Bill Text: FL S0862 | 2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Prescription Drug Monitoring
Spectrum: Committee Bill
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-Introduced.html
Bill Title: Prescription Drug Monitoring
Spectrum: Committee Bill
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-Introduced.html
Florida Senate - 2014 SB 862 By the Committee on Health Policy 588-01653A-14 2014862__ 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; requiring a law enforcement 8 agency to submit a court order as a condition of 9 direct access to information in the program; requiring 10 that the court order be predicated upon a showing of 11 reasonable suspicion of criminal activity, fraud, or 12 theft regarding prescribed controlled substances; 13 providing that the court order may be issued without 14 notice to the affected patients, subscribers, or 15 dispensers; authorizing the department to provide 16 relevant information that does not contain personal 17 identifying information if the program manager 18 determines a specified pattern exists; authorizing the 19 department to provide a patient advisory report to any 20 appropriate health care practitioner if the program 21 manager determines a specified pattern exists; 22 authorizing the law enforcement agency to use such 23 information to support a court order; authorizing the 24 department to fund the program with up to $500,000 of 25 funds generated under ch. 465, F.S.; authorizing the 26 department to seek federal or private funds to support 27 the program; repealing language creating a direct 28 support organization to fund the program; deleting 29 obsolete provisions; providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Section 893.055, Florida Statutes, is amended to 34 read: 35 893.055 Prescription drug monitoring program.— 36 (1) As used in this section, the term: 37 (a) “Patient advisory report” or “advisory report” means 38 information provided by the departmentin writing, or as39determined by the department,to a prescriber, dispenser, 40 pharmacy, or patient concerning the dispensing of controlled 41 substances.AllAdvisory reports are for informational purposes 42 only and do not impose any obligationno obligations of any43natureoranylegal duty on a prescriber, dispenser, pharmacy, 44 or patient. An advisory reportThe patient advisory report shall45be provided in accordance with s. 893.13(7)(a)8.Theadvisory46reportsissued by the department isarenot subject to discovery 47 or introduction into evidence in aanycivil or administrative 48 action against a prescriber, dispenser, pharmacy, or patient 49 arising out of matters that are the subject of the report. A 50 department employee;and a personwho participates in preparing, 51 reviewing, issuing, or any other activity related to an advisory 52 report ismaynot allowedbe permittedor required to testify in 53 any such civil action as to any findings, recommendations, 54 evaluations, opinions, or other actions taken in connection with 55 preparing, reviewing, or issuing such a report. 56 (b) “Controlled substance” means a controlled substance 57 listed in Schedule II, Schedule III, or Schedule IV in s. 58 893.03. 59 (c) “Dispenser” means a pharmacy, dispensing pharmacist, or 60 dispensing health care practitioner, and includes a pharmacy, 61 dispensing pharmacist, or health care practitioner that is not 62 located in this state but is otherwise subject to the 63 jurisdiction of this state as to a particular dispensing 64 transaction. 65 (d) “Health care practitioner” or “practitioner” means a 66anypractitioner who is subject to licensure or regulation by 67 the department under chapter 458, chapter 459, chapter 461, 68 chapter 462, chapter 463, chapter 464, chapter 465, or chapter 69 466. 70 (e) “Health care regulatory board” means aanyboard for a 71 practitioner or health care practitioner who is licensed or 72 regulated by the department. 73 (f) “Pharmacy” means aanypharmacy that is subject to 74 licensure or regulation by the department under chapter 465 and 75 that dispenses or delivers a controlled substance to an 76 individual or address in this state. 77 (g) “Prescriber” means a prescribing physician, prescribing 78 practitioner, or other prescribing health care practitioner. 79 (h) “Active investigation” means an investigation that is 80 being conducted with a reasonable, good faith belief that it 81 willcouldlead to the filing of administrative, civil, or 82 criminal proceedings,or an investigation that is ongoing and 83 continuing and for which there is a reasonable, good faith 84 anticipation of securing an arrest or prosecution in the 85 foreseeable future. 86 (i) “Law enforcement agency” means the Department of Law 87 Enforcement, a Florida sheriff’s department, a Florida police 88 department, or a law enforcement agency of the Federal 89 Government which enforces the laws of this state or the United 90 States relating to controlled substances, and whosewhich its91 agents and officers are empowered by law to conduct criminal 92 investigations and make arrests. 