Bill Text: FL S7016 | 2014 | Regular Session | Introduced
Bill Title: Prescription Drug Monitoring
Spectrum: Committee Bill
Status: (N/A - Dead) 2014-02-05 - Submit as committee bill by Health Policy (SB 862) [S7016 Detail]
Download: Florida-2014-S7016-Introduced.html
Florida Senate - 2014 (PROPOSED COMMITTEE BILL) SPB 7016 FOR CONSIDERATION By the Committee on Health Policy 588-00915-14 20147016__ 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 subpoena as a condition of direct 9 access to information in the program; requiring that 10 the subpoena be predicated upon a showing of 11 reasonable suspicion of criminal activity, fraud, or 12 theft regarding prescribed controlled substances; 13 providing that the subpoena 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 law enforcement agency to use such information to 20 support a subpoena; deleting obsolete provisions; 21 providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 893.055, Florida Statutes, is amended to 26 read: 27 893.055 Prescription drug monitoring program.— 28 (1) As used in this section, the term: 29 (a) “Patient advisory report” or “advisory report” means 30 information provided by the departmentin writing, or as31determined by the department,to a prescriber, dispenser, 32 pharmacy, or patient concerning the dispensing of controlled 33 substances.AllAdvisory reports are for informational purposes 34 only and do not impose any obligationno obligations of any35natureoranylegal duty on a prescriber, dispenser, pharmacy, 36 or patient except that the. Thepatient advisory report shall be 37 provided in complianceaccordancewith s. 893.13(7)(a)8. An 38 advisory reportTheadvisory reportsissued by the department is 39arenot subject to discovery or introduction into evidence in a 40anycivil or administrative action against a prescriber, 41 dispenser, pharmacy, or patient arising out of matters that are 42 the subject of the report. A department employee;and a person43 who participates in preparing, reviewing, issuing, or any other 44 activity related to an advisory report ismaynot allowedbe45permittedor required to testify in any such civil action as to 46 any findings, recommendations, evaluations, opinions, or other 47 actions taken in connection with preparing, reviewing, or 48 issuing such a report. 49 (b) “Controlled substance” means a controlled substance 50 listed in Schedule II, Schedule III, or Schedule IV in s. 51 893.03. 52 (c) “Dispenser” means a pharmacy, dispensing pharmacist, or 53 dispensing health care practitioner, and includes a pharmacy, 54 dispensing pharmacist, or health care practitioner that is not 55 located in this state but is otherwise subject to the 56 jurisdiction of this state as to a particular dispensing 57 transaction. 58 (d) “Health care practitioner” or “practitioner” means a 59anypractitioner who is subject to licensure or regulation by 60 the department under chapter 458, chapter 459, chapter 461, 61 chapter 462, chapter 463, chapter 464, chapter 465, or chapter 62 466. 63 (e) “Health care regulatory board” means aanyboard for a 64 practitioner or health care practitioner who is licensed or 65 regulated by the department. 66 (f) “Pharmacy” means aanypharmacy that is subject to 67 licensure or regulation by the department under chapter 465 and 68 that dispenses or delivers a controlled substance to an 69 individual or address in this state. 70 (g) “Prescriber” means a prescribing physician, prescribing 71 practitioner, or other prescribing health care practitioner. 72 (h) “Active investigation” means an investigation that is 73 being conducted with a reasonable, good faith belief that it 74 willcouldlead to the filing of administrative, civil, or 75 criminal proceedings,or an investigation that is ongoing and 76 continuing and for which there is a reasonable, good faith 77 anticipation of securing an arrest or prosecution in the 78 foreseeable future. 79 (i) “Law enforcement agency” means the Department of Law 80 Enforcement, a Florida sheriff’s department, a Florida police 81 department, or a law enforcement agency of the Federal 82 Government which enforces the laws of this state or the United 83 States relating to controlled substances, and whosewhich its84 agents and officers are empowered by law to conduct criminal 85 investigations and make arrests. 86 (j) “Program manager” means an employee of or a person 87 contracted by the Department of Health who is designated to 88 ensure the integrity of the prescription drug monitoring program 89 in accordance with the requirements established in paragraphs 90 (2)(a) and (b). 91 (k) “Dispense” or “dispensing” means the transfer of 92 possession of one or more doses of a medicinal drug by a health 93 care practitioner to the ultimate consumer or to the ultimate 94 consumer’s agent, including, but not limited to, a transaction 95 with a dispenser pursuant to chapter 465 and a dispensing 96 transaction to an individual or address in this state with a 97 dispenser that is located outside this state but is otherwise 98 subject to the jurisdiction of this state as to that dispensing 99 transaction. 