CODING: Words stricken are deletions; words underlined are additions.

House Bill 1995

Florida House of Representatives - 1997 HB 1995 By Representative Bloom 1 A bill to be entitled 2 An act relating to public records; providing 3 that information obtained for the purpose of 4 creating practitioner profiles is exempt from 5 public records disclosure; providing for 6 disclosure of certain information when a 7 profile is made public; providing for future 8 review and repeal; providing findings of public 9 necessity; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Any patient name or other information that 14 identifies a patient which is in a record obtained by the 15 Department of Health or its agent for the purpose of compiling 16 a practitioner profile is confidential and exempt from the 17 provisions of chapter 119, Florida Statutes, and s. 24(a), 18 Art. I of the State Constitution. Other data received by the 19 department or its agent as a result of its duty to compile and 20 promulgate practitioner profiles are confidential and exempt 21 from the provisions of chapter 119, Florida Statutes, and s. 22 24(a), Art. I of the State Constitution until the profile into 23 which the data are incorporated or with respect to which the 24 data are submitted is made public. Any information or record 25 that the Department of Health obtains from the Agency for 26 Health Care Administration or any other governmental entity 27 for the purpose of compiling a practitioner profile or 28 substantiating other information or records submitted for that 29 purpose and that was exempt from the provisions of chapter 30 119, Florida Statutes, and s. 24(a), Art. I of the State 31 Constitution does not lose that character by coming into the 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1995 252-344A-97 1 possession of the Department of Health, and such information 2 or record continues to be exempt from the provisions of 3 chapter 119, Florida Statutes, and s. 24(a), Art. I of the 4 State Constitution. This section is subject to the Open 5 Government Sunset Review Act of 1995 in accordance with s. 6 119.15, Florida Statutes, and shall stand repealed on October 7 2, 2002, unless reviewed and saved from repeal through 8 reenactment by the Legislature. 9 Section 2. The Legislature finds that public release 10 of a patient's name or any other information that identifies a 11 patient in a record obtained by the Department of Health or 12 its agent for purposes of compiling a practitioner profile may 13 adversely affect the integrity and trust of the 14 physician-patient relationship and may deter affected parties 15 from seeking needed health care services; therefore, it is a 16 matter of public necessity to protect the confidentiality of 17 such information. The Legislature further finds that, because 18 of the nature of the data submitted to the Department of 19 Health or its agent for purposes of constructing practitioner 20 profiles, the necessity of ensuring the accuracy of those 21 data, the need to refrain from unnecessarily affecting the 22 livelihood of persons who are the subject of practitioner 23 profiles, and the need to maintain the integrity and trust of 24 the physician-patient relationship without unwarranted 25 aspersions on the professional competence and ability of these 26 persons, it is a matter of public necessity to protect the 27 confidentiality of the data during the period of their 28 verification. The Legislature further finds that the need to 29 learn or verify information about health care practitioners, 30 though furthering a state interest, does not override the 31 public policy determinations made to exempt certain 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1995 252-344A-97 1 information from public disclosure and that records so 2 exempted should retain that status when obtained and used by 3 another governmental entity. 4 Section 3. This act shall take effect upon becoming a 5 law. 6 7 ***************************************** 8 HOUSE SUMMARY 9 Provides that patient records or other information that 10 identifies a patient which is obtained by the Department of Health or its agent for the purpose of constructing a 11 practitioner profile for certain medical practitioners is exempt from public records disclosure. Provides that 12 information or records obtained from another governmental entity to construct, or verify information submitted for 13 constructing, a practitioner profile which is already exempt from public records disclosure remains so. 14 Provides that other data obtained by the department or its agent for that purpose are exempt from public records 15 disclosure until the profile constructed from such data is made available to the public. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3