Bill Amendment: FL S0006 | 2017 | Special Session

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: Public Records/Medical Marijuana Use Registry/Physician Certification for Marijuana and Dispensing/Department of Health

Status: 2017-06-28 - Chapter No. 2017-231, companion bill(s) passed, see SB 8-A (Ch. 2017-232) [S0006 Detail]

Download: Florida-2017-S0006-Senate_Floor_Amendment_659774.html

---

       Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. SB 6-A
       
       
       
       
       
       
                                Ì659774WÎ659774                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Rouson moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 29 - 170
    4  and insert:
    5  information and any timestamped geotagged data held by the
    6  department in the medical marijuana compassionate use registry
    7  established under s. 381.986, including, but not limited to, the
    8  patient’s or caregiver’s name, address, date of birth,
    9  photograph, and telephone number.
   10         (b) All personal identifying information collected for the
   11  purpose of issuing a patient’s or caregiver’s medical marijuana
   12  use registry identification card described in s. 381.896. ,and
   13  government-issued identification number, and
   14         (c) All personal identifying information pertaining to the
   15  physician certification physician’s order for marijuana low-THC
   16  cannabis and the dispensing thereof held by the department,
   17  including, but not limited to, information related to the
   18  patient’s diagnosis, exception requests to the daily dose amount
   19  limit, and the qualified patient’s experience related to the
   20  medical use of marijuana are confidential and exempt from s.
   21  119.07(1) and s. 24(a), Art. I of the State Constitution.
   22         (d)(2) A qualified physician’s identifying information Drug
   23  Enforcement Administration number, residential held by the
   24  department in the compassionate use registry established under
   25  s. 381.986, including, but not limited to, the physician’s name,
   26  address, and telephone number, government-issued identification
   27  card number, and Drug Enforcement Administration number, and all
   28  information pertaining to the physician’s order for low-THC
   29  cannabis and the dispensing thereof are confidential and exempt
   30  from s. 119.07(1) and s. 24(a), Art. I of the State
   31  Constitution.
   32         (2)(3) The department shall allow access to the
   33  confidential and exempt information in the medical marijuana use
   34  registry, including access to confidential and exempt
   35  information, to:
   36         (a) A law enforcement agency that is investigating a
   37  violation of law regarding marijuana cannabis in which the
   38  subject of the investigation claims an exception established
   39  under s. 381.986, except for information related to the
   40  patient’s diagnosis.
   41         (b) A medical marijuana treatment center dispensing
   42  organization approved by the department pursuant to s. 381.986
   43  which is attempting to verify the authenticity of a physician
   44  certification physician’s order for marijuana low-THC cannabis,
   45  including whether the certification order had been previously
   46  filled and whether the certification order was issued written
   47  for the person attempting to have it filled, except for
   48  information related to the patient’s diagnosis.
   49         (c) A physician who has issued a certification for
   50  marijuana written an order for low-THC cannabis for the purpose
   51  of monitoring the patient’s use of such marijuana cannabis or
   52  for the purpose of determining, before issuing a certification
   53  for marijuana an order for low-THC cannabis, whether another
   54  physician has issued a certification for ordered the patient’s
   55  use of marijuana low-THC cannabis. The physician may access the
   56  confidential and exempt information only for the patient for
   57  whom he or she has issued a certification ordered or is
   58  determining whether to issue a certification for order the use
   59  of marijuana low-THC cannabis pursuant to s. 381.986.
   60         (d) A practitioner licensed to prescribe prescription
   61  medications to ensure proper care of a patient before
   62  prescribing medication to that patient which may interact with
   63  marijuana.
   64         (e)(d) An employee of the department for the purposes of
   65  maintaining the registry and periodic reporting or disclosure of
   66  information that has been redacted to exclude personal
   67  identifying information.
   68         (f) An employee of the department for the purposes of
   69  reviewing physician registration and the issuance of physician
   70  certifications to monitor practices that could facilitate
   71  unlawful diversion or the misuse of marijuana or a marijuana
