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Senate Bill 0364

Florida Senate - 1998 SB 364 By the Committee on Health Care 317-406-98 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.07, F.S., relating to inspection, 4 examination, and duplication of records; 5 exempting identifying information pertaining to 6 natural persons in health, medical, patient, or 7 insurance records from the public records law; 8 providing exceptions; amending s. 286.011, 9 F.S., relating to public meetings; exempting 10 from public discussion portions of public 11 meetings during which the contents of health, 12 medical, patient, or insurance information 13 pertaining to a natural person are considered; 14 providing exceptions; amending s. 296.09, F.S., 15 relating to veterans residing in the Veterans' 16 Domiciliary Home of Florida; deleting an 17 exemption from the public records law relating 18 to health records and annual reevaluations; 19 amending s. 310.102, F.S., relating to 20 treatment programs for impaired pilots and 21 deputy pilots; deleting an exemption from the 22 public records law for information about a 23 licensee obtained by a probable cause panel 24 from a consultant; amending s. 383.32, F.S., 25 relating to birth center clinical records; 26 deleting an exemption of clinical records of 27 birth center clients from the public records 28 law; amending s. 394.4615, F.S., relating to 29 mental health; deleting an exemption of 30 clinical records of mental health patients from 31 the public records law; amending s. 400.494, 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 364 317-406-98 1 F.S., relating to home health agencies; 2 deleting an exemption of clinical records of 3 home health patients from the public records 4 law; amending s. 400.611, F.S., relating to 5 hospice; deleting an exemption of information 6 obtained from a patient record by a state 7 agency from the public records law; amending s. 8 408.001, F.S., relating to the Florida Health 9 Care Purchasing Cooperative; deleting an 10 exemption of patient medical records and other 11 similar records from the public records law; 12 amending s. 760.40, F.S., relating to 13 discriminatory use of genetic test results; 14 deleting an exemption of certain information 15 obtained through genetic testing from the 16 public records law; repealing s. 400.0077, 17 F.S., relating to resident records held by 18 state and district long-term-care ombudsmen; 19 repealing s. 440.125, F.S., relating to 20 confidentiality of workers' compensation 21 medical records and reports and identifying 22 information in employee medical bills; 23 providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Present paragraphs (w), (x), (y), (z), 28 (aa), and (bb) of subsection (3) of section 119.07, Florida 29 Statutes, are redesignated as paragraphs (x), (y), (z), (aa), 30 (bb), and (cc), respectively, and a new paragraph (w) is added 31 to that subsection to read: 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 364 317-406-98 1 119.07 Inspection, examination, and duplication of 2 records; exemptions.-- 3 (3) 4 (w) Any identifying information pertaining to a 5 natural person which is contained in a health, medical, 6 patient, or insurance record is exempt from subsection (1) and 7 s. 24(a), Art. I of the State Constitution. However, such 8 information may be disclosed if the person to whom the 9 information pertains or the person's legal representative 10 provides written permission or if a court of competent 11 jurisdiction orders disclosure. 12 Section 2. Subsection (1) of section 286.011, Florida 13 Statutes, is amended and subsection (9) is added to that 14 section to read: 15 286.011 Public meetings and records; public 16 inspection; criminal and civil penalties.-- 17 (1) All meetings of any board or commission of any 18 state agency or authority or of any agency or authority of any 19 county, municipal corporation, or political subdivision, 20 except as otherwise provided in the Constitution and 21 subsection (9), at which official acts are to be taken are 22 declared to be public meetings open to the public at all 23 times, and no resolution, rule, or formal action shall be 24 considered binding except as taken or made at such meeting. 25 The board or commission must provide reasonable notice of all 26 such meetings. 27 (9) A portion of a meeting that is declared a public 28 meeting open to the public under subsection (1) during which 29 the contents of a health, medical, patient, or insurance 30 record pertaining to a natural person or containing 31 information provided by a natural person about the person who 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 364 317-406-98 1 is the subject of the record is discussed shall be closed to 2 the public unless such persons or their legal representatives 3 have given their written consent for public discussion or a 4 court of competent jurisdiction orders public discussion. 5 Section 3. The Legislature finds that it is a public 6 necessity that identifying information concerning a natural 7 person included in health, medical, patient, and insurance 8 records when such records are held by a governmental agency be 9 exempt from the public records law, as provided in section 10 119.07, Florida Statutes, and the public meetings law, as 11 provided in section 286.011, Florida Statutes. The Legislature 12 finds that the residents of Florida benefit from the 13 preservation of their privacy and protection from aimless, 14 casual, or sensationalized public scrutiny of personal, 15 sensitive information about their physical or mental status. 