November 26, 2020
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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.

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