House Bill 2101

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    Florida House of Representatives - 2000                HB 2101

        By the Committee on Health Care Licensing & Regulation and
    Representative Fasano





  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing an exemption from

  4         public records requirements for certain

  5         information on health care practitioners

  6         working in correctional or mental health

  7         facilities; amending s. 455.5656, F.S.;

  8         providing exemption from public records

  9         requirements for information obtained for

10         practitioner profiles of health care

11         practitioners not previously profiled; amending

12         s. 943.0585, F.S.; providing exemption from

13         public records requirements for expunged

14         criminal history information on health care

15         practitioners obtained for certain employment,

16         licensure, or contracting purposes; providing a

17         penalty; providing for future review and

18         repeal; providing findings of public necessity;

19         providing a contingent effective date.

20

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

22

23         Section 1.  Paragraph (dd) is added to subsection (3)

24  of section 119.07, Florida Statutes, to read:

25         119.07  Inspection, examination, and duplication of

26  records; exemptions.--

27         (3)

28         (dd)  The home addresses and home telephone numbers of

29  health care practitioners, as defined in s. 455.501(4),

30  working in any type of correctional facility, including any

31  prison or jail, or in any mental health facility are exempt

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  1  from the provisions of subsection (1) and s. 24(a), Art. I of

  2  the State Constitution.

  3         Section 2.  The Legislature finds that it is a public

  4  necessity that the home addresses and home telephone numbers

  5  of health care practitioners who work in any type of

  6  correctional facility, including any prison or jail, or in any

  7  mental health facility be held confidential and exempt from

  8  public records requirements because revealing such information

  9  may pose an unnecessary risk to the safety and well-being of

10  such health care practitioners in their own homes from inmates

11  or clients of such facilities who seek such information to

12  stalk, intimidate, harass, or otherwise threaten or harm such

13  health care practitioners. The disclosure of such information

14  may also deter health care practitioners from seeking to work

15  in such facilities, which would be contrary to the state's

16  interest in ensuring the availability of health care services

17  in such facilities.

18         Section 3.  Section 455.5656, Florida Statutes, is

19  amended to read:

20         455.5656  Practitioner's profiles; confidentiality.--

21         (1)  Any patient name or other information that

22  identifies a patient which is in a record obtained by the

23  Department of Health or its agent for the purpose of compiling

24  a practitioner profile is confidential and exempt from the

25  provisions of chapter 119 and s. 24(a), Art. I of the State

26  Constitution.  Other data received by the department or its

27  agent as a result of its duty to compile and promulgate

28  practitioner profiles are confidential and exempt from the

29  provisions of chapter 119 and s. 24(a), Art. I of the State

30  Constitution until the profile into which the data are

31  incorporated or with respect to which the data are submitted

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  1  is made public. Any information or record that the Department

  2  of Health obtains from the Agency for Health Care

  3  Administration or any other governmental entity for the

  4  purpose of compiling a practitioner profile or substantiating

  5  other information or records submitted for that purpose and

  6  that was exempt from the provisions of chapter 119 and s.

  7  24(a), Art. I of the State Constitution does not lose that

  8  character by coming into the possession of the Department of

  9  Health, and such information or record continues to be exempt

10  from the provisions of chapter 119 and s. 24(a), Art. I of the

11  State Constitution.

12         (2)(a)  The provisions of subsection (1) with respect

13  to practitioners who are subject to profiling under s. 455.565

14  are This section is subject to the Open Government Sunset

15  Review Act of 1995 in accordance with s. 119.15 and shall

16  stand repealed on October 2, 2002, unless reviewed and saved

17  from repeal through reenactment by the Legislature.

18         (b)  The provisions of subsection (1) with respect to

19  practitioners who are subject to profiling under s. 455.56505

20  are subject to the Open Government Sunset Review Act of 1995

21  in accordance with s. 119.15 and shall stand repealed on

22  October 2, 2005, unless reviewed and saved from repeal through

23  reenactment by the Legislature.

