House Bill 1843e1
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HB 1843, First Engrossed
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 amending s. 455.647(1), F.S., providing
8 exemptions from public records requirements
9 relating to hospital and ambulatory surgical
10 center discipline; providing for future review
11 and repeal; providing a finding of public
12 necessity; providing a contingent effective
13 date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Section 458.353, Florida Statutes, is
18 created to read:
19 458.353 Notification of adverse incident; public
20 records exemption.--The information contained in the
21 notification of an adverse incident, which is required under
22 s. 458.351 and provided to the department by a physician
23 licensed under this chapter, is confidential and exempt from
24 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
25 In addition, the information is not discoverable or admissible
26 in a civil or administrative action, unless the action is a
27 disciplinary proceeding by the department or the appropriate
28 regulatory board. The information may not be made available to
29 the public as part of the record of investigation or
30 prosecution in a disciplinary proceeding that is made
31 available for the department or a regulatory board. This
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HB 1843, First Engrossed
1 section is subject to the Open Government Sunset Review Act of
2 1995 in accordance with s. 119.15 and shall stand repealed on
3 October 2, 2004, unless reviewed and saved from repeal through
4 reenactment by the Legislature.
5 Section 2. Section 459.028, Florida Statutes, is
6 created to read:
7 459.028 Notification of adverse incident; public
8 records exemption.--The information contained in the
9 notification of an adverse incident, which is required under
10 s. 459.026 and provided to the department by an osteopathic
11 physician licensed under this chapter, is confidential and
12 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
13 Constitution. In addition, the information is not discoverable
14 or admissible in a civil or administrative action, unless the
15 action is a disciplinary proceeding by the department or the
16 appropriate regulatory board. The information may not be made
17 available to the public as part of the record of investigation
18 or prosecution in a disciplinary proceeding that is made
19 available for the department or a regulatory board. This
20 section is subject to the Open Government Sunset Review Act of
21 1995 in accordance with s. 119.15 and shall stand repealed on
22 October 2, 2004, unless reviewed and saved from repeal through
23 reenactment by the Legislature.
24 Section 3. Subsection (1) of section 455.647, Florida
25 Statutes, is amended to read:
26 455.647 Public inspection of information required from
27 applicants; exceptions; examination hearing.--
28 (1) All information required by the department of any
29 applicant shall be a public record and shall be open to public
30 inspection pursuant to s. 119.07, except information obtained
31 pursuant to s. 455.565(1)(a)8. regarding final disciplinary
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HB 1843, First Engrossed
1 action taken by a licensed hospital or ambulatory surgical
2 center, financial information, medical information, school
3 transcripts, examination questions, answers, papers, grades,
4 and grading keys, which are confidential and exempt from s.
5 119.07(1) and shall not be discussed with or made accessible
6 to anyone except members of the board, the department, and
7 staff thereof, who have a bona fide need to know such
8 information. Any information supplied to the department by any
9 other agency which is exempt from the provisions of chapter
10 119 or is confidential shall remain exempt or confidential
11 pursuant to applicable law while in the custody of the
12 department or the agency.
13 Section 4. The Legislature finds that the exemptions
14 from the public records law provided in ss. 455.647, 458.323
15 and 459.028, Florida Statutes, are a public necessity, and
16 that it would be an invasion of a patient's privacy for such
17 personal, sensitive information contained in the notification
18 of an adverse incident or hospital and ambulatory surgical
19 center discipline to be publicly available. Furthermore, the
20 Legislature finds that failure to protect the confidentiality
21 of any information submitted to or collected by the Department
22 of Health pursuant to s. 458.351 or s. 459.026, Florida
23 Statutes, regarding an adverse incident, including, but not
24 limited to the identity of the patient, the type of adverse
25 incident, and the fact that an investigation is being
26 conducted, and pursuant to s. 455.647 regarding hospital and
27 ambulatory surgical center discipline, would deter the
28 collection and reporting of this information to the
29 department. This would prevent the department and the
30 appropriate regulatory boards from effectively carrying out
31 their responsibility to enforce safe patient care and take
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HB 1843, First Engrossed
1 necessary disciplinary action for practice violations. Release
2 of such information would deter physicians and osteopathic
3 physicians licensed in this state from reporting adverse
4 incidents and hospital and ambulatory surgical center
5 discipline. This could lead to the deterioration of services
6 and care rendered, all to the detriment of the health of those
7 served. These exemptions apply the same exemption accorded
8 under s. 395.0198 and 395.0193, Florida Statutes, relating to
9 the reporting of adverse incidents and hospital and ambulatory
10 surgical center discipline by facilities licensed under
11 chapter 395, Florida Statutes. The Legislature has thus
12 consistently and repeatedly acknowledged the public necessity
13 of these types of exemptions.
14 Section 5. This act shall take effect on the same date
15 that House Bill 1847 or similar legislation creating ss.
16 458.351 and 459.026, Florida Statutes, relating to the
17 reporting of adverse incidents in unlicensed settings, takes
18 effect, if such legislation is adopted in the same legislative
19 session or an extension thereof.
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