Bill Text: FL S0866 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: OGSR/Department of Health

Spectrum: Committee Bill

Status: (Introduced - Dead) 2014-04-24 - Laid on Table, companion bill(s) passed, see HB 7177 (Ch. 2014-156) [S0866 Detail]

Download: Florida-2014-S0866-Introduced.html

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       Florida Senate - 2014                                     SB 866
       
       
        
       By the Committee on Health Policy
       
       
       
       
       
       588-01652-14                                           2014866__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunshine Review Act; amending s. 893.0551, F.S., which
    4         makes confidential and exempt certain information of a
    5         patient or patient’s agent, health care practitioner,
    6         and others held by the Department of Health;
    7         specifying that the Attorney General, health care
    8         regulatory boards, and law enforcement agencies may
    9         disclose certain confidential and exempt information
   10         to certain entities only if such information is
   11         relevant to an active investigation that prompted the
   12         request for the information; requiring the Attorney
   13         General, health care regulatory boards, and law
   14         enforcement agencies to take certain steps to ensure
   15         the continued confidentiality of all nonrelevant
   16         confidential and exempt information before disclosing
   17         such information; requiring a law enforcement agency
   18         to obtain a court order before such agency may receive
   19         information from the prescription drug monitoring
   20         database; authorizing a health care practitioner to
   21         share a patient’s information with that patient and
   22         put such information in the patient’s medical record
   23         upon consent; authorizing the department to disclose,
   24         under certain circumstances, a patient advisory report
   25         to a health care practitioner and relevant information
   26         that does not include personal identifying information
   27         to a law enforcement agency, rather than requiring the
   28         department to disclose confidential and exempt
   29         information; authorizing a law enforcement agency to
   30         use specified information to support a court order,
   31         rather than to disclose confidential and exempt
   32         information to a criminal justice agency; prohibiting
   33         an agency or person who obtains specified confidential
   34         and exempt information from disclosing such
   35         information except under certain circumstances; saving
   36         the exemption from repeal under the Open Government
   37         Sunset Review Act; providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Section 893.0551, Florida Statutes, is amended
   42  to read:
   43         893.0551 Public records exemption for the prescription drug
   44  monitoring program.—
   45         (1) As used in For purposes of this section, the term:
   46         (a) “Active investigation” has the same meaning as provided
   47  in s. 893.055.
   48         (b) “Dispenser” has the same meaning as provided in s.
   49  893.055.
   50         (c) “Health care practitioner” or “practitioner” has the
   51  same meaning as provided in s. 893.055.
   52         (d) “Health care regulatory board” has the same meaning as
   53  provided in s. 893.055.
   54         (e) “Law enforcement agency” has the same meaning as
   55  provided in s. 893.055.
   56         (f) “Pharmacist” means a any person licensed under chapter
   57  465 to practice the profession of pharmacy.
   58         (g) “Pharmacy” has the same meaning as provided in s.
   59  893.055.
   60         (h) “Prescriber” has the same meaning as provided in s.
   61  893.055.
   62         (2) The following information of a patient or patient’s
   63  agent, a health care practitioner, a dispenser, an employee of
   64  the practitioner who is acting on behalf of and at the direction
   65  of the practitioner, a pharmacist, or a pharmacy which that is
   66  contained in records held by the department under s. 893.055 is
   67  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   68  of the State Constitution:
   69         (a) Name.
   70         (b) Address.
   71         (c) Telephone number.
   72         (d) Insurance plan number.
   73         (e) Government-issued identification number.
   74         (f) Provider number.
   75         (g) Drug Enforcement Administration number.
   76         (h) Any other unique identifying information or number.
   77         (3) The department shall disclose such confidential and
   78  exempt information to the following persons or entities after
   79  using a verification process to ensure the legitimacy of that
   80  person’s or entity’s request for the information:
   81         (a) The Attorney General and his or her designee when
   82  working on Medicaid fraud cases involving prescription drugs or
   83  when the Attorney General has initiated a review of specific
   84  identifiers of Medicaid fraud regarding prescription drugs. The
   85  Attorney General or his or her designee may disclose to a
   86  criminal justice agency as defined in s. 119.011 only the
   87  confidential and exempt information received from the department
   88  which is relevant to a criminal justice agency as defined in s.
   89  119.011 as part of an active investigation that prompted the
   90  request for the information that is specific to a violation of
   91  prescription drug abuse or prescription drug diversion law as it
   92  relates to controlled substances. Before disclosing any
   93  information to a criminal justice agency, the Attorney General
   94  or his or her designee must take steps to ensure the continued
