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The Florida Department of Health works to protect, promote & improve the health of all people in Florida through integrated state, county, & community efforts.

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Law Enforcement and Investigative Agencies

E-FORCSE, Florida Prescription Drug Monitoring Program

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 Medicaid fraud cases involving prescribed controlled substances.

(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)-(g), 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 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.

(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.

Rules

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

(6)(a) Entities 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 7/2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06462. 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,” DH 8010-PDMP, effective 1/2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06457. Approved administrators will be notified and provided instructions for appointing authorized users.

(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) Each agency administrator may appoint authorized users to request and receive information on behalf of the agency using an “Agency Authorized User Appointment Form,” DH-8015-PDMP, effective 1/2015, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06460. Prior to appointment each authorized user must review the “Training Guide for Enforcement and Investigative Agencies,” DH-8012-PDMP, effective 7/2018, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10121, and the “E-FORCSE® Information Security and Privacy Training Course, effective 7/2016, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07631. Certification of these reviews is required before registration can be completed. The authorized user must provide printed copies of the certifications from both courses 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 from E-FORCSE®.

(e) An authorized 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 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.

(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.