House Bill 1433
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 1433
        By Representative Casey
  1                      A bill to be entitled
  2         An act relating to public records; exempting
  3         records made or received by the Department of
  4         Health or emergency medical services licensees
  5         with respect to allegations of impairment by
  6         emergency medical technicians or paramedics,
  7         identifying information about students in
  8         emergency medical technician or paramedic
  9         education programs, emergency medical services
10         licensees against which complaints have been
11         filed, and patients transported or treated by
12         emergency medical services licensees from
13         public records requirements; providing for
14         future review and repeal; providing findings of
15         public necessity; providing a contingent
16         effective date.
17
18  Be It Enacted by the Legislature of the State of Florida:
19
20         Section 1.  All information received by the Department
21  of Health under section 401.2701, Florida Statutes, with
22  respect to an impaired or allegedly impaired certificateholder
23  against whom no other complaint exists or with respect to
24  whose participation in, progress through, and completion of a
25  treatment program a licensee has informed the department is
26  confidential and exempt from the provisions of section
27  119.07(1), Florida Statutes, and section 24(a), Article I of
28  the State Constitution.
29         Section 2.  The names of students and other
30  student-identifying information contained in reports provided
31  to the Department of Health under section 401.49(9), Florida
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CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 1433
    529-182-99
  1  Statutes, are confidential and exempt from the provisions of
  2  section 119.07(1), Florida Statutes, and section 24(a),
  3  Article I of the State Constitution.
  4         Section 3.  A complaint and all information obtained in
  5  an investigation by the Department of Health under section
  6  401.51, Florida Statutes, are confidential and exempt from the
  7  provisions of section 119.07(1), Florida Statutes, and section
  8  24(a), Article I of the State Constitution until 10 days after
  9  probable cause has been found by the department to exist or
10  until the licensee or education program licensee that is the
11  subject of the investigation waives confidentiality, whichever
12  occurs first. This section does not prohibit the department
13  from providing such information to any law enforcement agency
14  or any other regulatory agency.
15         Section 4.  Records obtained by an emergency medical
16  services licensee under section 395.3025(4)(k), Florida
17  Statutes, are confidential and exempt from the provisions of
18  section 119.07(1), Florida Statutes, and section 24(a),
19  Article I of the State Constitution.
20         Section 5.  The exemptions provided in sections 1, 2,
21  3, and 4 are subject to the Open Government Sunset Review Act
22  in accordance with section 119.15, Florida Statutes, and are
23  repealed October 2, 2004, unless reviewed and saved from
24  repeal through reenactment by the Legislature.
25         Section 6.  The Legislature finds that exempting
26  information relating to impaired or allegedly impaired
27  emergency medical technicians and paramedics, to students in
28  emergency medical technician and paramedic education programs,
29  to emergency medical services licensees, and to hospital
30  patients who have been transported or treated, or both, by
31  emergency medical services licensees is a public necessity.
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CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 1433
    529-182-99
  1  With respect to hospital patients, the Legislature recognizes
  2  that their records currently are confidential, and it finds
  3  that a limited disclosure to emergency medical services
  4  licensees serves a public purpose in that it allows licensees
  5  to maintain and improve the quality of their services, but
  6  that that benefit does not outweigh the established public
  7  interest in maintaining these patients' privacy. With respect
  8  to individual certificateholders, the Legislature finds that
  9  unnecessary disclosure of education records or allegations of
10  impairment against an individual who has not been the subject
11  of any other complaint could substantially affect these
12  persons' current and future employment. With respect to
13  licensees, the Legislature finds that the limited exemption of
14  10 days or less will allow it to more expeditiously conduct
15  investigations of alleged infractions.
16         Section 7.  This act shall take effect July 1, 1999,
17  except that it shall not take effect unless Senate Bill     
18  or similar legislation regulating licensure of emergency
19  medical services licensees, emergency medical technicians, and
20  paramedics becomes law.
21
22            *****************************************
23                          SENATE SUMMARY
24  Exempts the following information from disclosure as public
    records:
25         1.  Information alleging impairment on the part of an
    emergency medical technician or paramedic against whom no
26  other complaint has been filed.
           2.  Information concerning an emergency medical
27  technician's or paramedic's enrollment in, progress through,
    and completion of an impairment treatment program.
28         3.  Information identifying students in emergency
    medical technician or paramedic education courses.
29         4.  A complaint against an emergency medical services
    licensee, for a period of up to 10 days.
30         5.  Information released to an emergency medical
    services licensee by a hospital about a hospital patient who
31  was transported or treated, or both, by the licensee.
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