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  2  1995 in accordance with s. 119.15 and shall stand repealed on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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