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