93 (j) “Program manager” means an employee of or a person 94 contracted by the Department of Health who is designated to 95 ensure the integrity of the prescription drug monitoring program 96 in accordance with the requirements established in paragraphs 97 (2)(a) and (b). 98 (k) “Dispense” or “dispensing” means the transfer of 99 possession of one or more doses of a medicinal drug by a health 100 care practitioner to the ultimate consumer or to the ultimate 101 consumer’s agent, including, but not limited to, a transaction 102 with a dispenser pursuant to chapter 465 and a dispensing 103 transaction to an individual or address in this state with a 104 dispenser that is located outside this state but is otherwise 105 subject to the jurisdiction of this state as to that dispensing 106 transaction. 107 (2)(a) The department shall maintaindesign and establisha 108 comprehensive electronic database system in order to collect and 109 store specified information from dispensedthat hascontrolled 110 substance prescriptions and shall release information to 111 authorized recipients in accordance with subsection (6) and s. 112 893.0551provided to it and that provides prescription113information to a patient’s health care practitioner and114pharmacist who inform the department that they wish the patient115advisory report provided to them.Otherwise, the patient116advisory report will not be sent to the practitioner, pharmacy,117or pharmacist.The system mustshallbe designed to provide118information regarding dispensed prescriptions of controlled119substances and shallnot infringe upon the legitimate 120 prescribing or dispensing of a controlled substance by a 121 prescriber or dispenser acting in good faith and in the course 122 of professional practice and must. The system shallbe 123 consistent with standards of the American Society for Automation 124 in Pharmacy (ASAP). Theelectronicsystem mustshallalso comply 125 with the Health Insurance Portability and Accountability Act 126 (HIPAA) as it pertains to protected health information (PHI), 127 electronic protected health information (EPHI), andallother 128 relevant state and federal privacy and security laws and 129 regulations.The department shall establish policies and130procedures as appropriate regarding the reporting, accessing the131database, evaluation, management, development, implementation,132operation, storage, and security of information within the133system.The reporting of prescribed controlled substances shall134include a dispensing transaction with a dispenser pursuant to135chapter 465 or through a dispensing transaction to an individual136or address in this state with a pharmacy that is not located in137this state but that is otherwise subject to the jurisdiction of138this state as to that dispensing transaction.The reporting of139patient advisory reports refers only to reports to patients,140pharmacies, and practitioners. Separate reports that contain141patient prescription history information and that are not142patient advisory reports are provided to persons and entities as143authorized in paragraphs (7)(b) and (c) and s. 893.0551.144 (b) The department shall maintain the electronic system so 145 that a patient’s health care practitioner or pharmacist is able 146 to receive a patient advisory report upon request, when the147direct support organization receives at least $20,000 in148nonstate moneys or the state receives at least $20,000 in149federal grants for the prescription drug monitoring program,150shall adopt rules as necessary concerning the reporting,151accessing the database, evaluation, management, development,152implementation, operation, security, and storage of information153within the system, including rules for when patient advisory154reports are provided to pharmacies and prescribers.The patient155advisory report shall be provided in accordance with s.156893.13(7)(a)8. The department shall work with the professional157health care licensure boards, such as the Board of Medicine, the158Board of Osteopathic Medicine, and the Board of Pharmacy; other159appropriate organizations, such as the Florida Pharmacy160Association, the Florida Medical Association, the Florida Retail161Federation, and the Florida Osteopathic Medical Association,162including those relating to pain management; and the Attorney163General, the Department of Law Enforcement, and the Agency for164Health Care Administration to develop rules appropriate for the165prescription drug monitoring program.166 (c) The department shall: 167 1. Establish policies and procedures and adopt rules 168 necessary to provide for access to and evaluation, management, 169 and operation of the electronic system. 170 2. Establish policies and procedures and adopt rules 171 necessary to provide for the reporting, storage, and security of 172 information within the electronic system, including: 173 a. Any additional information, other than the information 174 listed in subsection (3), which must be reported to the system. 