procedures for determining whether a request for
  198  information under paragraph (6)(b) is authentic and authorized
  199  by the requesting agency.
  200         3. Cooperate with professional health care licensure
  201  boards, such as the Board of Medicine, the Board of Osteopathic
  202  Medicine, and the Board of Pharmacy; other appropriate
  203  organizations, such as the Florida Pharmacy Association, the
  204  Florida Medical Association, the Florida Retail Federation, the
  205  Florida Osteopathic Medical Association, and those relating to
  206  pain management; and the Attorney General, the Department of Law
  207  Enforcement, and the Agency for Health Care Administration to
  208  develop rules appropriate for the prescription drug monitoring
  209  program All dispensers and prescribers subject to these
  210  reporting requirements shall be notified by the department of
  211  the implementation date for such reporting requirements.
  212         4.(d)Cooperate The program manager shall work with
  213  professional health care licensure boards and the stakeholders
  214  listed in subparagraph 3. paragraph (b) to develop rules
  215  appropriate for identifying indicators of controlled substance
  216  abuse.
  217         (3) The dispenser of The pharmacy dispensing the controlled
  218  substance and each prescriber who directly dispenses a
  219  controlled substance shall submit to the electronic system, by a
  220  procedure and in a format established by the department and
  221  consistent with an ASAP-approved format, the following
  222  information for each prescription dispensed inclusion in the
  223  database:
  224         (a) The name of the prescribing practitioner, the
  225  practitioner’s federal Drug Enforcement Administration
  226  registration number, the practitioner’s National Provider
  227  Identification (NPI) or other appropriate identifier, and the
  228  date of the prescription.
  229         (b) The date the prescription was filled and the method of
  230  payment, such as cash by an individual, insurance coverage
  231  through a third party, or Medicaid payment. This paragraph does
  232  not authorize the department to include individual credit card
  233  numbers or other account numbers in the database.
  234         (c) The full name, address, and date of birth of the person
  235  for whom the prescription was written.
  236         (d) The name, national drug code, quantity, and strength of
  237  the controlled substance dispensed.
  238         (e) The full name, federal Drug Enforcement Administration
  239  registration number, and address of the pharmacy or other
  240  location from which the controlled substance was dispensed. If
  241  the controlled substance was dispensed by a practitioner other
  242  than a pharmacist, the practitioner’s full name, federal Drug
  243  Enforcement Administration registration number, and address.
  244         (f) The name of the pharmacy or practitioner, other than a
  245  pharmacist, dispensing the controlled substance and the
  246  practitioner’s National Provider Identification (NPI).
  247         (g) Other appropriate identifying information as determined
  248  by department rule.
  249         (4) Each time a controlled substance is dispensed to an
  250  individual, the information specified in subsection (3)
  251  controlled substance shall be reported by the dispenser to the
  252  department through the system using a department-approved
  253  process as soon thereafter as possible, but not more than 7 days
  254  after the date the controlled substance is dispensed unless an
  255  extension is approved by the department. Costs to the dispenser
  256  for submitting the information required by this section may not
  257  be material or extraordinary. Costs not considered to be
  258  material or extraordinary include, but are not limited to,
  259  regular postage, electronic media, regular electronic mail, and
  260  facsimile charges. A person who willfully and knowingly fails to
  261  report the dispensing of a controlled substance as required by
  262  this section commits a misdemeanor of the first degree,
  263  punishable as provided in s. 775.082 or s. 775.083 for cause as
  264  determined by rule. A dispenser must meet the reporting
  265  requirements of this section by providing the required
  266  information concerning each controlled substance that it
  267  dispensed in a department-approved, secure methodology and
  268  format. Such approved formats may include, but are not limited
  269  to, submission via the Internet, on a disc, or by use of regular
  270  mail.
  271         (5) When the following acts of dispensing or administering
  272  occur, The following acts are exempt from the reporting under
  273  requirements of this section for that specific act of dispensing
  274  or administration:
  275         (a) The administration of A health care practitioner when
  276  administering a controlled substance directly to a patient by a
  277  health care practitioner if the amount of the controlled
  278  substance is adequate to treat the patient during that
  279  particular treatment session.
