Prescription Drug Monitoring Program
RULE NOS.:RULE TITLES:
64K-1.003Accessing Database
64K-1.004Management and Operation of Database
64K-1.005Privacy of Information
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 156, August 12, 2015 issue of the Florida Administrative Register.
The changes are in response to concerns stated by the Joint Administrative Procedures Committee in a letter dated October 8, 2015.
64K-1.003 Accessing Database.
(1) Pharmacists, prescribers and dispensers licensed in Florida may directly access the information in the program database by registering on the E-FORCSE® secure web portal at https://flpdmp-phreg.hidinc.com. using the temporary user name “newacct” and temporary password “welcome”. A written request may be submitted to the program manager if information must be received by alternate means. A pharmacist, prescriber or dispenser must review the “Training Guide for Florida Practitioners and Pharmacists”, DH8009-PDMP, effective 01/2015, which is incorporated herein by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-##### prior to registering. Certification of this review is required before registration can be completed. A permanent user name and password will be emailed to the successful registrant. Registration denials, stating the reason for denial, will be emailed to the unsuccessful registrant.
(2) Entities that do not have direct access to the database may request information from the program manager
by having the agency head or designee execute an “Agency User Agreement”, DH8017-PDMP, effective 07/2015, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-#####. If approved, the program manager will execute and return the agreement to the agency.
(3) Each agency head or designee shall appoint an agency administrator with an “Agency Administrator Appointment Form”, DH8010-PDMP, effective 01/2015 07/2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-#####. Approved administrators will be notified and provided instructions for appointing authorized users.
(4) Each agency administrator may appoint authorized users to request and receive information on behalf of the agency using an “Agency Authorized User Appointment Form, DH8015-PDMP DH8017-PDMP, effective 01/2015, incorporated by reference and available at http://www/flrules.org/Gateway/reference.asp?No=Ref-#####. Prior to appointment each authorized user must review the “Training Guide for Enforcement and Investigative Agencies”, DH8012-PDMP DH 8011-PDMP, effective 01/2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-##### and the “E-FORCSE Information Security and Privacy Training Course, effective 01/2015, incorporated by reference and available at http://www.flrules/.org/Gateway/reference.asp?No=Ref-#####. Certification of these reviews this review is required before registration can be completed. The authorized user must should provide a printed copies copy of the certifications from both courses certification to the agency administrator who shall maintain them for the duration of the appointment and make them available for examination upon request of the program manager., Approved authorized users will be notified by email and provided with instructions for requesting and receiving information through the secure E-FORCSE web portal.
(5) An authorized user must have actual knowledge of an active investigation as defined by section 893.055(1)(h), F.S., statute prior to submitting a request and is prohibited from requesting information on behalf of another law enforcement agency or entity.
(6) through (8) No change.
Rulemaking Authority, 893.055 FS. Law Implemented 893.055, 893.0551 FS. History–New 11-24-11, Amended .
64K-1.004 Management and Operation of Database.
(1) through (5) No change.
(6) Pharmacies that do not dispense controlled substances in or into this state must submit a “Notification of Exemption From Reporting”, DH8016-PDMP, effective 07/2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-#####. Exemptions must be renewed on or before September 30 in even years on “Renewal of Notification of Exemption from Reporting Exemption Renewal Form”, DH8018-PDMP, effective 07/2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-#####. Pharmacies seeking to begin dispensing controlled substances must notify the program electronically and be removed from the exempt list prior to registering to report to the program database.
(7)(a) A patient, health care provider, prescriber, or dispenser may submit an electronic request to the program manager for the correction of erroneous information in the database. The request shall include:
1. A statement explaining in detail the error and the basis for the requested correction;
2. The precise change requested;
3. Documentation establishing the correct information;
4. The requester’s name, address, telephone number, and license number if licensed as a health care provider in Florida.
(7)(b) through (8) No change.
Rulemaking Authority 893.055 FS. Law Implemented 893.055 FS. History–New 11-24-11, Amended .
64K-1.005 Privacy of Controlled Substance Prescription Dispensing Information.
(1) through (4) No change.
(5) It is unlawful to access or request information for a prohibited purpose or to disclose or release confidential or exempt information. Failure to comply with section 893.0551(5), F.S. may result in suspension of access to the database. The program manager will notify agency administrators of any alleged failure to comply. Agency administrators must investigate the alleged compliance failure and report its findings to the program manager immediately. Access privileges may be reinstated upon request in writing to the program manager who shall determine if the investigation is complete and reinstatement is appropriate. Prior to reinstatement the suspended user must submit proof of completion of the “E-FORCSE® Information Security and Privacy Training Course”, effective 01/2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-####, within the last 30 days to the pProgram manager.
(6) through (8) No change.
Rulemaking Authority 893.055 FS. Law Implemented 893.055 FS. History–New 11-24-11, Amended .