175 b. The process by which dispensers must provide the 176 required information concerning each controlled substance that 177 it has dispensed in a secure methodology and format. Such 178 approved formats may include, but are not limited to, submission 179 via the Internet, on a disc, or by use of regular mail. 180 c. The process by which the department may approve an 181 extended period of time for a dispenser to report a dispensed 182 prescription to the system. 183 d. Procedures providing for reporting during a state 184 declared or nationally declared disaster. 185 e. Procedures for determining when a patient advisory 186 report is required to be provided to a pharmacy or prescriber. 187 f. Procedures for determining whether a request for 188 information under paragraph (6)(b) is authentic and authorized 189 by the requesting agency. 190 3. Cooperate with professional health care licensure 191 boards, such as the Board of Medicine, the Board of Osteopathic 192 Medicine, and the Board of Pharmacy; other appropriate 193 organizations, such as the Florida Pharmacy Association, the 194 Florida Medical Association, the Florida Retail Federation, the 195 Florida Osteopathic Medical Association, and those relating to 196 pain management; and the Attorney General, the Department of Law 197 Enforcement, and the Agency for Health Care Administration to 198 develop rules appropriate for the prescription drug monitoring 199 programAll dispensers and prescribers subject to these200reporting requirements shall be notified by the department of201the implementation date for such reporting requirements. 202 4.(d)CooperateThe program manager shallworkwith 203 professional health care licensure boards and the stakeholders 204 listed in subparagraph 3.paragraph (b)to develop rules 205 appropriate for identifying indicators of controlled substance 206 abuse. 207 (3) The dispenser ofThe pharmacy dispensingthe controlled208substance and each prescriber who directly dispensesa 209 controlled substance shall submit to the electronic system, by a 210 procedure and in a format established by the department and 211 consistent with an ASAP-approved format, the following 212 information for each prescription dispensedinclusion in the213database: 214 (a) The name of the prescribing practitioner, the 215 practitioner’s federal Drug Enforcement Administration 216 registration number, the practitioner’s National Provider 217 Identification (NPI) or other appropriate identifier, and the 218 date of the prescription. 219 (b) The date the prescription was filled and the method of 220 payment, such as cash by an individual, insurance coverage 221 through a third party, or Medicaid payment. This paragraph does 222 not authorize the department to include individual credit card 223 numbers or other account numbers in the database. 224 (c) The full name, address, and date of birth of the person 225 for whom the prescription was written. 226 (d) The name, national drug code, quantity, and strength of 227 the controlled substance dispensed. 228 (e) The full name, federal Drug Enforcement Administration 229 registration number, and address of the pharmacy or other 230 location from which the controlled substance was dispensed. If 231 the controlled substance was dispensed by a practitioner other 232 than a pharmacist, the practitioner’s full name, federal Drug 233 Enforcement Administration registration number, and address. 234 (f) The name of the pharmacy or practitioner, other than a 235 pharmacist, dispensing the controlled substance and the 236 practitioner’s National Provider Identification (NPI). 237 (g) Other appropriate identifying information as determined 238 by department rule. 239 (4) Each time a controlled substance is dispensed to an 240 individual, the information specified in subsection (3) 241controlled substanceshall be reported by the dispenser to the 242 department through the system using a department-approved 243 process as soon thereafter as possible, but not more than 7 days 244 after the date the controlled substance is dispensed unless an 245 extension is approved by the department. Costs to the dispenser 246 for submitting the information required by this section may not 247 be material or extraordinary. Costs not considered to be 248 material or extraordinary include, but are not limited to, 249 regular postage, electronic media, regular electronic mail, and 250 facsimile charges. A person who willfully and knowingly fails to 251 report the dispensing of a controlled substance as required by 252 this section commits a misdemeanor of the first degree, 253 punishable as provided in s. 775.082 or s. 775.083for cause as254determined byrule.A dispenser must meet the reporting255requirements of this section byproviding the required256information concerning each controlled substance that it257dispensed in a department-approved, secure methodology and258format. Such approved formats may include, but are not limited259to, submission via the Internet, on a disc, or by use of regular260.261 (5)When the following acts of dispensing or administering262occur,The following acts are exempt from the reportingunder263 requirements of this sectionfor that specific actof dispensing264or administration: 265 (a) The administration ofA health care practitioner when266administeringa controlled substance directly to a patient by a 267 health care practitioner if the amount of the controlled 268 substance is adequate to treat the patient during that 269 particular treatment session. 