Law Enforcement and Investigative Agencies

Training

E-FORCSE(R) Information Security and Privacy Training Course

PMP AWARxE Law Enforcement and Regulatory User Support Manual

Quick Reference Guides

Law Enforcement and Other Agencies Administrator Registration

Law Enforcement and Other Agencies Designee Registration

Medical Examiner Administrator Registration

Medical Examiner Designee Registration

Forms

Agency User Agreement

Agency Administrator Appointment Form

Laws

Section 893.055(5), Florida Statutes, provides:

The following entities may not directly access information in the system, but may request information from the program manager or designated program and support staff:

(a) The department and its health care regulatory boards, as appropriate, for investigations involving licensees authorized to prescribe or dispense controlled substances.

(b) The Attorney General for:

1. Medicaid fraud cases involving prescribed controlled substances.

2. An active investigation or pending civil or criminal litigation involving prescribed controlled substances, other than Medicaid fraud cases, upon the granting of a petition or motion by a trial court which specifically identifies the active or pending matter. The Attorney General shall ensure that information obtained under this subparagraph is not used for any purpose other than the specific matter stated in the petition or motion. Notice to any party regarding such petition or motion is not required, except in cases of pending civil litigation. The trial court shall grant the petition or motion and authorize release of information when the information appears reasonably calculated to lead to the discovery of admissible evidence. The department may not release any patient information pursuant to this subparagraph other than the patient’s unique identifier assigned pursuant to paragraph (2)(b), year of birth, and the county, city, and zip code where the patient resides, consistent with the provisions of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations. The Attorney General shall maintain a log of each person with whom the information is shared to document the chain of custody, execute a confidentiality agreement or an agreement bound by a protective order with each such person, ensure that the information is maintained in a secure manner, and require each such person to return all information or certify its destruction under penalty of perjury to the Attorney General upon the final resolution of the matter for which the information was requested.

(c) A law enforcement agency during active investigations of potential criminal activity, fraud, or theft regarding prescribed controlled substances.

(d) A medical examiner when conducting an authorized investigation under s. 406.11, to determine the cause of death of an individual.

(e) An impaired practitioner consultant who is retained by the department under s. 456.076 to review the system information of an impaired practitioner program participant or a referral who has agreed to be evaluated or monitored through the program and who has separately agreed in writing to the consultant’s access to and review of such information.

Section 893.0551(3)(d)-(h), Florida Statutes, provides:

(d) The department and its relevant health care regulatory boards for investigations involving licensees authorized to prescribe or dispense controlled substances. The department or health care regulatory board may request information from the program but may not have direct access to its system. The department may provide to a law enforcement agency pursuant to ss. 456.066 and 456.073 only information that is relevant to the specific controlled substances investigation that prompted the request for the information.

(e) The Attorney General or his or her designee:

1. When working on Medicaid fraud cases involving prescribed controlled substances or when the Attorney General has initiated a review of specific identifiers of Medicaid fraud or specific identifiers that warrant a Medicaid investigation regarding prescribed controlled substances. The Attorney General’s Medicaid fraud investigators may not have direct access to the department’s system. The Attorney General or his or her designee may disclose to a criminal justice agency, as defined in s. 119.011, only the information received from the department that is relevant to an identified active investigation that prompted the request for the information.

2. Upon a court order authorizing the release of patient information under s. 893.055(5)(b)2.

(f) A law enforcement agency that has initiated an active investigation involving a specific violation of law regarding prescription drug abuse or diversion of prescribed controlled substances and that has entered into a user agreement with the department. A law enforcement agency may request information from the department but may not have direct access to its system. The law enforcement agency may disclose to a criminal justice agency, as defined in s. 119.011, only information received from the department that is relevant to an identified active investigation that prompted the request for such information.

(g) A district medical examiner or associate medical examiner, as described in s. 406.06, pursuant to his or her official duties, as required by s. 406.11, to determine the cause of death of an individual. Such medical examiners may request information from the department but may not have direct access to the system.

(h) An impaired practitioner consultant who has been authorized in writing by a participant in, or by a referral to, the impaired practitioner program to access and review information as provided in s. 893.055(5)(e).

Rules

 64K-1.003(6)-(7), Florida Administrative Code, provides:

(6)(a) Law enforcement and other agencies that do not have direct access to E-FORSCE^® may request information from the program manager by having the agency head or a person appointed by the agency head for this purpose execute an “Agency User Agreement,” DH8017-PDMP, effective 7/2019, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11367. If approved, the program manager will execute and return the agreement to the agency.

(b) After approval of the “Agency User Agreement,” each agency head or person appointed by the agency head for this purpose shall appoint an agency administrator with an “Agency Administrator Appointment Form,” DH8010-PDMP, effective 5/2019, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11368. The agency administrator may register at https://florida.pmpaware.net/login. Prior to registration, each agency administrator must review the “PMP AWARxE Law Enforcement and Regulatory User Support Manual,” DH8012-PDMP, effective 6/2019, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-11369 and the “Information Security and Privacy Training Course,” and complete the “Authorized User Certification Form”, DH8025-PDMP, effective 7/2019, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11370. The agency administrator shall maintain the “Authorized User Certification Form” for the duration of the appointment and make it available for examination upon request of the program manager. Upon registration, the agency administrator will upload the “Agency User Agreement” and the “Agency Administrator Appointment Form.” Registration denials, stating the reason for the denial, will be emailed to the unsuccessful registrant.

