Bill Text: FL S0616 | 2010 | Regular Session | Introduced

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Bill Title: Prescription Drug Monitoring Program [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Health Regulation [S0616 Detail]

Download: Florida-2010-S0616-Introduced.html

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Florida Senate - 2010                                     SB 616 
 
By Senator Ring 
32-00404-10                                            2010616__ 
1                        A bill to be entitled 
2         An act relating to the prescription drug monitoring 
3         program; amending ss. 893.055 and 893.0551, F.S.; 
4         requiring that the confidential and exempt information 
5         in the program database which is disclosed to the 
6         Attorney General or a law enforcement agency by the 
7         Department of Health be disclosed pursuant to a search 
8         warrant based upon probable cause; providing an 
9         effective date. 
10 
11  Be It Enacted by the Legislature of the State of Florida: 
12 
13         Section 1. Paragraph (c) of subsection (7) of section 
14  893.055, Florida Statutes, is amended to read: 
15         893.055 Prescription drug monitoring program.— 
16         (7) 
17         (c) The following entities shall not be allowed direct 
18  access to information in the prescription drug monitoring 
19  program database but may request from the program manager and, 
20  when authorized by the program manager, the program manager’s 
21  program and support staff, information that is confidential and 
22  exempt under s. 893.0551. Prior to release, the request shall be 
23  verified as authentic and authorized with the requesting 
24  organization by the program manager, the program manager’s 
25  program and support staff, or as determined in rules by the 
26  department as being authentic and as having been authorized by 
27  the requesting entity: 
28         1. The department or its relevant health care regulatory 
29  boards responsible for the licensure, regulation, or discipline 
30  of practitioners, pharmacists, or other persons who are 
31  authorized to prescribe, administer, or dispense controlled 
32  substances and who are involved in a specific controlled 
33  substance investigation involving a designated person for one or 
34  more prescribed controlled substances. 
35         2. Pursuant to a search warrant based upon probable cause, 
36  the Attorney General for Medicaid fraud cases involving 
37  prescribed controlled substances. 
38         3. Pursuant to a search warrant based upon probable cause, 
39  a law enforcement agency during active investigations regarding 
40  potential criminal activity, fraud, or theft regarding 
41  prescribed controlled substances. 
42         4. A patient or the legal guardian or designated health 
43  care surrogate of an incapacitated patient as described in s. 
44  893.0551 who, for the purpose of verifying the accuracy of the 
45  database information, submits a written and notarized request 
46  that includes the patient’s full name, address, and date of 
47  birth, and includes the same information if the legal guardian 
48  or health care surrogate submits the request. The request shall 
49  be validated by the department to verify the identity of the 
50  patient and the legal guardian or health care surrogate, if the 
51  patient’s legal guardian or health care surrogate is the 
52  requestor. Such verification is also required for any request to 
53  change a patient’s prescription history or other information 
54  related to his or her information in the electronic database. 
55 
56  Information in the database for the electronic prescription drug 
57  monitoring system is not discoverable or admissible in any civil 
58  or administrative action, except in an investigation and 
59  disciplinary proceeding by the department or the appropriate 
60  regulatory board. 
61         Section 2. Paragraphs (a) and (c) of subsection (3) of 
62  section 893.0551, Florida Statutes, are amended to read: 
63         893.0551 Public records exemption for the prescription drug 
64  monitoring program.— 
65         (3) The department shall disclose such confidential and 
66  exempt information to the following entities after using a 
67  verification process to ensure the legitimacy of that person’s 
68  or entity’s request for the information: 
69         (a) Pursuant to a search warrant based upon probable cause, 
70  the Attorney General and his or her designee when working on 
71  Medicaid fraud cases involving prescription drugs or when the 
72  Attorney General has initiated a review of specific identifiers 
73  of Medicaid fraud regarding prescription drugs. The Attorney 
74  General or his or her designee may disclose the confidential and 
75  exempt information received from the department to a criminal 
76  justice agency as defined in s. 119.011 as part of an active 
77  investigation that is specific to a violation of prescription 
78  drug abuse or prescription drug diversion law as it relates to 
79  controlled substances. The Attorney General’s Medicaid fraud 
80  investigators may not have direct access to the department’s 
81  database. 
82         (c) Pursuant to a search warrant based upon probable cause, 
83  a law enforcement agency that has initiated an active 
84  investigation involving a specific violation of law regarding 
85  prescription drug abuse or diversion of prescribed controlled 
86  substances. The law enforcement agency may disclose the 
87  confidential and exempt information received from the department 
88  to a criminal justice agency as defined in s. 119.011 as part of 
89  an active investigation that is specific to a violation of 
90  prescription drug abuse or prescription drug diversion law as it 
91  relates to controlled substances. A law enforcement agency may 
92  request information from the department but may not have direct 
93  access to its database. 
94         Section 3. This act shall take effect July 1, 2010.