270 (b) The administration ofA pharmacist or health care271practitioner when administeringa controlled substance by a 272 health care practitioner to a patient or resident receiving care 273 as a patient at a hospital, nursing home, ambulatory surgical 274 center, hospice, or intermediate care facility for the 275 developmentally disabled which is licensed in this state. 276 (c) The administration or dispensing ofA practitioner when277administering or dispensinga controlled substance by a health 278 care practitioner withininthe health care system of the 279 Department of Corrections. 280 (d) The administration ofA practitioner when administering281 a controlled substance by a health care practitioner in the 282 emergency room of a licensed hospital. 283 (e) The administration or dispensing ofA health care284practitioner when administering or dispensinga controlled 285 substance by a health care practitioner to a person under the 286 age of 16. 287 (f) TheA pharmacist or a dispensing practitioner when288 dispensing of a one-time, 72-hour emergency resupply of a 289 controlled substance by a dispenser to a patient. 290 (6) Confidential and exempt information in the prescription 291 drug monitoring program’s database may be released only as 292 provided in this subsection and s. 893.0551The department may293establish when to suspend and when to resume reporting294information during a state-declared or nationally declared295disaster. 296(7)(a) A practitioner or pharmacist who dispenses a297controlled substance must submit the information required by298this section in an electronic or other method in an ASAP format299approved by rule of the department unless otherwise provided in300this section. The cost to the dispenser in submitting the301information required by this section may not be material or302extraordinary. Costs not considered to be material or303extraordinary include, but are not limited to, regular postage,304electronic media, regular electronic mail, and facsimile305charges.306 (a)(b)A pharmacy, prescriber, or dispenser shall have 307 access to information in the prescription drug monitoring 308 program’s database which relates to a patient of that pharmacy, 309 prescriber, or dispenser in a manner established by the 310 department as needed for the purpose of reviewing the patient’s 311 controlled substance prescription history. A prescriber or 312 dispenser acting in good faith is immune from any civil, 313 criminal, or administrative liability that might otherwise be 314 incurred or imposed for receiving or using information from the 315 prescription drug monitoring program. This subsection does not 316 create a private cause of action, and a person may not recover 317 damages against a prescriber or dispenser authorized to access 318 information under this subsection for accessing or failing to 319 access such informationOther access to the program’s database320shall be limited to the program’s manager and to the designated321program and support staff, who may act only at the direction of322the program manager or, in the absence of the program manager,323as authorized.Access by the program manager or such designated324staff is for prescription drug program management only or for325management of the program’s database and its system in support326of the requirements of this section and in furtherance of the327prescription drug monitoring program.Confidential and exempt328information in the database shall be released only as provided329in paragraph (c) and s. 893.0551.The program manager,330designated program and support staff who act at the direction of331or in the absence of the program manager, and any individual who332has similar access regarding the management of the database from333the prescription drug monitoring program shall submit334fingerprints to the department for background screening. The335department shall follow the procedure established by the336Department of Law Enforcement to request a statewide criminal337history record check and to request that the Department of Law338Enforcement forward the fingerprints to the Federal Bureau of339Investigation for a national criminal history record check.340 (b)(c)The following entities areshallnotbeallowed 341 direct access to information in the prescription drug monitoring 342 program database but may request from the program manager and, 343 when authorized by the program manager, the program manager’s 