100 (2)(a) The department shall maintaindesign and establisha 101 comprehensive electronic database system in order to collect and 102 store specified information from dispensedthat hascontrolled 103 substance prescriptions and shall release information to 104 authorized recipients in accordance with subsection (6) and s. 105 893.0551provided to it and that provides prescription106information to a patient’s health care practitioner and107pharmacist who inform the department that they wish the patient108advisory report provided to them.Otherwise, the patient109advisory report will not be sent to the practitioner, pharmacy,110or pharmacist.The system mustshallbe designed to provide111information regarding dispensed prescriptions of controlled112substances and shallnot infringe upon the legitimate 113 prescribing or dispensing of a controlled substance by a 114 prescriber or dispenser acting in good faith and in the course 115 of professional practice and must. The system shallbe 116 consistent with standards of the American Society for Automation 117 in Pharmacy (ASAP). Theelectronicsystem mustshallalso comply 118 with the Health Insurance Portability and Accountability Act 119 (HIPAA) as it pertains to protected health information (PHI), 120 electronic protected health information (EPHI), andallother 121 relevant state and federal privacy and security laws and 122 regulations.The department shall establish policies and123procedures as appropriate regarding the reporting, accessing the124database, evaluation, management, development, implementation,125operation, storage, and security of information within the126system.The reporting of prescribed controlled substances shall127include a dispensing transaction with a dispenser pursuant to128chapter 465 or through a dispensing transaction to an individual129or address in this state with a pharmacy that is not located in130this state but that is otherwise subject to the jurisdiction of131this state as to that dispensing transaction.The reporting of132patient advisory reports refers only to reports to patients,133pharmacies, and practitioners. Separate reports that contain134patient prescription history information and that are not135patient advisory reports are provided to persons and entities as136authorized in paragraphs (7)(b) and (c) and s. 893.0551.137 (b) The department shall maintain the electronic system so 138 that a patient’s health care practitioner or pharmacist is able 139 to receive a patient advisory report upon request, when the140direct support organization receives at least $20,000 in141nonstate moneys or the state receives at least $20,000 in142federal grants for the prescription drug monitoring program,143shall adopt rules as necessary concerning the reporting,144accessing the database, evaluation, management, development,145implementation, operation, security, and storage of information146within the system, including rules for when patient advisory147reports are provided to pharmacies and prescribers.The patient148advisory report shall be provided in accordance with s.149893.13(7)(a)8. The department shall work with the professional150health care licensure boards, such as the Board of Medicine, the151Board of Osteopathic Medicine, and the Board of Pharmacy; other152appropriate organizations, such as the Florida Pharmacy153Association, the Florida Medical Association, the Florida Retail154Federation, and the Florida Osteopathic Medical Association,155including those relating to pain management; and the Attorney156General, the Department of Law Enforcement, and the Agency for157Health Care Administration to develop rules appropriate for the158prescription drug monitoring program.159 (c) The department shall: 160 1. Establish policies and procedures and adopt rules 161 necessary to provide for access to and evaluation, management, 162 and operation of the electronic system. 163 2. Establish policies and procedures and adopt rules 164 necessary to provide for the reporting, storage, and security of 165 information within the electronic system, including: 166 a. Any additional information, other than the information 167 listed in subsection (3), which must be reported to the system. 168 b. The process by which dispensers must provide the 169 required information concerning each controlled substance that 170 it has dispensed in a secure methodology and format. Such 171 approved formats may include, but are not limited to, submission 172 via the Internet, on a disc, or by use of regular mail. 173 c. The process by which the department may approve an 174 extended period of time for a dispenser to report a dispensed 175 prescription to the system. 