House Bill 1843
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1843
By the Committee on Health Care Licensing & Regulation and
Representatives Fasano, Heyman, Ritter, Morroni, Minton,
Harrington, Villalobos and Ogles
1 A bill to be entitled
2 An act relating to public records; creating ss.
3 458.353 and 459.028, F.S.; providing exemptions
4 from public records requirements relating to
5 information contained in reports of adverse
6 incidents occurring in specified settings;
7 providing for future review and repeal;
8 providing a finding of public necessity;
9 providing a contingent effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 458.353, Florida Statutes, is
14 created to read:
15 458.353 Notification of adverse incident; public
16 records exemption.--The information contained in the
17 notification of an adverse incident, which is required under
18 s. 458.351 and provided to the department by a physician
19 licensed under this chapter, is confidential and exempt from
20 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
21 In addition, the information is not discoverable or admissible
22 in a civil or administrative action, unless the action is a
23 disciplinary proceeding by the department or the appropriate
24 regulatory board. The information may not be made available to
25 the public as part of the record of investigation or
26 prosecution in a disciplinary proceeding that is made
27 available for the department or a regulatory board. This
28 section is subject to the Open Government Sunset Review Act of
29 1995 in accordance with s. 119.15 and shall stand repealed on
30 October 2, 2004, unless reviewed and saved from repeal through
31 reenactment by the Legislature.
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1843
601-149-99
1 Section 2. Section 459.028, Florida Statutes, is
2 created to read:
3 459.028 Notification of adverse incident; public
4 records exemption.--The information contained in the
5 notification of an adverse incident, which is required under
6 s. 459.026 and provided to the department by an osteopathic
7 physician licensed under this chapter, is confidential and
8 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
9 Constitution. In addition, the information is not discoverable
10 or admissible in a civil or administrative action, unless the
11 action is a disciplinary proceeding by the department or the
12 appropriate regulatory board. The information may not be made
13 available to the public as part of the record of investigation
14 or prosecution in a disciplinary proceeding that is made
15 available for the department or a regulatory board. This
16 section is subject to the Open Government Sunset Review Act of
17 1995 in accordance with s. 119.15 and shall stand repealed on
18 October 2, 2004, unless reviewed and saved from repeal through
19 reenactment by the Legislature.
20 Section 3. The Legislature finds that the exemptions
21 from the public records law provided in ss. 458.323 and
22 459.028, Florida Statutes, are a public necessity, and that it
23 would be an invasion of a patient's privacy for such personal,
24 sensitive information contained in the notification of an
25 adverse incident to be publicly available. Furthermore, the
26 Legislature finds that failure to protect the confidentiality
27 of any information submitted to or collected by the Department
28 of Health pursuant to s. 458.351 or s. 459.026, Florida
29 Statutes, regarding an adverse incident, including, but not
30 limited to the identity of the patient, the type of adverse
31 incident, and the fact that an investigation is being
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1843
601-149-99
1 conducted, would deter the collection and reporting of this
2 information to the department. This would prevent the
3 department and the appropriate regulatory boards from
4 effectively carrying out their responsibility to enforce safe
5 patient care and take necessary disciplinary action for
6 practice violations. Release of such information would deter
7 physicians and osteopathic physicians licensed in this state
8 from reporting adverse incidents. This could lead to the
9 deterioration of services and care rendered, all to the
10 detriment of the health of those served. These exemptions
11 apply the same exemption accorded under s. 395.0198, Florida
12 Statutes, relating to the reporting of adverse incidents by
13 facilities licensed under chapter 395, Florida Statutes. The
14 Legislature has thus consistently and repeatedly acknowledged
15 the public necessity of these types of exemptions.
16 Section 4. This act shall take effect on the same date
17 that House Bill or similar legislation creating ss.
18 458.351 and 459.026, Florida Statutes, relating to the
19 reporting of adverse incidents in unlicensed settings, takes
20 effect, if such legislation is adopted in the same legislative
21 session or an extension thereof.
22
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24 HOUSE SUMMARY
25
Provides exemptions from public records requirements
26 relating to information contained in reports of adverse
incidents occurring in settings not licensed under ch.
27 395, F.S. Provides for future review and repeal. Provides
a finding of public necessity.
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