344 program and support staff, information that is confidential and 345 exempt under s. 893.0551. BeforePrior torelease, the request 346 by the following entities shall be verified as authentic and 347 authorized with the requesting organization by the program 348 manager or,the program manager’s program and support staff, or349as determined in rules by the department as being authentic and350as having been authorized by the requesting entity: 351 1. The department or its relevant health care regulatory 352 boards responsible for the licensure, regulation, or discipline 353 of practitioners, pharmacists, or other persons who are 354 authorized to prescribe, administer, or dispense controlled 355 substances and who are involved in a specific controlled 356 substance investigation involving a designated person for one or 357 more prescribed controlled substances. 358 2. The Attorney General for Medicaid fraud cases involving 359 prescribed controlled substances. 360 3. A law enforcement agency during active investigations 361 and pursuant to the submission of a court order issued by a 362 court of competent jurisdiction upon a showing of reasonable 363 suspicion ofregardingpotential criminal activity, fraud, or 364 theft regarding prescribed controlled substances. The court 365 order may be issued without notice to the affected patients, 366 prescribers, or dispensers. 367 4. A patient or the legal guardian or designated health 368 care surrogate of an incapacitated patient as described in s. 369 893.0551 who, for the purpose of verifying the accuracy of the 370 database information, submits a written and notarized request 371 that includes the patient’s full name, address, and date of 372 birth, and includes the same information if the legal guardian373or health care surrogate submits the request. If the patient’s 374 legal guardian or health care surrogate is the requestor, the 375 request shall be validated by the department to verify the 376 identity of the patient and the legal guardian or health care 377 surrogate, if the patient’s legal guardian or health care378surrogate is the requestor. Such verification is also required 379 for any request to change a patient’s prescription history or 380 other information related to his or her information in the 381 electronic database. 382 383 Information in or released from the prescription drug monitoring 384 program databasefor the electronic prescription drug monitoring385systemis not discoverable or admissible in any civil or 386 administrative action,except in an investigation and 387 disciplinary proceeding by the department or the appropriate 388 regulatory board. 389 (c)(d)Other than the program manager and his or her 390 program or support staff as authorized in paragraph (d), 391 department staff are,for the purpose of calculating performance392measures pursuant to subsection (8),shallnotbeallowed direct 393 access to information in the prescription drug monitoring 394 program database but may request from the program manager and, 395 when authorized by the program manager, the program manager’s 396 program and support staff, information that does not contain 397contains noidentifying information of any patient, physician, 398 health care practitioner, prescriber, or dispenser and that is 399 not confidential and exempt for the purpose of calculating 400 performance measures pursuant to subsection (7). 401 (d) The program manager and designated support staff, upon 402 the direction of the program manager or as otherwise authorized 403 during the program manager’s absence, may access the 404 prescription drug monitoring program database only to manage the 405 program or to manage the program database and systems in support 406 of the requirements of this section or as established by the 407 department in rule pursuant to subparagraph (2)(c)4. The program 408 manager, designated program and support staff who act at the 409 direction of or in the absence of the program manager, and any 410 individual who has similar access regarding the management of 411 the database from the prescription drug monitoring program shall 412 submit fingerprints to the department for background screening. 413 The department shall follow the procedure established by the 414 Department of Law Enforcement to request a statewide criminal 415 history record check and to request that the Department of Law 416 Enforcement forward the fingerprints to the Federal Bureau of 417 Investigation for a national criminal history record check. 418 (e) If the program manager determines a pattern consistent 419 with the rules established under subparagraph (2)(c)4., the 420 department may provide: 421 1. A patient advisory report to an appropriate health care 422 practitioner; and 423 2. Relevant information that does not contain personal 424 identifying information to the applicable law enforcement 425 agency. A law enforcement agency may use such information to 426 support a court order pursuant to subparagraph (b)3. 