176 d. Procedures providing for reporting during a state 177 declared or nationally declared disaster. 178 e. Procedures for determining when a patient advisory 179 report is required to be provided to a pharmacy or prescriber. 180 f. Procedures for determining whether a request for 181 information under paragraph (6)(b) is authentic and authorized 182 by the requesting agency. 183 3. Cooperate with professional health care licensure 184 boards, such as the Board of Medicine, the Board of Osteopathic 185 Medicine, and the Board of Pharmacy; other appropriate 186 organizations, such as the Florida Pharmacy Association, the 187 Florida Medical Association, the Florida Retail Federation, the 188 Florida Osteopathic Medical Association, and those relating to 189 pain management; and the Attorney General, the Department of Law 190 Enforcement, and the Agency for Health Care Administration to 191 develop rules appropriate for the prescription drug monitoring 192 programAll dispensers and prescribers subject to these193reporting requirements shall be notified by the department of194the implementation date for such reporting requirements. 195 4.(d)CooperateThe program manager shallworkwith 196 professional health care licensure boards and the stakeholders 197 listed in subparagraph 3.paragraph (b)to develop rules 198 appropriate for identifying indicators of controlled substance 199 abuse. 200 (3) The dispenser ofThe pharmacy dispensingthe controlled201substance and each prescriber who directly dispensesa 202 controlled substance shall submit to the electronic system, by a 203 procedure and in a format established by the department and 204 consistent with an ASAP-approved format, the following 205 information for each prescription dispensedinclusion in the206database: 207 (a) The name of the prescribing practitioner, the 208 practitioner’s federal Drug Enforcement Administration 209 registration number, the practitioner’s National Provider 210 Identification (NPI) or other appropriate identifier, and the 211 date of the prescription. 212 (b) The date the prescription was filled and the method of 213 payment, such as cash by an individual, insurance coverage 214 through a third party, or Medicaid payment. This paragraph does 215 not authorize the department to include individual credit card 216 numbers or other account numbers in the database. 217 (c) The full name, address, and date of birth of the person 218 for whom the prescription was written. 219 (d) The name, national drug code, quantity, and strength of 220 the controlled substance dispensed. 221 (e) The full name, federal Drug Enforcement Administration 222 registration number, and address of the pharmacy or other 223 location from which the controlled substance was dispensed. If 224 the controlled substance was dispensed by a practitioner other 225 than a pharmacist, the practitioner’s full name, federal Drug 226 Enforcement Administration registration number, and address. 227 (f) The name of the pharmacy or practitioner, other than a 228 pharmacist, dispensing the controlled substance and the 229 practitioner’s National Provider Identification (NPI). 230 (g) Other appropriate identifying information as determined 231 by department rule. 232 (4) Each time a controlled substance is dispensed to an 233 individual, the information specified in subsection (3) 234controlled substanceshall be reported by the dispenser to the 235 department through the system using a department-approved 236 process as soon thereafter as possible, but not more than 7 days 237 after the date the controlled substance is dispensed unless an 238 extension is approved by the department. Costs to the dispenser 239 for submitting the information required by this section may not 240 be material or extraordinary. Costs not considered to be 241 material or extraordinary include, but are not limited to, 242 regular postage, electronic media, regular electronic mail, and 243 facsimile charges. A person who willfully and knowingly fails to 244 report the dispensing of a controlled substance as required by 245 this section commits a misdemeanor of the first degree, 246 punishable as provided in s. 775.082 or s. 775.083for cause as247determined byrule.A dispenser must meet the reporting248requirements of this section byproviding the required249information concerning each controlled substance that it250dispensed in a department-approved, secure methodology and251format. Such approved formats may include, but are not limited252to, submission via the Internet, on a disc, or by use of regular253.254 (5)When the following acts of dispensing or administering255occur,The following acts are exempt from the reportingunder256 requirements of this sectionfor that specific actof dispensing257or administration: 258 (a) The administration ofA health care practitioner when259administeringa controlled substance directly to a patient by a 260 health care practitioner if the amount of the controlled 261 substance is adequate to treat the patient during that 262 particular treatment session. 