  280         (b) The administration of A pharmacist or health care
  281  practitioner when administering a controlled substance by a
  282  health care practitioner to a patient or resident receiving care
  283  as a patient at a hospital, nursing home, ambulatory surgical
  284  center, hospice, or intermediate care facility for the
  285  developmentally disabled which is licensed in this state.
  286         (c) The administration or dispensing of A practitioner when
  287  administering or dispensing a controlled substance by a health
  288  care practitioner within in the health care system of the
  289  Department of Corrections.
  290         (d) The administration of A practitioner when administering
  291  a controlled substance by a health care practitioner in the
  292  emergency room of a licensed hospital.
  293         (e) The administration or dispensing of A health care
  294  practitioner when administering or dispensing a controlled
  295  substance by a health care practitioner to a person under the
  296  age of 16.
  297         (f) The A pharmacist or a dispensing practitioner when
  298  dispensing of a one-time, 72-hour emergency resupply of a
  299  controlled substance by a dispenser to a patient.
  300         (6) Confidential and exempt information in the prescription
  301  drug monitoring program’s database may be released only as
  302  provided in this subsection and s. 893.0551 The department may
  303  establish when to suspend and when to resume reporting
  304  information during a state-declared or nationally declared
  305  disaster.
  306         (7)(a) A practitioner or pharmacist who dispenses a
  307  controlled substance must submit the information required by
  308  this section in an electronic or other method in an ASAP format
  309  approved by rule of the department unless otherwise provided in
  310  this section. The cost to the dispenser in submitting the
  311  information required by this section may not be material or
  312  extraordinary. Costs not considered to be material or
  313  extraordinary include, but are not limited to, regular postage,
  314  electronic media, regular electronic mail, and facsimile
  315  charges.
  316         (a)(b) A pharmacy, prescriber, or dispenser shall have
  317  access to information in the prescription drug monitoring
  318  program’s database which relates to a patient of that pharmacy,
  319  prescriber, or dispenser in a manner established by the
  320  department as needed for the purpose of reviewing the patient’s
  321  controlled substance prescription history. A prescriber or
  322  dispenser acting in good faith is immune from any civil,
  323  criminal, or administrative liability that might otherwise be
  324  incurred or imposed for receiving or using information from the
  325  prescription drug monitoring program. This subsection does not
  326  create a private cause of action, and a person may not recover
  327  damages against a prescriber or dispenser authorized to access
  328  information under this subsection for accessing or failing to
  329  access such information Other access to the program’s database
  330  shall be limited to the program’s manager and to the designated
  331  program and support staff, who may act only at the direction of
  332  the program manager or, in the absence of the program manager,
  333  as authorized. Access by the program manager or such designated
  334  staff is for prescription drug program management only or for
  335  management of the program’s database and its system in support
  336  of the requirements of this section and in furtherance of the
  337  prescription drug monitoring program. Confidential and exempt
  338  information in the database shall be released only as provided
  339  in paragraph (c) and s. 893.0551. The program manager,
  340  designated program and support staff who act at the direction of
  341  or in the absence of the program manager, and any individual who
  342  has similar access regarding the management of the database from
  343  the prescription drug monitoring program shall submit
  344  fingerprints to the department for background screening. The
  345  department shall follow the procedure established by the
  346  Department of Law Enforcement to request a statewide criminal
  347  history record check and to request that the Department of Law
  348  Enforcement forward the fingerprints to the Federal Bureau of
  349  Investigation for a national criminal history record check.
  350         (b)(c) The following entities are shall not be allowed
  351  direct access to information in the prescription drug monitoring
  352  program database but may request from the program manager and,
  353  when authorized by the program manager, the program manager’s
  354  program and support staff, information that is confidential and
  355  exempt under s. 893.0551. Before Prior to release, the request
  356  by the following entities shall be verified as authentic and
  357  authorized with the requesting organization by the program
  358  manager or, the program manager’s program and support staff, or
  359  as determined in rules by the department as being authentic and
  360  as having been authorized by the requesting entity:
  361         1. The department or its relevant health care regulatory
  362  boards responsible for the licensure, regulation, or discipline
  363  of practitioners, pharmacists, or other persons who are
  364  authorized to prescribe, administer, or dispense controlled
  365  substances and who are involved in a specific controlled
  366  substance investigation involving a designated person for one or
  367  more prescribed controlled substances.