427 (f)(e)All transmissions of data required by this section 428 must comply with relevant state and federal privacy and security 429 laws and regulations. However, ananyauthorized agency or 430 person under s. 893.0551 receiving such information as allowed 431 by s. 893.0551 may maintain the information received for up to 432 24 months before purging it from his or her records or maintain 433 it for longer than 24 months if the information is pertinent to 434 ongoing health care or an active law enforcement investigation 435 or prosecution. 436(f) The program manager, upon determining a pattern437consistent with the rules established under paragraph (2)(d) and438having cause to believe a violation of s. 893.13(7)(a)8.,439(8)(a), or (8)(b) has occurred, may provide relevant information440to the applicable law enforcement agency.441 (7)(8)To assist in fulfilling program responsibilities, 442 performance measures shall be reported annually to the Governor, 443 the President of the Senate, and the Speaker of the House of 444 Representatives by the department each December 1, beginning in4452011. Data that does not contain patient, physician, health care 446 practitioner, prescriber, or dispenser identifying information 447 may be requested during the year by department employees so that 448 the department may undertake public health care and safety 449 initiatives that take advantage of observed trends. Performance 450 measures may include, but are not limited to, efforts to achieve 451 the following outcomes: 452 (a) Reduction of the rate of inappropriate use of 453 prescription drugs through department education and safety 454 efforts. 455 (b) Reduction of the quantity of pharmaceutical controlled 456 substances obtained by individuals attempting to engage in fraud 457 and deceit. 458 (c) Increased coordination among partners participating in 459 the prescription drug monitoring program. 460 (d) Involvement of stakeholders in achieving improved 461 patient health care and safety and reduction of prescription 462 drug abuse and prescription drug diversion. 463(9) Any person who willfully and knowingly fails to report464the dispensing of a controlled substance as required by this465section commits a misdemeanor of the first degree, punishable as466provided in s. 775.082 or s. 775.083.467 (8)(10)Notwithstanding s. 456.025 and subject to the 468 General Appropriations Act, up to $500,000 ofallcosts incurred 469 by the department in administering the prescription drug 470 monitoring program mayshallbe funded through funds available 471 in the Medical Quality Assurance Trust Fund that are related to 472 the regulation of the practice of pharmacy under chapter 465. 473 The department also may apply for and receive federal grants or 474 private funding to fund the prescription drug monitoring program 475 except that the department may not receive funds provided, 476 directly or indirectly, by prescription drug manufacturers 477applied for or received by the state. The department may not 478 commit state funds for the monitoring program if such funds are 479 necessary for the department’s regulation of the practice of 480 pharmacy under chapter 465without ensuring funding is481available.The prescription drug monitoring program and the482implementation thereof are contingent upon receipt of the483nonstate funding. The department and state government shall484cooperate with the direct-support organization established485pursuant to subsection (11) in seeking federal grant funds,486other nonstate grant funds, gifts, donations, or other private487moneys for the department if the costs of doing so are not488considered material. Nonmaterial costs for this purpose include,489but are not limited to, the costs of mailing and personnel490assigned to research or apply for a grant.Notwithstanding the 491 exemptions to competitive-solicitation requirements under s. 492 287.057(3)(e), the department shall comply with the competitive 493 solicitation requirements under s. 287.057 for the procurement 494 of any goods or services required by this section.Funds495provided, directly or indirectly, by prescription drug496manufacturers may not be used to implement the program.497(11) The department may establish a direct-support498organization that has a board consisting of at least five499members to provide assistance, funding, and promotional support500for the activities authorized for the prescription drug501monitoring program.502(a) As used in this subsection, the term “direct-support503organization” means an organization that is:5041. A Florida corporation not for profit incorporated under505chapter 617, exempted from filing fees, and approved by the506Department of State.5072. Organized and operated to conduct programs and508activities; raise funds; request and receive grants, gifts, and509bequests of money; acquire, receive, hold, and invest, in its510own name, securities, funds, objects of value, or other511property, either real or personal; and make expenditures