The Florida Senate

¹381.0273  Public records exemption for patient safety data.--

(1)  Information that identifies a patient and that is contained in patient safety data, as defined in s. 766.1016, or in other records held by the Florida Patient Safety Corporation and its subsidiaries, advisory committees, or contractors pursuant to s. 381.0271 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Personal identifying information made confidential and exempt from disclosure by this subsection may be disclosed only:

(a)  With the express written consent of the patient or the patient's legally authorized representative in compliance with any federal or state law;

(b)  By court order upon a showing of good cause; or

(c)  To a health research entity if the entity seeks the records or data pursuant to a research protocol approved by the corporation, maintains the records or data in accordance with the approved protocol, and enters into a purchase and data-use agreement with the corporation, the fee provisions of which are consistent with s. 119.07(1)(a). The corporation may deny a request for records or data that identify the patient if the protocol provides for intrusive follow-back contacts, has not been approved by a human studies institutional review board, does not plan for the destruction of confidential records after the research is concluded, or does not have scientific merit. The agreement must prohibit the release of any information that would permit the identification of any patient, must limit the use of records or data in conformance with the approved research protocol, and must prohibit any other use of the records or data. Copies of records or data issued pursuant to this paragraph remain the property of the corporation.

(2)  Information that identifies the person or entity that reports patient safety data, as defined in s. 766.1016, to the corporation and that is contained in patient safety data or in other records held by the Florida Patient Safety Corporation and its subsidiaries, advisory committees, or contractors pursuant to s. 381.0271 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Information that identifies a person or entity reporting patient safety data made confidential and exempt from disclosure by this subsection may be disclosed only:

(a)  With the express written consent of the person or entity reporting the patient safety data to the corporation;

(b)  By court order upon a showing of good cause; or

(c)  To a health research entity if the entity seeks the records or data pursuant to a research protocol approved by the corporation, maintains the records or data in accordance with the approved protocol, and enters into a purchase and data-use agreement with the corporation, the fee provisions of which are consistent with s. 119.07(1)(a). The corporation may deny a request for records or data that identify the person or entity reporting patient safety data if the protocol provides for intrusive follow-back contacts, has not been approved by a human studies institutional review board, does not plan for the destruction of confidential records after the research is concluded, or does not have scientific merit. The agreement must prohibit the release of any information that would permit the identification of persons or entities that report patient safety data, must limit the use of records or data in conformance with the approved research protocol, and must prohibit any other use of the records or data. Copies of records or data issued pursuant to this paragraph remain the property of the corporation.

(3)  Information that identifies a health care practitioner or health care facility which is held by the Florida Patient Safety Corporation and its subsidiaries, advisory committees, or contractors pursuant to s. 381.0271, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Information that identifies a health care practitioner or health care facility and that is contained in patient safety data made confidential and exempt from disclosure by this subsection may be disclosed only:

(a)  With the express written consent of the health care practitioner or health care facility;

(b)  By court order upon a showing of good cause; or

(c)  To a health research entity if the entity seeks the records or data pursuant to a research protocol approved by the corporation, maintains the records or data in accordance with the approved protocol, and enters into a purchase and data-use agreement with the corporation, the fee provisions of which are consistent with s. 119.07(1)(a). The corporation may deny a request for records or data that identify the person or entity reporting patient safety data if the protocol provides for intrusive follow-back contacts, has not been approved by a human studies institutional review board, does not plan for the destruction of confidential records after the research is concluded, or does not have scientific merit. The agreement must prohibit the release of any information that would permit the identification of persons or entities that report patient safety data, must limit the use of records or data in conformance with the approved research protocol, and must prohibit any other use of the records or data. Copies of records or data issued under this paragraph remain the property of the corporation.

(4)  Any portion of a meeting held by the Florida Patient Safety Corporation and its subsidiaries, advisory committees, or contractors during which information is discussed which is confidential and exempt from disclosure pursuant to this section is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution. Subsections (1) and (2) apply to those portions of the minutes of such meetings which contain information made confidential and exempt from disclosure by this section.

History.--ss. 1, 2, ch. 2004-70.

¹Note.--Section 2, ch. 2004-70, provides that "[s]ection 381.0273, Florida Statutes, is subject to the Open Government Sunset Review Act of 1995 in accordance with section 119.15, Florida Statutes, and shall stand repealed on October 2, 2009, unless reviewed and saved from repeal through reenactment by the Legislature."