  368         2. The Attorney General for Medicaid fraud cases involving
  369  prescribed controlled substances.
  370         3. A law enforcement agency during active investigations of
  371  regarding potential criminal activity, fraud, or theft regarding
  372  prescribed controlled substances, in accordance with paragraph
  373  (d).
  374         4. A patient or the legal guardian or designated health
  375  care surrogate of an incapacitated patient as described in s.
  376  893.0551 who, for the purpose of verifying the accuracy of the
  377  database information, submits a written and notarized request
  378  that includes the patient’s full name, address, and date of
  379  birth, and includes the same information if the legal guardian
  380  or health care surrogate submits the request. If the patient’s
  381  legal guardian or health care surrogate is the requestor, the
  382  request shall be validated by the department to verify the
  383  identity of the patient and the legal guardian or health care
  384  surrogate, if the patient’s legal guardian or health care
  385  surrogate is the requestor. Such verification is also required
  386  for any request to change a patient’s prescription history or
  387  other information related to his or her information in the
  388  electronic database.
  389         5.An impaired practitioner consultant who is retained by
  390  the department under s. 456.076 shall have access to information
  391  in the prescription drug monitoring program’s database, in a
  392  manner established by the department, which relates to a
  393  practitioner who has agreed to be evaluated or monitored by the
  394  consultant, as needed for the purpose of reviewing the
  395  practitioner’s controlled substance prescription history.
  396         (c) Information in or released from the prescription drug
  397  monitoring program database for the electronic prescription drug
  398  monitoring system is not discoverable or admissible in any civil
  399  or administrative action, except in an investigation and
  400  disciplinary proceeding by the department or the appropriate
  401  regulatory board. Information shared with a state attorney
  402  pursuant to s. 893.0551(3)(a) or (c) may be released only in
  403  response to a discovery demand if such information is directly
  404  related to the criminal case for which the information was
  405  requested. If additional information is shared with the state
  406  attorney which is not directly related to the criminal case, the
  407  state attorney shall inform the inquirer that such information
  408  exists. Unrelated information may not be released except upon an
  409  order of a court of competent jurisdiction.
  410         (d) The department shall adopt a user agreement by rule.
  411  Before releasing any information pursuant to subparagraph (b)3.,
  412  the department shall enter into a user agreement with the law
  413  enforcement agency requesting information from the prescription
  414  drug monitoring database. At a minimum, the user agreement must:
  415         1. Provide for access control and information security in
  416  order to ensure the confidentiality of the information.
  417         2. Contain training requirements.
  418         3. Require each agency head to submit an annual attestation
  419  to the program manager that the user agreement is being complied
  420  with and to disclose any findings and actions taken to maintain
  421  compliance. Any findings of noncompliance must be reported
  422  immediately by the agency head to the program manager.
  423         4. Require each agency that receives information from the
  424  database to electronically update the database semiannually with
  425  the status of the case for which the information was requested,
  426  in accordance with procedures established by department rule.
  427         5. Require each agency head to appoint one agency
  428  administrator to be responsible for appointing authorized users
  429  to request and receive investigative reports on behalf of the
  430  agency to ensure the agency maintains compliance with the user
  431  agreement and laws governing access, use, and dissemination of
  432  information received.
  433         6. Require each authorized user to attest that each request
  434  for confidential information from the database is predicated on
  435  and related to an active investigation.