or512provide funding to or for the direct or indirect benefit of the513department in the furtherance of the prescription drug514monitoring program.515(b) The direct-support organization is not considered a516lobbying firm within the meaning of s. 11.045.517(c) The State Surgeon General shall appoint a board of518directors for the direct-support organization. Members of the519board shall serve at the pleasure of the State Surgeon General.520The State Surgeon General shall provide guidance to members of521the board to ensure that moneys received by the direct-support522organization are not received from inappropriate sources.523Inappropriate sources include, but are not limited to, donors,524grantors, persons, or organizations that may monetarily or525substantively benefit from the purchase of goods or services by526the department in furtherance of the prescription drug527monitoring program.528(d) The direct-support organization shall operate under529written contract with the department. The contract must, at a530minimum, provide for:5311. Approval of the articles of incorporation and bylaws of532the direct-support organization by the department.5332. Submission of an annual budget for the approval of the534department.5353. Certification by the department that the direct-support536organization is complying with the terms of the contract in a537manner consistent with and in furtherance of the goals and538purposes of the prescription drug monitoring program and in the539best interests of the state. Such certification must be made540annually and reported in the official minutes of a meeting of541the direct-support organization.5424. The reversion, without penalty, to the state of all543moneys and property held in trust by the direct-support544organization for the benefit of the prescription drug monitoring545program if the direct-support organization ceases to exist or if546the contract is terminated.5475. The fiscal year of the direct-support organization,548which must begin July 1 of each year and end June 30 of the549following year.5506. The disclosure of the material provisions of the551contract to donors of gifts, contributions, or bequests,552including such disclosure on all promotional and fundraising553publications, and an explanation to such donors of the554distinction between the department and the direct-support555organization.5567. The direct-support organization’s collecting, expending,557and providing of funds to the department for the development,558implementation, and operation of the prescription drug559monitoring program as described in this section and s. 2,560chapter 2009-198, Laws of Florida, as long as the task force is561authorized. The direct-support organization may collect and562expend funds to be used for the functions of the direct-support563organization’s board of directors, as necessary and approved by564the department. In addition, the direct-support organization may565collect and provide funding to the department in furtherance of566the prescription drug monitoring program by:567a. Establishing and administering the prescription drug568monitoring program’s electronic database, including hardware and569software.570b. Conducting studies on the efficiency and effectiveness571of the program to include feasibility studies as described in572subsection (13).573c. Providing funds for future enhancements of the program574within the intent of this section.575d. Providing user training of the prescription drug576monitoring program, including distribution of materials to577promote public awareness and education and conducting workshops578or other meetings, for health care practitioners, pharmacists,579and others as appropriate.580e. Providing funds for travel expenses.581f. Providing funds for administrative costs, including582personnel, audits, facilities, and equipment.583g. Fulfilling all other requirements necessary to implement584and operate the program as outlined in this section.585(e) The activities of the direct-support organization must586be consistent with the goals and mission of the department, as587determined by the department, and in the best interests of the588state. The direct-support organization must obtain a written589approval from the department for any activities in support of590the prescription drug monitoring program before undertaking591those activities.592(f) The department may permit, without charge, appropriate593use of administrative services, property, and facilities of the594department by the direct-support organization, subject to this595section. The use must be directly in keeping with the approved596purposes of the direct-support organization and may not be made597at times or places that would unreasonably interfere with598opportunities for the public to use such facilities for599established purposes. Any moneys received from rentals of600facilities and properties managed by the department may be held601in a separate depository account in the name of the direct602support organization and subject