   95  confidentiality of all confidential and exempt information. At a
   96  minimum, these steps must include redacting or deleting all
   97  nonrelevant information. The Attorney General’s Medicaid fraud
   98  investigators may not have direct access to the department’s
   99  database.
  100         (b) The department’s relevant health care regulatory boards
  101  responsible for the licensure, regulation, or discipline of a
  102  practitioner, pharmacist, or other person who is authorized to
  103  prescribe, administer, or dispense controlled substances and who
  104  is involved in a specific controlled substances investigation
  105  for prescription drugs involving a designated person. The health
  106  care regulatory boards may request information from the
  107  department but may not have direct access to its database. The
  108  health care regulatory boards may provide such information to a
  109  law enforcement agency pursuant to ss. 456.066 and 456.073 only
  110  information that is relevant to the specific controlled
  111  substances investigation that prompted the request for the
  112  information. Before disclosing any information to a law
  113  enforcement agency, a healthcare regulatory board must take
  114  steps to ensure the continued confidentiality of all
  115  confidential and exempt information. At a minimum, these steps
  116  must include redacting or deleting all nonrelevant information.
  117         (c) A law enforcement agency that has initiated an active
  118  investigation involving a specific violation of law regarding
  119  prescription drug abuse or diversion of prescribed controlled
  120  substances and that has obtained a court order issued by a court
  121  of competent jurisdiction upon a showing of reasonable suspicion
  122  of potential criminal activity, fraud, or theft regarding
  123  prescribed controlled substances. The law enforcement agency may
  124  disclose to a criminal justice agency as defined in s. 119.011
  125  only the confidential and exempt information received from the
  126  department which is relevant to a criminal justice agency as
  127  defined in s. 119.011 as part of an active investigation that
  128  prompted the request for the information that is specific to a
  129  violation of prescription drug abuse or prescription drug
  130  diversion law as it relates to controlled substances. Before
  131  disclosing any information to a criminal justice agency, a law
  132  enforcement agency must take steps to ensure the continued
  133  confidentiality of all confidential and exempt information. At a
  134  minimum, these steps must include redacting or deleting all
  135  nonrelevant information. A law enforcement agency may request
  136  information from the department but may not have direct access
  137  to its database.
  138         (d) A health care practitioner who certifies that the
  139  information is necessary to provide medical treatment to a
  140  current patient in accordance with ss. 893.05 and 893.055. A
  141  health care practitioner who receives a current patient’s
  142  confidential and exempt information under this subsection may
  143  disclose such information to the patient or the patient’s legal
  144  representative. Upon the patient’s or the legal representative’s
  145  written consent, the health care practitioner may place such
  146  information in the patient’s medical record, including
  147  electronic medical records, and may disclose such information
  148  subject to the requirements of s. 456.057.
  149         (e) A pharmacist who certifies that the requested
  150  information will be used to dispense controlled substances to a
  151  current patient in accordance with ss. 893.04 and 893.055.
  152         (f) A patient or the legal guardian or designated health
  153  care surrogate for an incapacitated patient, if applicable,
  154  making a request as provided in s. 893.055(7)(c)4.
  155         (g) The patient’s pharmacy, prescriber, or dispenser who
  156  certifies that the information is necessary to provide medical
  157  treatment to his or her current patient in accordance with s.
  158  893.055.
  159         (4) If the department determines that there exists a
  160  pattern of controlled substance abuse consistent with department
  161  rules for identifying indicators of such abuse, the department
  162  may provide:
  163         (a) A patient advisory report to an appropriate health care
  164  practitioner; and
  165         (b) Relevant information that does not contain personal
  166  identifying information to the applicable law enforcement
  167  agency. A law enforcement agency may use such information to
  168  support a court order pursuant to paragraph (3)(c) shall
  169  disclose such confidential and exempt information to the
  170  applicable law enforcement agency in accordance with s.
  171  893.055(7)(f). The law enforcement agency may disclose the
  172  confidential and exempt information received from the department
  173  to a criminal justice agency as defined in s. 119.011 as part of
  174  an active investigation that is specific to a violation of s.
  175  893.13(7)(a)8., s. 893.13(8)(a), or s. 893.13(8)(b).
  176         (5) An Any agency or person who obtains any such
  177  confidential and exempt information specified in pursuant to
  178  this section must maintain the confidential and exempt status of
  179  that information and may not disclose such information unless
  180  authorized under this section.
  181         (6) A Any person who willfully and knowingly violates this
  182  section commits a felony of the third degree, punishable as
  183  provided in s. 775.082, s. 775.083, or s. 775.084.
  184         (7) This section is subject to the Open Government Sunset
  185  Review Act in accordance with s. 119.15 and shall stand repealed
  186  on October 2, 2014, unless reviewed and saved from repeal
  187  through reenactment by the Legislature.
  188         Section 2. This act shall take effect July 1, 2014.