SB 7002 — OGSR/Information Relating to Medical Marijuana Held by the Department of Health

SBFlorida Senate - 2022 (PROPOSED BILL) SPB 7002 FirstFOR EngrossedCONSIDERATION 20227002e1By the Committee on Health Policy 588-00713-22 20227002pb A bill to be entitled An act relating to a review under the Open Government Sunset Review Act;

381.987, F.S., which provides an exemption from public records requirements for certainpersonal identifying information ofrelating patients,to caregivers,medical andmarijuana qualified physicians held by the Department of HealthHealth; relating to the medical use of marijuana;

making technical changes;

SubsectionsSection (1) and (6) of section 381.987, Florida Statutes, areis amended to read:

381.987 Public records exemption for personal identifying information relating to medical marijuana held by the department.— (1) The following information held by the department is confidential and exempt from s.

(c) All personal identifying information pertaining to the physician certification for marijuana and the dispensing thereof Page 1 of 24 CODING:

SBFlorida 7002Senate First- Engrossed2022 20227002e1(PROPOSED physicianBILL) certificationSPB for7002 marijuana588-00713-22 and20227002pb the dispensing thereof held by the department, including, but not limited to, information related to the patient’s diagnosis, exception requests to the daily dose amount limit, and the qualified patient’s experience related to the medical use of marijuana.

(2) The department shall allow access to the confidential and exempt information in the medical marijuana use registry to:

(a) A law enforcement agency that is investigating a violation of law regarding marijuana in which the subject of the investigation claims an exception established under s.

381.986, except for information related to the patient’s diagnosis.

(b) A medical marijuana treatment center approved by the department pursuant to s.

381.986 which is attempting to verify the authenticity of a physician certification for marijuana, including whether the certification had been previously filled and whether the certification was issued for the person attempting to have it filled, except for information related to the patient’s diagnosis.

(c) A physician who has issued a certification for marijuana for the purpose of monitoring the patient’s use of such marijuana or for the purpose of determining, before issuing a certification for marijuana, whether another physician has issued a certification for the patient’s use of marijuana.

The physician may access the confidential and exempt information only for the patient for whom he or she has issued a certification or is determining whether to issue a certification for the use of marijuana pursuant to s.

381.986.

Page 2 of 4 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 (PROPOSED BILL) SPB 7002 588-00713-22 20227002pb (d) A practitioner licensed to prescribe prescription medications to ensure proper care of a patient before prescribing medication to that patient which may interact with marijuana.

(e) An employee of the department for the purposes of maintaining the registry and periodic reporting or disclosure of information that has been redacted to exclude personal identifying information.

(f) An employee of the department for the purposes of reviewing physician registration and the issuance of physician certifications to monitor practices that could facilitate unlawful diversion or the misuse of marijuana or a marijuana delivery device.

(g) The department’s relevant health care regulatory boards responsible for the licensure, regulation, or discipline of a physician if he or she is involved in a specific investigation of a violation of s.

381.986.

If a health care regulatory board’s investigation reveals potential criminal activity, the board may provide any relevant information to the appropriate law enforcement agency.

(h) The Consortium for Medical Marijuana Clinical Outcomes Research established in s.

1004.4351(4).

(i) A person engaged in bona fide research if the person agrees:

1.

To submit a research plan to the department which specifies the exact nature of the information requested and the intended use of the information;

2.

To maintain the confidentiality of the records or information if personal identifying information is made Page 3 of 4 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 (PROPOSED BILL) SPB 7002 588-00713-22 20227002pb available to the researcher;

3.

To destroy any confidential and exempt records or information obtained after the research is concluded;

and 4.

Not to contact, directly or indirectly, for any purpose, a patient or physician whose information is in the registry.

(3) The department shall allow access to the confidential and exempt information pertaining to the physician certification for marijuana and the dispensing thereof, whether in the registry or otherwise held by the department, to:

(a) An employee of the department for the purpose of approving or disapproving a request for an exception to the daily dose amount limit for a qualified patient;