to the provisions of the letter603of agreement with the department. The letter of agreement must604provide that any funds held in the separate depository account605in the name of the direct-support organization must revert to606the department if the direct-support organization is no longer607approved by the department to operate in the best interests of608the state.609(g) The department may adopt rules under s. 120.54 to610govern the use of administrative services, property, or611facilities of the department or office by the direct-support612organization.613(h) The department may not permit the use of any614administrative services, property, or facilities of the state by615a direct-support organization if that organization does not616provide equal membership and employment opportunities to all617persons regardless of race, color, religion, gender, age, or618national origin.619(i) The direct-support organization shall provide for an620independent annual financial audit in accordance with s.621215.981. Copies of the audit shall be provided to the department622and the Office of Policy and Budget in the Executive Office of623the Governor.624(j) The direct-support organization may not exercise any625power under s. 617.0302(12) or (16).626(12) A prescriber or dispenser may have access to the627information under this section which relates to a patient of628that prescriber or dispenser as needed for the purpose of629reviewing the patient’s controlled drug prescription history. A630prescriber or dispenser acting in good faith is immune from any631civil, criminal, or administrative liability that might632otherwise be incurred or imposed for receiving or using633information from the prescription drug monitoring program. This634subsection does not create a private cause of action, and a635person may not recover damages against a prescriber or dispenser636authorized to access information under this subsection for637accessing or failing to access such information.638 (9)(13)To the extent that funding is provided for such 639 purpose through federal or private grants or gifts and other 640 types of available moneys, the department shall study the 641 feasibility of enhancing the prescription drug monitoring 642 program for the purposes of public health initiatives and 643 statistical reporting that respects the privacy of the patient, 644 the prescriber, and the dispenser. Such a study shall be 645 conducted in order to further improve the quality of health care 646 services and safety by improving the prescribing and dispensing 647 practices for prescription drugs, taking advantage of advances 648 in technology, reducing duplicative prescriptions and the 649 overprescribing of prescription drugs, and reducing drug abuse. 650 The requirements of the National All Schedules Prescription 651 Electronic Reporting (NASPER) Act are authorized in order to 652 apply for federal NASPER funding.In addition, the direct653support organization shall provide funding for the department to654conduct training for health care practitioners and other655appropriate persons in using the monitoring program to support656the program enhancements.657 (10)(14) A pharmacist, pharmacy, or dispensing health care658practitioner or his or her agent,Before releasing a controlled 659 substance to any person not known to him or hersuchdispenser, 660 the dispenser shall require the person purchasing, receiving, or 661 otherwise acquiring the controlled substance to present valid 662 photographic identification or other verification of his or her 663 identityto the dispenser. If the person does not have proper 664 identification, the dispenser may verify the validity of the 665 prescription and the identity of the patient with the prescriber 666 or his or her authorized agent. Verification of health plan 667 eligibility through a real-time inquiry or adjudication system 668 iswill beconsidered to be proper identification. This 669 subsection does not apply in an institutional setting or to a 670 long-term care facility, including, but not limited to, an 671 assisted living facility or a hospital to which patients are 672 admitted. As used in this subsection, the term “proper 673 identification” means an identification that is issued by a 674 state or the Federal Government containing the person’s 675 photograph, printed name, and signature or a document considered 676 acceptable under 8 C.F.R. s. 274a.2(b)(1)(v)(A) and (B). 677(15) The Agency for Health Care Administration shall678continue the promotion of electronic prescribing by health care679practitioners, health care facilities, and pharmacies under s.680408.0611.681(16) The department shall adopt rules pursuant to ss.682120.536(1) and 120.54 to administer the provisions of this683section, which shall include as necessary the reporting,684accessing, evaluation, management, development, implementation,685operation, and storage of information within the monitoring686program’s system.687 Section 2. This act shall take effect July 1, 2014.