Senate Bill 0918

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



    Florida Senate - 1998                                   SB 918

    By Senator Gutman





    34-761-98

  1                      A bill to be entitled

  2         An act relating to patient records; amending s.

  3         395.3025, F.S.; deleting a requirement that

  4         patient records be disclosed upon court

  5         subpoena in a criminal action unless otherwise

  6         prohibited; requiring that patient records be

  7         disclosed to a state attorney's office upon

  8         certain conditions; authorizing charges for

  9         providing such disclosure; providing an

10         effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Subsection (4) of section 395.3025, Florida

15  Statutes, is amended to read:

16         395.3025  Patient and personnel records; copies;

17  examination.--

18         (4)  Patient records are confidential and must not be

19  disclosed without the consent of the person to whom they

20  pertain, but appropriate disclosure may be made without such

21  consent to:

22         (a)  Licensed facility personnel and attending

23  physicians for use in connection with the treatment of the

24  patient.

25         (b)  Licensed facility personnel only for

26  administrative purposes or risk management and quality

27  assurance functions.

28         (c)  The agency, for purposes of health care cost

29  containment.

30         (d)  In any civil or criminal action, unless otherwise

31  prohibited by law, upon the issuance of a subpoena from a

                                  1

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






    Florida Senate - 1998                                   SB 918
    34-761-98




  1  court of competent jurisdiction and proper notice by the party

  2  seeking such records to the patient or his or her legal

  3  representative.

  4         (e)  A state attorney's office, pursuant to a criminal

  5  investigation upon the issuance of a subpoena by the state

  6  attorney's office. The charges for producing records in this

  7  section, pursuant to a state attorney's subpoena, may not

  8  exceed 15 cents per page and $10 per hour for research and

  9  copying.

10         (f)(e)  The agency upon subpoena issued pursuant to s.

11  455.223, but the records obtained thereby must be used solely

12  for the purpose of the agency and the appropriate professional

13  board in its investigation, prosecution, and appeal of

14  disciplinary proceedings. If the agency requests copies of the

15  records, the facility shall charge no more than its actual

16  copying costs, including reasonable staff time. The records

17  must be sealed and must not be available to the public

18  pursuant to s. 119.07(1) or any other statute providing access

19  to records, nor may they be available to the public as part of

20  the record of investigation for and prosecution in

21  disciplinary proceedings made available to the public by the

22  agency or the appropriate regulatory board. However, the

23  agency must make available, upon written request by a

24  practitioner against whom probable cause has been found, any

25  such records that form the basis of the determination of

26  probable cause.

27         (g)(f)  The Department of Health or its agent, for the

28  purpose of establishing and maintaining a trauma registry and

29  for the purpose of ensuring that hospitals and trauma centers

30  are in compliance with the standards and rules established

31  under ss. 395.401, 395.4015, 395.4025, 395.404, 395.4045, and

                                  2

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






    Florida Senate - 1998                                   SB 918
    34-761-98




  1  395.405, and for the purpose of monitoring patient outcome at

  2  hospitals and trauma centers that provide trauma care

  3  services.

  4         (h)(g)  The Department of Children and Family Services

  5  or its agent, for the purpose of investigations of cases of

  6  abuse, neglect, or exploitation of children or disabled adults

  7  or elderly persons.

  8         (i)(h)  The State Long-Term Care Ombudsman Council and

  9  the district long-term care ombudsman councils, with respect

10  to the records of a patient who has been admitted from a

11  nursing home or long-term care facility, when the councils are

12  conducting an investigation involving the patient as

13  authorized under part II of chapter 400, upon presentation of

14  identification as a council member by the person making the

15  request.  Disclosure under this paragraph shall only be made

16  after a competent patient or the patient's representative has

17  been advised that disclosure may be made and the patient has

18  not objected.

19         (j)(i)  A local trauma agency or a regional trauma

20  agency that performs quality assurance activities, or a panel

21  or committee assembled to assist a local trauma agency or a

22  regional trauma agency in performing quality assurance

23  activities. Patient records obtained under this paragraph are

24  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

25  of the State Constitution.

26         (k)(j)  Organ procurement organizations, tissue banks,

27  and eye banks required to conduct death records reviews

28  pursuant to s. 395.2050.

29         Section 2.  This act shall take effect July 1, 1998.

30

31

                                  3

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






    Florida Senate - 1998                                   SB 918
    34-761-98




  1            *****************************************

  2                          SENATE SUMMARY

  3    Deletes the requirement that a patient's records be
      disclosed without the patient's consent upon court
  4    subpoena in criminal actions. Provides for disclosure of
      such records to a state attorney's office, pursuant to a
  5    criminal investigation, if subpoenaed by the state
      attorney's office. Authorizes charges for producing such
  6    records.

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4