263 (b) The administration ofA pharmacist or health care264practitioner when administeringa controlled substance by a 265 health care practitioner to a patient or resident receiving care 266 as a patient at a hospital, nursing home, ambulatory surgical 267 center, hospice, or intermediate care facility for the 268 developmentally disabled which is licensed in this state. 269 (c) The administration or dispensing ofA practitioner when270administering or dispensinga controlled substance by a health 271 care practitioner withininthe health care system of the 272 Department of Corrections. 273 (d) The administration ofA practitioner when administering274 a controlled substance by a health care practitioner in the 275 emergency room of a licensed hospital. 276 (e) The administration or dispensing ofA health care277practitioner when administering or dispensinga controlled 278 substance by a health care practitioner to a person under the 279 age of 16. 280 (f) TheA pharmacist or a dispensing practitioner when281 dispensing of a one-time, 72-hour emergency resupply of a 282 controlled substance by a dispenser to a patient. 283 (6) Confidential and exempt information in the prescription 284 drug monitoring program’s database may be released only as 285 provided in this subsection and s. 893.0551The department may286establish when to suspend and when to resume reporting287information during a state-declared or nationally declared288disaster. 289(7)(a) A practitioner or pharmacist who dispenses a290controlled substance must submit the information required by291this section in an electronic or other method in an ASAP format292approved by rule of the department unless otherwise provided in293this section. The cost to the dispenser in submitting the294information required by this section may not be material or295extraordinary. Costs not considered to be material or296extraordinary include, but are not limited to, regular postage,297electronic media, regular electronic mail, and facsimile298charges.299 (a)(b)A pharmacy, prescriber, or dispenser shall have 300 access to information in the prescription drug monitoring 301 program’s database which relates to a patient of that pharmacy, 302 prescriber, or dispenser in a manner established by the 303 department as needed for the purpose of reviewing the patient’s 304 controlled substance prescription history. A prescriber or 305 dispenser acting in good faith is immune from any civil, 306 criminal, or administrative liability that might otherwise be 307 incurred or imposed for receiving or using information from the 308 prescription drug monitoring program. This subsection does not 309 create a private cause of action, and a person may not recover 310 damages against a prescriber or dispenser authorized to access 311 information under this subsection for accessing or failing to 312 access such informationOther access to the program’s database313shall be limited to the program’s manager and to the designated314program and support staff, who may act only at the direction of315the program manager or, in the absence of the program manager,316as authorized.Access by the program manager or such designated317staff is for prescription drug program management only or for318management of the program’s database and its system in support319of the requirements of this section and in furtherance of the320prescription drug monitoring program.Confidential and exempt321information in the database shall be released only as provided322in paragraph (c) and s. 893.0551.The program manager,323designated program and support staff who act at the direction of324or in the absence of the program manager, and any individual who325has similar access regarding the management of the database from326the prescription drug monitoring program shall submit327fingerprints to the department for background screening. The328department shall follow the procedure established by the329Department of Law Enforcement to request a statewide criminal330history record check and to request that the Department of Law331Enforcement forward the fingerprints to the Federal Bureau of332Investigation for a national criminal history record check.333 (b)(c)The following entities areshallnotbeallowed 334 direct access to information in the prescription drug monitoring 335 program database but may request from the program manager and, 336 when authorized by the program manager, the program manager’s 337 program and support staff, information that is confidential and 338 exempt under s. 893.0551. BeforePrior torelease, the request 339 by the following entities shall be verified as authentic and 340 authorized with the requesting organization by the program 341 manager or,the program manager’s program and support staff, or342as determined in rules by the department as being authentic and343as having been authorized by the requesting entity: 344 1. The department or its relevant health care regulatory 345 boards responsible for the licensure, regulation, or discipline 346 of practitioners, pharmacists, or other persons who are 347 authorized to prescribe, administer, or dispense controlled 348 substances and who are involved in a specific controlled 349 substance investigation involving a designated person for one or 350 more prescribed controlled substances. 