   72  delivery device.
   73         (g)(e) The department’s relevant health care regulatory
   74  boards responsible for the licensure, regulation, or discipline
   75  of a physician if he or she is involved in a specific
   76  investigation of a violation of s. 381.986. If a health care
   77  regulatory board’s investigation reveals potential criminal
   78  activity, the board may provide any relevant information to the
   79  appropriate law enforcement agency.
   80         (h) The Coalition for Medical Marijuana Research and
   81  Education established in s. 1004.4351(4).
   82         (i)(f) A person engaged in bona fide research if the person
   83  agrees:
   84         1. To submit a research plan to the department which
   85  specifies the exact nature of the information requested and the
   86  intended use of the information;
   87         2. To maintain the confidentiality of the records or
   88  information if personal identifying information is made
   89  available to the researcher;
   90         3. To destroy any confidential and exempt records or
   91  information obtained after the research is concluded; and
   92         4. Not to contact, directly or indirectly, for any purpose,
   93  a patient or physician whose information is in the registry.
   94         (3) The department shall allow access to the confidential
   95  and exempt information pertaining to the physician certification
   96  for marijuana and the dispensing thereof, whether in the
   97  registry or otherwise held by the department, to:
   98         (a) An employee of the department for the purpose of
   99  approving or disapproving a request for an exception to the
  100  daily dose amount limit for a qualified patient; and
  101         (b) The Coalition for Medical Marijuana Research and
  102  Education pursuant to s. 381.986 for the purpose of conducting
  103  research regarding the medical use of marijuana.
  104         (4) All information released by the department from the
  105  registry under subsections subsection (2) and (3) remains
  106  confidential and exempt, and a person who receives access to
  107  such information must maintain the confidential and exempt
  108  status of the information received.
  109         (5) A person who willfully and knowingly violates this
  110  section commits a felony of the third degree, punishable as
  111  provided in s. 775.082 or, s. 775.083, or s. 775.084.
  112         (6) This section is subject to the Open Government Sunset
  113  Review Act in accordance with s. 119.15 and shall stand repealed
  114  on October 2, 2022 2019, unless reviewed and saved from repeal
  115  through reenactment by the Legislature.
  116         Section 2. The Legislature finds that it is a public
  117  necessity that personal identifying information of patients,
  118  caregivers, and physicians, and timestamped geotagged data,
  119  including the name, residential address, date of birth,
  120  photograph, telephone number, government-issued identification
  121  card, Drug Enforcement Administration number, and other personal
  122  identifying information collected for purposes of issuing a
  123  medical marijuana use registry identification card issued under
  124  s. 381.986, Florida Statutes, held by the Department of Health
  125  in the medical marijuana use registry established under s.
  126  381.986, Florida Statutes, be made confidential and exempt from
  127  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
  128  State Constitution. The Legislature further finds that it is a
  129  public necessity to make confidential and exempt from s.
  130  119.07(1), Florida Statutes, and s. 24(a), Article I of the
  131  State Constitution all personal identifying information,
  132  including but not limited to information related to the
  133  qualified patient’s diagnosis, exception requests to the daily
  134  dose amount limit, and the qualified patient’s experience
  135  related to the medical use of marijuana, held in the medical
  136  marijuana use registry or by the department which pertains to a
  137  physician certification for marijuana and the dispensing thereof
  138  pursuant to s. 381.986, Florida Statutes. The choice made by a
  139  physician to certify, and by his or her patient to use,
  140  marijuana to treat the patient’s medical condition or symptoms
  141  and the choice made by a caregiver to assist a qualifying
  142  patient with the medical use of marijuana is a personal and
  143  private matter between such parties. The availability of such
  144  information could make the public aware of both the patient’s
  145  and caregiver’s location, the patient’s use of marijuana, and
  146  the patient’s diseases or other medical conditions for which the
  147  patient is using marijuana. The knowledge of the patient’s and
  148  the caregiver’s location, the patient’s use of marijuana, the
  149  knowledge that