  436         7. Require the agency to conduct annual audits of the
  437  administrator and of each authorized user to ensure the user
  438  agreement is being followed. Such audits must be conducted by an
  439  internal affairs, professional compliance, inspector general, or
  440  similarly situated unit within the agency which normally handles
  441  inspections or internal investigations for that agency. The
  442  review must include any allegations of noncompliance, potential
  443  security violations, and a report on the user’s compliance with
  444  laws, rules, and the user agreement. The agency shall also
  445  conduct routine audits on access and dissemination of records.
  446  The results of each audit shall be submitted to the program
  447  manager within 7 days after completing the audit. By October 1,
  448  2014, the department shall adopt rules to ensure that each
  449  agency is complying with the audit requirements pursuant to this
  450  subparagraph.
  451         8. Allow the program manager to restrict, suspend, or
  452  terminate an administrator’s or authorized user’s access to
  453  information in the database if the department finds that the
  454  administrator or authorized user has failed to comply with the
  455  terms of the user agreement. If an agency does not comply with
  456  the department’s rules on audit requirements, the program
  457  manager shall suspend the agency’s access to information in the
  458  database until the agency comes into compliance with such rules.
  459         (e)(d)Other than the program manager and his or her
  460  program or support staff as authorized in paragraph (f),
  461  department staff are, for the purpose of calculating performance
  462  measures pursuant to subsection (8), shall not be allowed direct
  463  access to information in the prescription drug monitoring
  464  program database but may request from the program manager and,
  465  when authorized by the program manager, the program manager’s
  466  program and support staff, information that does not contain
  467  contains no identifying information of any patient, physician,
  468  health care practitioner, prescriber, or dispenser and that is
  469  not confidential and exempt for the purpose of calculating
  470  performance measures pursuant to subsection (7).
  471         (f) The program manager and designated support staff, upon
  472  the direction of the program manager or as otherwise authorized
  473  during the program manager’s absence, may access the
  474  prescription drug monitoring program database only to manage the
  475  program or to manage the program database and systems in support
  476  of the requirements of this section or as established by the
  477  department in rule pursuant to subparagraph (2)(c)4. The program
  478  manager, designated program and support staff who act at the
  479  direction of or in the absence of the program manager, and any
  480  individual who has similar access regarding the management of
  481  the database from the prescription drug monitoring program shall
  482  submit fingerprints to the department for background screening.
  483  The department shall follow the procedure established by the
  484  Department of Law Enforcement to request a statewide criminal
  485  history record check and to request that the Department of Law
  486  Enforcement forward the fingerprints to the Federal Bureau of
  487  Investigation for a national criminal history record check.
  488         (g) If the program manager determines a pattern consistent
  489  with the rules established under subparagraph (2)(c)4., the
  490  department may provide:
  491         1. A patient advisory report to an appropriate health care
  492  practitioner; and
  493         2. Relevant information that does not contain personal
  494  identifying information to the applicable law enforcement
  495  agency. A law enforcement agency may use such information to
  496  determine whether an active investigation is warranted.
  497         (h)(e) All transmissions of data required by this section
  498  must comply with relevant state and federal privacy and security
  499  laws and regulations. However, an any authorized agency or
  500  person under s. 893.0551 receiving such information as allowed
  501  by s. 893.0551 may maintain the information received for up to
  502  24 months before purging it from his or her records or maintain
  503  it for longer than 24 months if the information is pertinent to
  504  ongoing health care or an active law enforcement investigation
  505  or prosecution.
  506         (f) The program manager, upon determining a pattern
  507  consistent with the rules established under paragraph (2)(d) and
  508  having cause to believe a violation of s. 893.13(7)(a)8.,
  509  (8)(a), or (8)(b) has occurred, may provide relevant information
  510  to the applicable law enforcement agency.