351 2. The Attorney General for Medicaid fraud cases involving 352 prescribed controlled substances. 353 3. A law enforcement agency during active investigations 354 and pursuant to the submission of a subpoena issued by a court 355 of competent jurisdiction upon a showing of reasonable suspicion 356 ofregardingpotential criminal activity, fraud, or theft 357 regarding prescribed controlled substances. The subpoena may be 358 issued without notice to the affected patients, prescribers, or 359 dispensers. 360 4. A patient or the legal guardian or designated health 361 care surrogate of an incapacitated patient as described in s. 362 893.0551 who, for the purpose of verifying the accuracy of the 363 database information, submits a written and notarized request 364 that includes the patient’s full name, address, and date of 365 birth, and includes the same information if the legal guardian366or health care surrogate submits the request. If the patient’s 367 legal guardian or health care surrogate is the requestor, the 368 request shall be validated by the department to verify the 369 identity of the patient and the legal guardian or health care 370 surrogate, if the patient’s legal guardian or health care371surrogate is the requestor. Such verification is also required 372 for any request to change a patient’s prescription history or 373 other information related to his or her information in the 374 electronic database. 375 376 Information in or released from the prescription drug monitoring 377 program databasefor the electronic prescription drug monitoring378systemis not discoverable or admissible in any civil or 379 administrative action,except in an investigation and 380 disciplinary proceeding by the department or the appropriate 381 regulatory board. 382 (c)(d)Other than the program manager and his or her 383 program or support staff as authorized in paragraph (d), 384 department staff are,for the purpose of calculating performance385measures pursuant to subsection (8),shallnotbeallowed direct 386 access to information in the prescription drug monitoring 387 program database but may request from the program manager and, 388 when authorized by the program manager, the program manager’s 389 program and support staff, information that does not contain 390contains noidentifying information of any patient, physician, 391 health care practitioner, prescriber, or dispenser and that is 392 not confidential and exempt for the purpose of calculating 393 performance measures pursuant to subsection (7). 394 (d) The program manager and designated support staff, upon 395 the direction of the program manager or as otherwise authorized 396 during the program manager’s absence, may access the 397 prescription drug monitoring program’s database only to manage 398 the program or to manage the program’s database and systems in 399 support of the requirements of this section or as established by 400 the department in rule pursuant to subparagraph (2)(c)4. The 401 program manager, designated program and support staff who act at 402 the direction of or in the absence of the program manager, and 403 any individual who has similar access regarding the management 404 of the database from the prescription drug monitoring program 405 shall submit fingerprints to the department for background 406 screening. The department shall follow the procedure established 407 by the Department of Law Enforcement to request a statewide 408 criminal history record check and to request that the Department 409 of Law Enforcement forward the fingerprints to the Federal 410 Bureau of Investigation for a national criminal history record 411 check. 412 (e) If the program manager determines a pattern consistent 413 with the rules established under subparagraph (2)(c)4., the 414 department may provide relevant information that does not 415 contain personal identifying information to the applicable law 416 enforcement agency. A law enforcement agency may use such 417 information to support a subpoena pursuant to subparagraph (b)3. 