24         Section 4.  The Legislature finds that public release

25  of a patient record or other document which includes a

26  statement of the patient's medical disease, condition, or

27  treatment plan that identifies the patient by name or by other

28  identifier could result in serious and irreparable damage to

29  the patient. Such records obtained by the Department of Health

30  or its agent for purposes of compiling a practitioner profile,

31  if open to the public, may adversely affect the integrity and

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  1  trust of the practitioner-patient relationship and may deter

  2  affected parties from seeking needed health care services;

  3  therefore, it is a matter of public necessity to protect the

  4  confidentiality of such patient health information. The

  5  Legislature further finds that, because of the nature of the

  6  data submitted to the Department of Health or its agent for

  7  purposes of constructing practitioner profiles, the necessity

  8  of ensuring the accuracy of those data, the need to refrain

  9  from unnecessarily affecting the livelihood of persons who are

10  the subject of practitioner profiles, and the need to maintain

11  the integrity and trust of the practitioner-patient

12  relationship without unwarranted aspersions on the

13  professional competence and ability of these persons, it is a

14  matter of public necessity to protect the confidentiality of

15  the data during the period of their verification. The

16  Legislature further finds that the need to learn or verify

17  information about health care practitioners, though furthering

18  a state interest, does not override the public policy

19  determinations made to exempt certain information from public

20  disclosure and that records so exempted should retain that

21  status when obtained and used by another governmental entity.

22         Section 5.  Paragraph (c) of subsection (4) of section

23  943.0585, Florida Statutes, is amended to read:

24         943.0585  Court-ordered expunction of criminal history

25  records.--The courts of this state have jurisdiction over

26  their own procedures, including the maintenance, expunction,

27  and correction of judicial records containing criminal history

28  information to the extent such procedures are not inconsistent

29  with the conditions, responsibilities, and duties established

30  by this section.  Any court of competent jurisdiction may

31  order a criminal justice agency to expunge the criminal

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  1  history record of a minor or an adult who complies with the

  2  requirements of this section.  The court shall not order a

  3  criminal justice agency to expunge a criminal history record

  4  until the person seeking to expunge a criminal history record

  5  has applied for and received a certificate of eligibility for

  6  expunction pursuant to subsection (2).  A criminal history

  7  record that relates to a violation of chapter 794, s. 800.04,

  8  s. 817.034, s. 827.071, chapter 839, s. 893.135, or a

  9  violation enumerated in s. 907.041 may not be expunged,

10  without regard to whether adjudication was withheld, if the

11  defendant was found guilty of or pled guilty or nolo

12  contendere to the offense, or if the defendant, as a minor,

13  was found to have committed, or pled guilty or nolo contendere

14  to committing, the offense as a delinquent act. The court may

15  only order expunction of a criminal history record pertaining

16  to one arrest or one incident of alleged criminal activity,

17  except as provided in this section. The court may, at its sole

18  discretion, order the expunction of a criminal history record

19  pertaining to more than one arrest if the additional arrests

20  directly relate to the original arrest. If the court intends

21  to order the expunction of records pertaining to such

22  additional arrests, such intent must be specified in the

23  order. A criminal justice agency may not expunge any record

24  pertaining to such additional arrests if the order to expunge

25  does not articulate the intention of the court to expunge a

26  record pertaining to more than one arrest. This section does

27  not prevent the court from ordering the expunction of only a

28  portion of a criminal history record pertaining to one arrest

29  or one incident of alleged criminal activity.  Notwithstanding

30  any law to the contrary, a criminal justice agency may comply

31  with laws, court orders, and official requests of other

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  1  jurisdictions relating to expunction, correction, or

  2  confidential handling of criminal history records or

  3  information derived therefrom.  This section does not confer

  4  any right to the expunction of any criminal history record,

  5  and any request for expunction of a criminal history record

  6  may be denied at the sole discretion of the court.

  7         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

  8  criminal history record of a minor or an adult which is

  9  ordered expunged by a court of competent jurisdiction pursuant

10  to this section must be physically destroyed or obliterated by

11  any criminal justice agency having custody of such record;

12  except that any criminal history record in the custody of the

13  department must be retained in all cases. A criminal history

14  record ordered expunged that is retained by the department is

15  confidential and exempt from the provisions of s. 119.07(1)

16  and s. 24(a), Art. I of the State Constitution and not

17  available to any person or entity except upon order of a court

18  of competent jurisdiction. A criminal justice agency may

19  retain a notation indicating compliance with an order to

20  expunge.