(c) Each agency head or person appointed by the agency head for this purpose shall immediately notify the program manager or support staff of a change in the agency administrator. Authority to request and receive information from E-FORCSE^® shall be suspended during an agency administrator vacancy.

(d) A designee of an agency administrator may register at https://florida.pmpaware.net/login. A registered designee will not have access to E-FORCSE^® until the agency administrator affirmatively accepts responsibility for the designee and links the designee to the agency administrator’s account as described in the “PMP AWARxE Law Enforcement and Regulatory User Support Manual.” The linking process will require the agency administrator to certify that the designee has reviewed the “PMP AWARxE Law Enforcement and Regulatory User Support Manual” and the “E-FORCSE^® Information Security and Privacy Training Course.” The designee must provide a printed copy of the “Authorized User Certification Form” to the agency administrator who shall maintain it for the duration of the appointment and make it available for examination upon request of the program manager. Registration denials, stating the reason for the denial, will be emailed to the unsuccessful registrant.

(e) An authorized law enforcement user must have actual knowledge of an active investigation as defined by Section 893.055(1)(a), F.S., prior to submitting a request and is prohibited from requesting information on behalf of another law enforcement agency or entity.

(f) Each agency administrator shall immediately update user access permissions upon separation or reassignment of users and immediately update user access permissions upon discovery of negligence, improper or unauthorized use or dissemination of information and promptly notify the program manager or support staff by email.

(g) Prior to the release of information in active investigations or pending civil or criminal litigation involving prescribed controlled substances, the Attorney General or his or her designee must upload evidence of the trial court granting the petition or motion which specifically identifies the active or pending matter leading to the discovery of admissible evidence.

(7)(a) Impaired practitioner consultants do not have direct access to E-FORCSE^® but may request and review information relating to persons referred to or participating in the approved impaired practitioner programs by having the Medical Director or Executive Director of the impaired practitioner program execute an “Impaired Practitioner Consultant User Agreement,” DH8020-PDMP, effective 7/2016, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07632. If approved, the program manager will execute and return the agreement to the Medical Director or Executive Director of the impaired practitioner program.

(b) The impaired practitioner consultant shall immediately notify the program manager or support staff of a change of Medical Director or Executive Director. Authority to request and receive information from E-FORCSE^® shall be suspended while the position of Medical Director or Executive Director is vacant.

(c) Upon approval of the impaired practitioner consultant user agreement, the Medical Director or Executive Director of the approved practitioner program may appoint up to three (3) authorized users who are employees of the impaired practitioner consultant to request and receive information on behalf of the impaired practitioner program using an “Impaired Practitioner Program Authorized User Appointment Form,” DH8022-PDMP, effective 7/2016, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07633. Prior to appointment, each authorized user must review the “Training Guide for Impaired Practitioner Consultants,” DH8021-PDMP, effective 7/2018, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10122. Certification of this review is required before registration can be completed. The authorized user must provide a printed copy of this certification to the Medical Director or Executive Director of the impaired practitioner program 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 from E-FORCSE^®. Registration denials, stating the reason for the denial, will be emailed to the Medical Director or Executive Director.

(d) The Medical Director or Executive Director of the impaired practitioner consultant shall immediately notify the program manager or support staff by email of authorized user changes and verify the list of authorized users on or immediately prior to June 30 of each year.

(e) The person referred to or participating in the impaired practitioner program must provide written authorization for the impaired practitioner consultant to request and review information from E-FORCSE^® relating to that person. The referred or participating person shall use the “Authorization for Impaired Practitioner Consultant Access,” Form DH8023-PDMP, effective 7/2016, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07635, to provide this authorization. The impaired practitioner consultant or authorized user must upload the executed authorization form with the request for information from E-FORCSE^® relating to the referred or participating person. Each access for a referred person requires a new authorization form. Authorizations for impaired practitioner program participants can be in effect no longer than the duration of the monitoring contract with the impaired practitioner program. If approved, the program manager will return the information on the referred or participating person from E-FORCSE^® to the impaired practitioner consultant or authorized user. If denied, the program manager will notify the impaired practitioner consultant or authorized user with the reason for the denial.

(f) Impaired practitioner program consultants and authorized users may only query information relating to the referred or participating person who has given authorization to access the information, and not any prescriber or dispenser. An impaired practitioner program consultant may make a notation of the query in the impaired practitioner program file.

(g) Information in E-FORCSE^® relating to referred and participating persons accessed by impaired practitioner consultants and authorized users is confidential and exempt and shall not be disclosed or transmitted to any other person, program or entity, including the Department. To prevent inadvertent disclosure, the information should not be included in the referred or participating person’s impaired practitioner program file, downloaded or printed.