418 (f)(e)All transmissions of data required by this section 419 must comply with relevant state and federal privacy and security 420 laws and regulations. However, ananyauthorized agency or 421 person under s. 893.0551 receiving such information as allowed 422 by s. 893.0551 may maintain the information received for up to 423 24 months before purging it from his or her records or maintain 424 it for longer than 24 months if the information is pertinent to 425 ongoing health care or an active law enforcement investigation 426 or prosecution. 427(f) The program manager, upon determining a pattern428consistent with the rules established under paragraph (2)(d) and429having cause to believe a violation of s. 893.13(7)(a)8.,430(8)(a), or (8)(b) has occurred, may provide relevant information431to the applicable law enforcement agency.432 (7)(8)To assist in fulfilling program responsibilities, 433 performance measures shall be reported annually to the Governor, 434 the President of the Senate, and the Speaker of the House of 435 Representatives by the department each December 1, beginning in4362011. Data that does not contain patient, physician, health care 437 practitioner, prescriber, or dispenser identifying information 438 may be requested during the year by department employees so that 439 the department may undertake public health care and safety 440 initiatives that take advantage of observed trends. Performance 441 measures may include, but are not limited to, efforts to achieve 442 the following outcomes: 443 (a) Reduction of the rate of inappropriate use of 444 prescription drugs through department education and safety 445 efforts. 446 (b) Reduction of the quantity of pharmaceutical controlled 447 substances obtained by individuals attempting to engage in fraud 448 and deceit. 449 (c) Increased coordination among partners participating in 450 the prescription drug monitoring program. 451 (d) Involvement of stakeholders in achieving improved 452 patient health care and safety and reduction of prescription 453 drug abuse and prescription drug diversion. 454(9) Any person who willfully and knowingly fails to report455the dispensing of a controlled substance as required by this456section commits a misdemeanor of the first degree, punishable as457provided in s. 775.082 or s. 775.083.458 (8)(10)All costs incurred by the department in 459 administering the prescription drug monitoring program shall be 460 funded through federal grants or private funding applied for or 461 received by the state. The department may not commit funds for 462 the monitoring program without ensuring funding is available. 463The prescription drug monitoring program and the implementation464thereof are contingent upon receipt of the nonstate funding.The 465 department and state government shall cooperate with the direct 466 support organization established pursuant to subsection (9)(11)467 in seeking federal grant funds, other nonstate grant funds, 468 gifts, donations, or other private moneys for the department if 469 the costs of doing so are not considered material. Nonmaterial 470 costs for this purpose include, but are not limited to, the 471 costs of mailing and personnel assigned to research or apply for 472 a grant. Notwithstanding the exemptions to competitive 473 solicitation requirements under s. 287.057(3)(e), the department 474 shall comply with the competitive-solicitation requirements 475 under s. 287.057 for the procurement of any goods or services 476 required by this section.Funds provided, directly or477indirectly, by prescription drug manufacturers may not be used478to implement the program.479 (9)(11)The department may establish a direct-support 480 organization that has a board consisting of at least five 481 members to provide assistance, funding, and promotional support 482 for the activities authorized for the prescription drug 483 monitoring program. 484 (a) As used in this subsection, the term “direct-support 485 organization” means an organization that is: 486 1. A Florida corporation not for profit incorporated under 487 chapter 617, exempted from filing fees, and approved by the 488 Department of State. 489 2. Organized and operated to conduct programs and 490 activities; raise funds; request and receive grants, gifts, and 491 bequests of money; acquire, receive, hold, and invest, in its 492 own name, securities, funds, objects of value, or other 493 property, either real or personal; and make expenditures or 494 provide funding to or for the direct or indirect benefit of the 495 department in the furtherance of the prescription drug 496 monitoring program. 497 (b) The direct-support organization is not considered a 498 lobbying firm within the meaning of s. 11.045. 499 (c) The State Surgeon General shall appoint a board of 500 directors for the direct-support organization. Members of the 501 board shall serve at the pleasure of the State Surgeon General. 502 The State Surgeon General shall provide guidance to members of 503 the board to ensure that moneys received by the direct-support 504 organization are not received from inappropriate sources. 