  511         (7)(8) To assist in fulfilling program responsibilities,
  512  performance measures shall be reported annually to the Governor,
  513  the President of the Senate, and the Speaker of the House of
  514  Representatives by the department each December 1, beginning in
  515  2011. Data that does not contain patient, physician, health care
  516  practitioner, prescriber, or dispenser identifying information
  517  may be requested during the year by department employees so that
  518  the department may undertake public health care and safety
  519  initiatives that take advantage of observed trends. Performance
  520  measures may include, but are not limited to, efforts to achieve
  521  the following outcomes:
  522         (a) Reduction of the rate of inappropriate use of
  523  prescription drugs through department education and safety
  524  efforts.
  525         (b) Reduction of the quantity of pharmaceutical controlled
  526  substances obtained by individuals attempting to engage in fraud
  527  and deceit.
  528         (c) Increased coordination among partners participating in
  529  the prescription drug monitoring program.
  530         (d) Involvement of stakeholders in achieving improved
  531  patient health care and safety and reduction of prescription
  532  drug abuse and prescription drug diversion.
  533         (9) Any person who willfully and knowingly fails to report
  534  the dispensing of a controlled substance as required by this
  535  section commits a misdemeanor of the first degree, punishable as
  536  provided in s. 775.082 or s. 775.083.
  537         (8)(10)Notwithstanding s. 456.025 and subject to the
  538  General Appropriations Act, up to $500,000 of all costs incurred
  539  by the department in administering the prescription drug
  540  monitoring program may shall be funded through funds available
  541  in the Medical Quality Assurance Trust Fund that are related to
  542  the regulation of the practice of pharmacy under chapter 465.
  543  The department also may apply for and receive federal grants or
  544  private funding to fund the prescription drug monitoring program
  545  except that the department may not receive funds provided,
  546  directly or indirectly, by prescription drug manufacturers
  547  applied for or received by the state. The department may not
  548  commit state funds for the monitoring program if such funds are
  549  necessary for the department’s regulation of the practice of
  550  pharmacy under chapter 465 without ensuring funding is
  551  available. The prescription drug monitoring program and the
  552  implementation thereof are contingent upon receipt of the
  553  nonstate funding. The department and state government shall
  554  cooperate with the direct-support organization established
  555  pursuant to subsection (11) in seeking federal grant funds,
  556  other nonstate grant funds, gifts, donations, or other private
  557  moneys for the department if the costs of doing so are not
  558  considered material. Nonmaterial costs for this purpose include,
  559  but are not limited to, the costs of mailing and personnel
  560  assigned to research or apply for a grant. Notwithstanding the
  561  exemptions to competitive-solicitation requirements under s.
  562  287.057(3)(e), the department shall comply with the competitive
  563  solicitation requirements under s. 287.057 for the procurement
  564  of any goods or services required by this section. Funds
  565  provided, directly or indirectly, by prescription drug
  566  manufacturers may not be used to implement the program.
  567         (11) The department may establish a direct-support
  568  organization that has a board consisting of at least five
  569  members to provide assistance, funding, and promotional support
  570  for the activities authorized for the prescription drug
  571  monitoring program.
  572         (a) As used in this subsection, the term “direct-support
  573  organization” means an organization that is:
  574         1. A Florida corporation not for profit incorporated under
  575  chapter 617, exempted from filing fees, and approved by the
  576  Department of State.
  577         2. Organized and operated to conduct programs and
  578  activities; raise funds; request and receive grants, gifts, and
  579  bequests of money; acquire, receive, hold, and invest, in its
  580  own name, securities, funds, objects of value, or other
  581  property, either real or personal; and make expenditures or
  582  provide funding to or for the direct or indirect benefit of the
  583  department in the furtherance of the prescription drug
  584  monitoring program.
  585         (b) The direct-support organization is not considered a
  586  lobbying firm within the meaning of s. 11.045.
  587         (c) The State Surgeon General shall appoint a board of
  588  directors for the direct-support organization. Members of the
  589  board shall serve at the pleasure of the State Surgeon General.
  590  The State Surgeon General shall provide guidance to members of
  591  the board to ensure that moneys received by the direct-support
  592  organization are not received from inappropriate sources.
