HOUSE AMENDMENT

                                                  Bill No. HB 2101

    Amendment No. 03 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  The Committee on Governmental Operations offered the

12  following:

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14         Amendment 

15         On page 8, between lines 26 & 27, of the bill

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17  insert:

18         Section 7.  The Legislature finds that public release

19  of medical information pertaining to the mental or physical

20  condition of a patient could result in serious and irreparable

21  damage to the patient.  The Legislature further finds that

22  there is a public necessity in maintaining the confidentiality

23  of such medical records and that a patient should not lose

24  such protection simply because that patient has applied for or

25  been issued a license to practice a health care profession in

26  this state.  The Legislature finds that absent a finding of

27  probable cause that the applicant or practitioner has violated

28  the law and poses a danger to the patients to whom the

29  practitioner may provide health care services, such

30  practitioner should be afforded the same privileges and rights

31  of confidentiality as non-health care practitioners.  The

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    File original & 9 copies    04/05/00
    hgo0002                     05:49 pm         02101-go  -895523




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2101

    Amendment No. 03 (for drafter's use only)





 1  Legislature finds that it is a matter of public necessity to

 2  protect health care practitioners, as well as other patients,

 3  from the release of information regarding the practitioner's

 4  mental or physical health to refrain from unnecessarily

 5  affecting the livelihood of practitioners and to maintain the

 6  trust of the practitioner-patient relationship without

 7  unwarranted aspersions on the professional competence and

 8  ability of these persons.  Moreover, the Legislature finds

 9  that the public's need to know information about practitioners

10  does not override the public policy determination to protect

11  all patients regardless of their occupation or licensure

12  status from intrusion.  Furthermore, this public records

13  exemption conforms to existing public records exemptions for

14  other practitioners such as physicians pursuant to ss.

15  458.331(1)(s) and 459.015(1)(w), dentists pursuant to s.

16  466.028(1)(s), and others.

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18  (Renumber subsequent sections)

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    File original & 9 copies    04/05/00
    hgo0002                     05:49 pm         02101-go  -895523