21         (c)1.  Information relating to the existence of an

22  expunged criminal history record which is provided in

23  accordance with subparagraphs (a)1.-6. paragraph (a) is

24  confidential and exempt from the provisions of s. 119.07(1)

25  and s. 24(a), Art. I of the State Constitution, except that

26  the department shall disclose the existence of a criminal

27  history record ordered expunged to the entities set forth in

28  subparagraphs (a)1., 4., 5., and 6. for their respective

29  licensing and employment purposes, and to criminal justice

30  agencies for their respective criminal justice purposes.  It

31  is unlawful for any employee of an entity set forth in

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  1  subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or

  2  subparagraph (a)6. to disclose information relating to the

  3  existence of an expunged criminal history record of a person

  4  seeking employment or licensure with such entity or

  5  contractor, except to the person to whom the criminal history

  6  record relates or to persons having direct responsibility for

  7  employment or licensure decisions. Any person who violates

  8  this subparagraph paragraph commits a misdemeanor of the first

  9  degree, punishable as provided in s. 775.082 or s. 775.083.

10         2.  Information relating to the existence of an

11  expunged criminal history record which is provided in

12  accordance with subparagraph (a)7. is confidential and exempt

13  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

14  the State Constitution, except that the department shall

15  disclose the existence of a criminal history record ordered

16  expunged to the Department of Health as set forth in

17  subparagraph (a)7. for its licensing and employment purposes,

18  and to criminal justice agencies for their respective criminal

19  justice purposes. It is unlawful for any employee of the

20  Department of Health as set forth in subparagraph (a)7. to

21  disclose information relating to the existence of an expunged

22  criminal history record of a person seeking employment or

23  licensure with such entity or contractor, except to the person

24  to whom the criminal history record relates, to persons having

25  direct responsibility for employment or licensure decisions,

26  or to any other state agency that is authorized in this state

27  to receive expunged criminal history records from the

28  department. Any person who violates this subparagraph commits

29  a misdemeanor of the first degree, punishable as provided in

30  s. 775.082 or s. 775.083. This subparagraph is subject to the

31  Open Government Sunset Review Act of 1995 in accordance with

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  1  s. 119.15 and shall stand repealed on October 2, 2005, unless

  2  reviewed and saved from repeal through reenactment by the

  3  Legislature.

  4         Section 6.  The Legislature finds that public release

  5  of expunged criminal history information on health care

  6  practitioners seeking employment, licensure, or a contract

  7  with the Department of Health to work with children, the

  8  developmentally disabled, the aged, or the elderly may

  9  adversely affect the integrity and trust of such a

10  practitioner-patient relationship, may deter affected parties

11  from seeking needed health care services as a result, and may

12  cast unwarranted aspersions on the professional competence and

13  ability of such practitioners and thereby affect their

14  livelihood; therefore, it is a matter of public necessity to

15  protect the confidentiality of such information. The

16  Legislature further finds that such information is already

17  confidential under identical circumstances for persons seeking

18  employment, licensure, or a contract with the Department of

19  Children and Family Services and the Department of Juvenile

20  Justice. The Legislature further finds that the need to learn

21  or verify information about health care practitioners, though

22  furthering a state interest, does not override the public

23  policy determinations made to exempt certain information from

24  public disclosure and that records so exempted should retain

25  that status when obtained and used by another governmental

26  entity.

27         Section 7.  This act shall take effect on the effective

28  date of House Bill 1659 or similar legislation creating s.

29  455.56505, Florida Statutes, to provide for practitioner

30  profiling of additional health care practitioners, and s.

31  943.0585(4)(a)7., Florida Statutes, to provide the Department

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  1  of Health access to expunged criminal history information on

  2  health care practitioners seeking to work with children, the

  3  developmentally disabled, or the aged or elderly, if such

  4  legislation is adopted in the same legislative session or an

  5  extension thereof.

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  7            *****************************************

  8                          HOUSE SUMMARY

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      Provides exemption from public records requirements for
10    the home addresses and home telephone numbers of health
      care practitioners working in correctional or mental
11    health facilities. Provides exemption from public records
      requirements for information obtained for practitioner
12    profiles of health care practitioners not previously
      profiled and for expunged criminal history information
13    obtained by the Department of Health on health care
      practitioners seeking employment, licensure, or a
14    contract to work with children, the developmentally
      disabled, the aged, or the elderly. Provides for future
15    review and repeal of such exemptions. Provides findings
      of public necessity. See bill for details.
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