  593  Inappropriate sources include, but are not limited to, donors,
  594  grantors, persons, or organizations that may monetarily or
  595  substantively benefit from the purchase of goods or services by
  596  the department in furtherance of the prescription drug
  597  monitoring program.
  598         (d) The direct-support organization shall operate under
  599  written contract with the department. The contract must, at a
  600  minimum, provide for:
  601         1. Approval of the articles of incorporation and bylaws of
  602  the direct-support organization by the department.
  603         2. Submission of an annual budget for the approval of the
  604  department.
  605         3. Certification by the department that the direct-support
  606  organization is complying with the terms of the contract in a
  607  manner consistent with and in furtherance of the goals and
  608  purposes of the prescription drug monitoring program and in the
  609  best interests of the state. Such certification must be made
  610  annually and reported in the official minutes of a meeting of
  611  the direct-support organization.
  612         4. The reversion, without penalty, to the state of all
  613  moneys and property held in trust by the direct-support
  614  organization for the benefit of the prescription drug monitoring
  615  program if the direct-support organization ceases to exist or if
  616  the contract is terminated.
  617         5. The fiscal year of the direct-support organization,
  618  which must begin July 1 of each year and end June 30 of the
  619  following year.
  620         6. The disclosure of the material provisions of the
  621  contract to donors of gifts, contributions, or bequests,
  622  including such disclosure on all promotional and fundraising
  623  publications, and an explanation to such donors of the
  624  distinction between the department and the direct-support
  625  organization.
  626         7. The direct-support organization’s collecting, expending,
  627  and providing of funds to the department for the development,
  628  implementation, and operation of the prescription drug
  629  monitoring program as described in this section and s. 2,
  630  chapter 2009-198, Laws of Florida, as long as the task force is
  631  authorized. The direct-support organization may collect and
  632  expend funds to be used for the functions of the direct-support
  633  organization’s board of directors, as necessary and approved by
  634  the department. In addition, the direct-support organization may
  635  collect and provide funding to the department in furtherance of
  636  the prescription drug monitoring program by:
  637         a. Establishing and administering the prescription drug
  638  monitoring program’s electronic database, including hardware and
  639  software.
  640         b. Conducting studies on the efficiency and effectiveness
  641  of the program to include feasibility studies as described in
  642  subsection (13).
  643         c. Providing funds for future enhancements of the program
  644  within the intent of this section.
  645         d. Providing user training of the prescription drug
  646  monitoring program, including distribution of materials to
  647  promote public awareness and education and conducting workshops
  648  or other meetings, for health care practitioners, pharmacists,
  649  and others as appropriate.
  650         e. Providing funds for travel expenses.
  651         f. Providing funds for administrative costs, including
  652  personnel, audits, facilities, and equipment.
  653         g. Fulfilling all other requirements necessary to implement
  654  and operate the program as outlined in this section.
  655         (e) The activities of the direct-support organization must
  656  be consistent with the goals and mission of the department, as
  657  determined by the department, and in the best interests of the
  658  state. The direct-support organization must obtain a written
  659  approval from the department for any activities in support of
  660  the prescription drug monitoring program before undertaking
  661  those activities.
  662         (f) The department may permit, without charge, appropriate
  663  use of administrative services, property, and facilities of the
  664  department by the direct-support organization, subject to this
  665  section. The use must be directly in keeping with the approved
  666  purposes of the direct-support organization and may not be made
  667  at times or places that would unreasonably interfere with
  668  opportunities for the public to use such facilities for
  669  established purposes. Any moneys received from rentals of
  670  facilities and properties managed by the department may be held
  671  in a separate depository account in the name of the direct
  672  support organization and subject to the provisions of the letter
  673  of agreement with the department. The letter of agreement must
  674  provide that any funds held in the separate depository account
  675  in the name of the direct-support organization must revert to
  676  the department if the direct-support organization is no longer
  677  approved by the department to operate in the best interests of
  678  the state.