16 Furthermore, health care professionals and individuals 17 identified in health, medical, patient, or insurance records 18 as the sources of information should be assured protection of 19 their identities from disclosure, unless for reasons of sound 20 public policy disclosure is appropriate. Protection from 21 aimless, casual, or sensationalized disclosure of the identity 22 of health care professionals and other individuals who furnish 23 information held in health, medical, patient, or insurance 24 records will promote the willingness of health care 25 professionals to consult on difficult cases. Such protection 26 will encourage individuals who are not health care 27 professionals to willingly provide crucial, but sensitive, 28 information personally known to them about others that may 29 contribute to the successful care and treatment of others 30 receiving health or medical services. Therefore, the 31 Legislature finds that the harm of disclosure of the identity 4 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 364 317-406-98 1 of a natural person who is the subject of a health, medical, 2 patient, or insurance record, of health care professionals, 3 and of individuals who are not health care professionals 4 substantially outweighs the public benefit in allowing such 5 disclosure. 6 Section 4. Subsection (1) of section 296.09, Florida 7 Statutes, is amended to read: 8 296.09 Health record and general register to be 9 maintained.-- 10 (1) A health record for each member shall be 11 maintained and shall contain an identification sheet, a 12 medical history, a report of initial physical examination, and 13 subsequent records of treatment and progress, including 14 medications, diets, and consultations. An annual reevaluation 15 of the member's health status shall be conducted and recorded. 16 The health record and the annual reevaluation are confidential 17 and exempt from the provisions of s. 119.07(1) and s. 24(a), 18 Art. I of the State Constitution, and shall be preserved for a 19 period of time as determined by the director. 20 Section 5. Subsection (3) of section 310.102, Florida 21 Statutes, is amended to read: 22 310.102 Treatment programs for impaired pilots and 23 deputy pilots.-- 24 (3)(a) Whenever the department receives a written or 25 oral legally sufficient complaint alleging that a pilot or 26 deputy pilot licensed or certificated by the department is 27 impaired as a result of the misuse or abuse of alcohol or 28 drugs, or both, or due to a mental or physical condition which 29 could affect the pilot's or deputy pilot's ability to practice 30 with skill and safety, and no complaint against the pilot or 31 deputy pilot other than impairment exists, the reporting of 5 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 364 317-406-98 1 such information shall not constitute a complaint within the 2 meaning of s. 455.255 if the probable cause panel finds: 3 1. The pilot or deputy pilot has acknowledged the 4 impairment problem. 5 2. The pilot or deputy pilot has voluntarily enrolled 6 in an appropriate, approved treatment program. 7 3. The pilot or deputy pilot has voluntarily withdrawn 8 from piloting or limited the scope of piloting as determined 9 by the panel, in each case, until such time as the panel is 10 satisfied the pilot or deputy pilot has successfully completed 11 an approved treatment program. 12 4. The pilot or deputy pilot has executed releases for 13 medical records, authorizing the release of all records of 14 evaluations, diagnoses, and treatment of the pilot or deputy 15 pilot, including records of treatment for emotional or mental 16 conditions, to the consultant. The consultant shall make no 17 copies or reports of records that do not regard the issue of 18 the pilot's or deputy pilot's impairment and his or her 19 participation in a treatment program. 20 (b) If, however, the pilot or deputy pilot agrees to 21 withdraw from piloting until such time as the consultant 22 determines the pilot or deputy pilot has satisfactorily 23 completed an approved treatment program or evaluation, the 24 probable cause panel shall not become involved in the pilot's 25 or deputy pilot's case. 26 (c) Inquiries related to impairment treatment programs 27 designed to provide information to the pilot or deputy pilot 28 and others and which do not indicate that the pilot or deputy 29 pilot presents a danger to the public shall not constitute a 30 complaint within the meaning of s. 455.255 and shall be exempt 31 from the provisions of this subsection. 6 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 364 317-406-98 1 (d) Whenever the department receives a legally 2 sufficient complaint alleging that a pilot or deputy pilot is 3 impaired as described in paragraph (a) and no complaint 4 against the pilot or deputy pilot other than impairment 5 exists, the department shall forward all information in its 6 possession regarding the impaired pilot or deputy pilot to the 7 consultant. 8 (e) The probable cause panel shall work directly with 9 the consultant, and all information concerning a licensee 10 obtained by the panel from the consultant shall remain 11 confidential and exempt from the provisions of s. 119.07(1) 12 and s. 24(a), Art. I of the State Constitution, subject to the 13 provisions of subsections (5) and (6). 14 (f) A finding of probable cause shall not be made as 15 long as the panel is satisfied, based upon information it 16 receives from the consultant and the department, that the 17 pilot or deputy pilot is progressing satisfactorily in an 18 approved treatment program. 19 Section 6. Subsection (3) of section 383.32, Florida 20 Statutes, is amended to read: 21 383.32 Clinical records.