Senate Bill 1824

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    Florida Senate - 1999                                  SB 1824

    By Senator Campbell





    33-1002A-99

  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public records requirements for

  4         information contained in a notice of an adverse

  5         incident submitted to the Department of Health;

  6         limiting the circumstances under which such

  7         information may be admissible in a civil or

  8         administrative action; providing for future

  9         legislative review and repeal; providing a

10         finding of public necessity; providing a

11         contingent effective date.

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

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15         Section 1.  The information contained in a notice of an

16  adverse incident required under section 458.351, Florida

17  Statutes, as created by SB 1348, and submitted to the

18  Department of Health is confidential and exempt from section

19  119.07(1), Florida Statutes, and Section 24(a) of Article I of

20  the State Constitution. In addition, the notice is not

21  discoverable or admissible in any civil or administrative

22  action, unless the action is a disciplinary proceeding by the

23  Department of Health or an appropriate regulatory board. The

24  information may not be made available to the public as part of

25  the record of an investigation for and prosecution in

26  disciplinary proceedings made available to the public by the

27  Department of Health or an appropriate regulatory board. This

28  section is subject to the Open Government Sunset Review Act of

29  1995 in accordance with section 119.15, Florida Statutes, and

30  shall stand repealed on October 2, 2003, unless reviewed and

31  saved from repeal through reenactment by the Legislature.

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    Florida Senate - 1999                                  SB 1824
    33-1002A-99




  1         Section 2.  The Legislature finds that the exemption

  2  from the public records law provided in section 1 of this act

  3  is a public necessity, and that it would be an invasion of a

  4  patient's privacy for such personal, sensitive information

  5  contained in the notice of an adverse incident to be publicly

  6  available. Furthermore, the Legislature finds that failure to

  7  protect the confidentiality of any information submitted to or

  8  collected by the Department of Health under section 458.351,

  9  Florida Statutes, regarding an adverse incident, including,

10  but not limited to, the identity of the patient, the type of

11  adverse incident, and the fact that an investigation is being

12  conducted, would deter the collection and reporting of this

13  information to the department. This would prevent the

14  Department of Health and the appropriate regulatory boards

15  from effectively carrying out their responsibility to enforce

16  safe patient care and take necessary disciplinary action for

17  practice violations. Release of such information would deter

18  licensed physicians from reporting adverse incidents. This

19  could lead to the deterioration of services and care rendered,

20  all to the detriment of the health of those served. This

21  exemption applies the same exemption accorded under section

22  395.0197, Florida Statutes, relating to the reporting of

23  adverse incidents by facilities licensed under chapter 395,

24  Florida Statutes. The Legislature has thus consistently and

25  repeatedly acknowledged the public necessity of these types of

26  exemptions.

27         Section 3.  This act shall take effect on the same date

28  that Senate Bill 1348 or similar legislation takes effect, if

29  such legislation is enacted in the same legislative session or

30  an extension thereof.

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    Florida Senate - 1999                                  SB 1824
    33-1002A-99




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  2                          SENATE SUMMARY

  3    Provides that the information contained in a notice of an
      adverse incident submitted to the Department of Health is
  4    exempt from the public records law. Provides that such
      information is not admissible in a civil or
  5    administrative action unless the action is part of a
      disciplinary proceeding. Provides for future legislative
  6    review and repeal.

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