505 Inappropriate sources include, but are not limited to, donors, 506 grantors, persons, or organizations that may monetarily or 507 substantively benefit from the purchase of goods or services by 508 the department in furtherance of the prescription drug 509 monitoring program and any funds provided, directly or 510 indirectly, by prescription drug manufacturers. 511 (d) The direct-support organization shall operate under 512 written contract with the department. The contract must, at a 513 minimum, provide for: 514 1. Approval of the articles of incorporation and bylaws of 515 the direct-support organization by the department. 516 2. Submission of an annual budget for the approval of the 517 department. 518 3. Certification by the department that the direct-support 519 organization is complying with the terms of the contract in a 520 manner consistent with and in furtherance of the goals and 521 purposes of the prescription drug monitoring program and in the 522 best interests of the state. Such certification must be made 523 annually and reported in the official minutes of a meeting of 524 the direct-support organization. 525 4. The reversion, without penalty, to the state of all 526 moneys and property held in trust by the direct-support 527 organization for the benefit of the prescription drug monitoring 528 program if the direct-support organization ceases to exist or if 529 the contract is terminated. 530 5. The fiscal year of the direct-support organization, 531 which must begin July 1 of each year and end June 30 of the 532 following year. 533 6. The disclosure of the material provisions of the 534 contract to donors of gifts, contributions, or bequests, 535 including such disclosure on all promotional and fundraising 536 publications, and an explanation to such donors of the 537 distinction between the department and the direct-support 538 organization. 539 7. The direct-support organization’s collecting, expending, 540 and providing of funds to the department for the development, 541 implementation, and operation of the prescription drug 542 monitoring program as described in this section and s. 2, 543 chapter 2009-198, Laws of Florida, as long as the task force is 544 authorized. The direct-support organization may collect and 545 expend funds to be used for the functions of the direct-support 546 organization’s board of directors, as necessary and approved by 547 the department. In addition, the direct-support organization may 548 collect and provide funding to the department in furtherance of 549 the prescription drug monitoring program by: 550 a. Establishing and administering the prescription drug 551 monitoring program’s electronic database, including hardware and 552 software. 553 b. Conducting studies on the efficiency and effectiveness 554 of the program to include feasibility studies as described in 555 subsection (13). 556 c. Providing funds for future enhancements of the program 557 within the intent of this section. 558 d. Providing user training of the prescription drug 559 monitoring program, including distribution of materials to 560 promote public awareness and education and conducting workshops 561 or other meetings, for health care practitioners, pharmacists, 562 and others as appropriate. 563 e. Providing funds for travel expenses. 564 f. Providing funds for administrative costs, including 565 personnel, audits, facilities, and equipment. 566 g. Fulfilling all other requirements necessary to implement 567 and operate the program as outlined in this section. 568 (e) The activities of the direct-support organization must 569 be consistent with the goals and mission of the department, as 570 determined by the department, and in the best interests of the 571 state. The direct-support organization must obtain a written 572 approval from the department for any activities in support of 573 the prescription drug monitoring program before undertaking 574 those activities. 575 (f) The department may permit, without charge, appropriate 576 use of administrative services, property, and facilities of the 577 department by the direct-support organization, subject to this 578 section. The use must be directly in keeping with the approved 579 purposes of the direct-support organization and may not be made 580 at times or places that would unreasonably interfere with 581 opportunities for the public to use such facilities for 582 established purposes. Any moneys received from rentals of 583 facilities and properties managed by the department may be held 584 in a separate depository account in the name of the direct 585 support organization and subject to the provisions of the letter 586 of agreement with the department. The letter of agreement must 587 provide that any funds held in the separate depository account 588 in the name of the direct-support organization must revert to 589 the department if the direct-support organization is no longer 590 approved by the department to operate in the best interests of 591 the state. 