-- 22 (3) Clinical records shall be kept confidential in 23 accordance with s. 455.667 s. 455.241 and exempt from the 24 provisions of s. 119.07(1). A client's clinical records shall 25 be open to inspection only under the following conditions: 26 (a) A consent to release information has been signed 27 by the client; or 28 (b) The review is made by the department for a 29 licensure survey or complaint investigation. 30 Section 7. Subsection (1) of section 394.4615, Florida 31 Statutes, is amended to read: 7 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 364 317-406-98 1 394.4615 Clinical records; confidentiality.-- 2 (1) A clinical record shall be maintained for each 3 patient. The record shall include data pertaining to 4 admission and such other information as may be required under 5 rules of the department. A clinical record is confidential 6 and exempt from the provisions of s. 119.07(1). Unless waived 7 by express and informed consent, by the patient or the 8 patient's guardian or guardian advocate or, if the patient is 9 deceased, by the patient's personal representative or the 10 family member who stands next in line of intestate succession, 11 the confidential status of the clinical record shall not be 12 lost by either authorized or unauthorized disclosure to any 13 person, organization, or agency. 14 Section 8. Section 400.494, Florida Statutes, is 15 amended to read: 16 400.494 Information about patients 17 confidential.--Information about patients received by persons 18 employed by, or providing services to, a home health agency or 19 received by the licensing agency through reports or inspection 20 shall be confidential and exempt from the provisions of s. 21 119.07(1) and shall not be disclosed to any person other than 22 the patient without the written consent of that patient or the 23 patient's guardian. 24 Section 9. Subsection (3) of section 400.611, Florida 25 Statutes, is amended to read: 26 400.611 Interdisciplinary records of care; 27 confidentiality.-- 28 (3) Patient records of care are confidential. A 29 hospice may not release a record or any portion thereof, 30 unless: 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 364 317-406-98 1 (a) A patient or legal guardian has given express 2 written informed consent; 3 (b) A court of competent jurisdiction has so ordered; 4 or 5 (c) A state or federal agency, acting under its 6 statutory authority, requires submission of aggregate 7 statistical data. Any information obtained from patient 8 records by a state agency pursuant to its statutory authority 9 is confidential and exempt from the provisions of s. 10 119.07(1). 11 Section 10. Paragraph (a) of subsection (4) of section 12 408.001, Florida Statutes, is amended to read: 13 408.001 Florida Health Care Purchasing Cooperative.-- 14 (4) CONFIDENTIALITY.-- 15 (a) Patient medical records, patient insurance 16 records, and portions of any other records obtained or 17 generated by the cooperative which contain information that is 18 patient-specific or that otherwise identifies a patient, 19 either directly or indirectly, are confidential and exempt 20 from s. 119.07(1) and s. 24(a), Art. I of the State 21 Constitution. 22 Section 11. Paragraph (a) of subsection (2) of section 23 760.40, Florida Statutes, is amended to read: 24 760.40 Genetic testing; informed consent; 25 confidentiality.-- 26 (2)(a) Except for purposes of criminal prosecution, 27 except for purposes of determining paternity as provided in s. 28 742.12(1), and except for purposes of acquiring specimens from 29 persons convicted of certain offenses as provided in s. 30 943.325, DNA analysis may be performed only with the informed 31 consent of the person to be tested, and the results of such 9 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 364 317-406-98 1 DNA analysis, whether held by a public or private entity, are 2 the exclusive property of the person tested, are confidential, 3 and may not be disclosed without the consent of the person 4 tested. Such information held by a public entity is exempt 5 from the provisions of s. 119.07(1) and s. 24(a), Art. I of 6 the State Constitution. 7 Section 12. Sections 400.0077, 440.125, Florida 8 Statutes, are repealed. 9 Section 13. This act shall take effect upon becoming a 10 law. 11 12 ***************************************** 13 SENATE SUMMARY 14 Exempts from the public records law any identifying information pertaining to a natural person which is 15 contained in a health, medical, patient, or insurance record. Permits disclosure of such information if the 16 person to whom the information pertains or the person's legal representative provides written permission or if a 17 court orders disclosure. Requires that any portion of a public meeting at which such information is discussed be 18 closed to the public unless consent is given or a court orders public discussion. Provides a finding of public 19 necessity to support such exemptions from the public records and meetings law. Deletes an exemption from the 20 public records law for health records and annual reevaluation of veterans in the Veterans' Domiciliary 21 Home of Florida. Deletes an exemption for information about an impaired licensed pilot or deputy pilot relating 22 to treatment which is obtained by a probable cause panel from a consultant. Deletes an exemption for clinical 23 records of birth center clients, mental health patients, home health patients, hospice patients, and patients of 24 the Florida Health Care Purchasing Cooperative. Deletes an exemption for certain information obtained through 25 genetic testing. Repeals s. 400.0077, F.S., relating to resident records of long-term-care ombudsmen. Repeals s. 26 440.125, F.S., relating to the confidentiality of workers' compensation medical records and reports. 27 28 29 30 31 10