Current through Reg. 51, No. 122; June 24, 2025
(1) Definitions:
(a) "Authenticate, Authenticated, or
Authentication" means a confirmation of the authorized user's credentials by
the prescription drug monitoring program of a state, district or
territory.
(b) "Designee" means a
person, preferably a licensed or certified health care professional, appointed
to act as an agent of a prescriber or dispenser for the purposes of requesting
or receiving information from the Prescription Drug Monitoring Program
database, E-FORCSE®.
(c) "E-FORCSE®" is the comprehensive
electronic database system established by the Department of Health that has
controlled substance prescribing and dispensing information reported to it and
that provides the information to persons and entities allowed by law to access,
request and receive this information.
(d) "Electronic health record" is an
electronic or digital version of a patient's medical history, maintained over
time and may include all of the key administrative clinical data relevant to
that person's medical care under a particular provider, including demographics,
progress notes, problems, medications, vital signs, past medical history,
immunizations, laboratory data and radiology reports. The electronic health
record uses computer hardware and software for the storage, retrieval, sharing
and use of health care information and data.
(e) "Impaired practitioner consultant" means
an impaired practitioner program designated by the department through contract
with a consultant to evaluate, refer and monitor impaired practitioners. The
department has designated the Intervention Project for Nurses (IPN) and
Professionals Resource Network (PRN) as the Approved Impaired Practitioner
Programs.
(f) "Order" means a
written, transmitted or oral direction from a prescriber for a controlled
substance to be administered to a patient.
(g) "Prescribe" means the act of a prescriber
issuing, writing or transmitting a direction to a pharmacist to dispense a
specified controlled substance to a specified patient.
(2) Pharmacists, prescribers and dispensers,
or their designees, are required to access and consult
E-FORCSE® to review a patient's controlled
substance dispensing history each time a controlled substance, other than a
nonopioid drug listed on Schedule V, is prescribed or dispensed, but not
ordered, for a patient age 16 or older unless a statutory exception
applies.
(3)
(a) Pharmacists, prescribers and dispensers
licensed in Florida may directly access the information in
E-FORCSE® by registering at
https://florida.pmpaware.net/login.
A pharmacist, prescriber or dispenser must review the "PMP
AWARxE® Requestor User Support Manual, Florida
Prescription Drug Monitoring Program, Version 3.0" DH8009-PDMP, effective
5/2022, which is incorporated by reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15670,
prior to registering. Registration denials, stating the reason for denial, will
be emailed to the unsuccessful registrant.
(b) A prescriber or dispenser licensed to
practice in the state of Florida may request and receive information from
E-FORCSE® using a secure recordkeeping system
integration associated with his or her electronic health record. If the user is
authenticated, E-FORCSE® will return query
results to the authorized user's electronic health record.
(c) Prescribers and dispensers licensed in
states, districts or territories other than Florida, may directly access
information in E-FORCSE® using an approved
secure recordkeeping system integration associated with his or her electronic
health record if:
1. The prescribers and
dispensers are practicing in a state, district or territory where the
Department has entered into a reciprocal interstate data sharing agreement,
and;
2. The prescriber or
dispenser, is accessing the information through an approved secure
recordkeeping system integration associated with his or her electronic health
record or pharmacy management system which authenticates the user's credentials
by the prescription drug monitoring program.
(4)
(a) A
designee of a prescriber or dispenser may directly access the information in
E-FORCSE® by registering at
https://florida.pmpaware.net/login.
A designee must review the "PMP AWARxE®
Requestor User Support Manual" prior to registration.
(b) A registered designee will not have
access to E-FORCSE® until the designating
prescriber or dispenser affirmatively accepts responsibility for the designee
and links the designee to a pharmacy, prescriber or dispenser
E-FORCSE® account as described in the "PMP
AWARxE® Requestor User Support Manual." The
linking process will require the prescriber or dispenser to certify that the
designee has reviewed the "PMP AWARxE® Requestor
User Support Manual".
(c)
Registered designees who do not access E-FORCSE®
for a period in excess of one year will be deactivated. Deactivated designees
may request activation by sending a request to
e-forcse@flhealth.gov.
(5) Prescribers and dispensers and their
designees employed by the United States Department of Veterans Affairs (DVA),
United States Department of Defense (DOD), and the Indian Health Service (IHS)
who are authorized to prescribe or dispense controlled substance and are not
licensed in Florida but provide health care services to patients in this state
pursuant to such employment, may directly access
E-FORCSE® by registering at
https://florida.pmpaware.net/login.
An employee of the DVA, DOD and IHS must review the "PMP AWARxE Requestor User
Support Manual" prior to registering. Registration denials, stating the reason
for the denial, will be emailed to the unsuccessful registrant.
(a) A registered employee of the DVA, DOD,
and IHS will not have access to E-FORCSE® until
his or her employment is verified.
(b) Direct access to the information in
E-FORCSE® is limited to the information that
relates to a patient of such employee and may be accessed only for the purpose
of reviewing that patient's controlled substance prescription
history.
(c) A prescriber or
dispenser or designee employed by the DVA, DOD or IHS that is an authorized
E-FORCSE® user must notify
E-FORSCE® within 30 days of termination of
employment.
(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 3/2023, incorporated by reference and
available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15671.
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[TM] Law Enforcement and Regulatory User
Support Manual, " DH8012-PDMP, effective 7/2021, incorporated by reference and
available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15672
and the "E-FORCSE® Information Security and
Privacy Training Course, " (Florida Department of Law Enforcement, 2014)
available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15675
or
https://360.articulate.com/review/content/af6873e1-d7e7-4f35-b68d-ce2f0d834d52/review,
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 3/2023, incorporated by reference and
available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15673.
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.
(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.
(8) A patient or the legal guardian or
designated health care surrogate of an incapacitated patient may request
information from E-FORCSE® to verify the
accuracy of the information by contacting the Prescription Drug Monitoring
Program by mail at 4052 Bald Cypress Way, Bin #C-16, Tallahassee, FL
32399-3254, or by telephone at (850)245-4797 and submitting form DH 2143,
"Patient Information Request, " effective 7/2018, incorporated by reference and
available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10123.
Rulemaking Authority, 893.055 FS. Law Implemented 893.055,
893.0551 FS.
New 11-24-11, Amended 2-17-16, 2-14-17, 12-19-18, 12-11-19,
8-8-23.