592 (g) The department may adopt rules under s. 120.54 to 593 govern the use of administrative services, property, or 594 facilities of the department or office by the direct-support 595 organization. 596 (h) The department may not permit the use of any 597 administrative services, property, or facilities of the state by 598 a direct-support organization if that organization does not 599 provide equal membership and employment opportunities to all 600 persons regardless of race, color, religion, gender, age, or 601 national origin. 602 (i) The direct-support organization shall provide for an 603 independent annual financial audit in accordance with s. 604 215.981. Copies of the audit shall be provided to the department 605 and the Office of Policy and Budget in the Executive Office of 606 the Governor. 607 (j) The direct-support organization may not exercise any 608 power under s. 617.0302(12) or (16). 609(12) A prescriber or dispenser may have access to the610information under this section which relates to a patient of611that prescriber or dispenser as needed for the purpose of612reviewing the patient’s controlled drug prescription history. A613prescriber or dispenser acting in good faith is immune from any614civil, criminal, or administrative liability that might615otherwise be incurred or imposed for receiving or using616information from the prescription drug monitoring program. This617subsection does not create a private cause of action, and a618person may not recover damages against a prescriber or dispenser619authorized to access information under this subsection for620accessing or failing to access such information.621 (10)(13)To the extent that funding is provided for such 622 purpose through federal or private grants or gifts and other 623 types of available moneys, the department shall study the 624 feasibility of enhancing the prescription drug monitoring 625 program for the purposes of public health initiatives and 626 statistical reporting that respects the privacy of the patient, 627 the prescriber, and the dispenser. Such a study shall be 628 conducted in order to further improve the quality of health care 629 services and safety by improving the prescribing and dispensing 630 practices for prescription drugs, taking advantage of advances 631 in technology, reducing duplicative prescriptions and the 632 overprescribing of prescription drugs, and reducing drug abuse. 633 The requirements of the National All Schedules Prescription 634 Electronic Reporting (NASPER) Act are authorized in order to 635 apply for federal NASPER funding. In addition, the direct 636 support organization shall provide funding for the department to 637 conduct training for health care practitioners and other 638 appropriate persons in using the monitoring program to support 639 the program enhancements. 640 (11)(14)Apharmacist, pharmacy, or dispensing health care641practitioner or his or her agent,Before releasing a controlled 642 substance to any person not known to him or hersuchdispenser, 643 the dispenser shall require the person purchasing, receiving, or 644 otherwise acquiring the controlled substance to present valid 645 photographic identification or other verification of his or her 646 identityto the dispenser. If the person does not have proper 647 identification, the dispenser may verify the validity of the 648 prescription and the identity of the patient with the prescriber 649 or his or her authorized agent. Verification of health plan 650 eligibility through a real-time inquiry or adjudication system 651 iswill beconsidered to be proper identification. This 652 subsection does not apply in an institutional setting or to a 653 long-term care facility, including, but not limited to, an 654 assisted living facility or a hospital to which patients are 655 admitted. As used in this subsection, the term “proper 656 identification” means an identification that is issued by a 657 state or the Federal Government containing the person’s 658 photograph, printed name, and signature or a document considered 659 acceptable under 8 C.F.R. s. 274a.2(b)(1)(v)(A) and (B). 660(15) The Agency for Health Care Administration shall661continue the promotion of electronic prescribing by health care662practitioners, health care facilities, and pharmacies under s.663408.0611.664(16) The department shall adopt rules pursuant to ss.665120.536(1) and 120.54 to administer the provisions of this666section, which shall include as necessary the reporting,667accessing, evaluation, management, development, implementation,668operation, and storage of information within the monitoring669program’s system.670 Section 2. This act shall take effect July 1, 2014.