  679         (g) The department may adopt rules under s. 120.54 to
  680  govern the use of administrative services, property, or
  681  facilities of the department or office by the direct-support
  682  organization.
  683         (h) The department may not permit the use of any
  684  administrative services, property, or facilities of the state by
  685  a direct-support organization if that organization does not
  686  provide equal membership and employment opportunities to all
  687  persons regardless of race, color, religion, gender, age, or
  688  national origin.
  689         (i) The direct-support organization shall provide for an
  690  independent annual financial audit in accordance with s.
  691  215.981. Copies of the audit shall be provided to the department
  692  and the Office of Policy and Budget in the Executive Office of
  693  the Governor.
  694         (j) The direct-support organization may not exercise any
  695  power under s. 617.0302(12) or (16).
  696         (12) A prescriber or dispenser may have access to the
  697  information under this section which relates to a patient of
  698  that prescriber or dispenser as needed for the purpose of
  699  reviewing the patient’s controlled drug prescription history. A
  700  prescriber or dispenser acting in good faith is immune from any
  701  civil, criminal, or administrative liability that might
  702  otherwise be incurred or imposed for receiving or using
  703  information from the prescription drug monitoring program. This
  704  subsection does not create a private cause of action, and a
  705  person may not recover damages against a prescriber or dispenser
  706  authorized to access information under this subsection for
  707  accessing or failing to access such information.
  708         (9)(13) To the extent that funding is provided for such
  709  purpose through federal or private grants or gifts and other
  710  types of available moneys, the department shall study the
  711  feasibility of enhancing the prescription drug monitoring
  712  program for the purposes of public health initiatives and
  713  statistical reporting that respects the privacy of the patient,
  714  the prescriber, and the dispenser. Such a study shall be
  715  conducted in order to further improve the quality of health care
  716  services and safety by improving the prescribing and dispensing
  717  practices for prescription drugs, taking advantage of advances
  718  in technology, reducing duplicative prescriptions and the
  719  overprescribing of prescription drugs, and reducing drug abuse.
  720  The requirements of the National All Schedules Prescription
  721  Electronic Reporting (NASPER) Act are authorized in order to
  722  apply for federal NASPER funding. In addition, the direct
  723  support organization shall provide funding for the department to
  724  conduct training for health care practitioners and other
  725  appropriate persons in using the monitoring program to support
  726  the program enhancements.
  727         (10)(14) A pharmacist, pharmacy, or dispensing health care
  728  practitioner or his or her agent, Before releasing a controlled
  729  substance to any person not known to him or her such dispenser,
  730  the dispenser shall require the person purchasing, receiving, or
  731  otherwise acquiring the controlled substance to present valid
  732  photographic identification or other verification of his or her
  733  identity to the dispenser. If the person does not have proper
  734  identification, the dispenser may verify the validity of the
  735  prescription and the identity of the patient with the prescriber
  736  or his or her authorized agent. Verification of health plan
  737  eligibility through a real-time inquiry or adjudication system
  738  is will be considered to be proper identification. This
  739  subsection does not apply in an institutional setting or to a
  740  long-term care facility, including, but not limited to, an
  741  assisted living facility or a hospital to which patients are
  742  admitted. As used in this subsection, the term “proper
  743  identification” means an identification that is issued by a
  744  state or the Federal Government containing the person’s
  745  photograph, printed name, and signature or a document considered
  746  acceptable under 8 C.F.R. s. 274a.2(b)(1)(v)(A) and (B).
  747         (15) The Agency for Health Care Administration shall
  748  continue the promotion of electronic prescribing by health care
  749  practitioners, health care facilities, and pharmacies under s.
  750  408.0611.
  751         (16) The department shall adopt rules pursuant to ss.
  752  120.536(1) and 120.54 to administer the provisions of this
  753  section, which shall include as necessary the reporting,
  754  accessing, evaluation, management, development, implementation,
  755  operation, and storage of information within the monitoring
  756  program’s system.
  757         Section 2. This act shall take effect July 1, 2014.

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