House Bill 2321

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    Florida House of Representatives - 2000                HB 2321

        By the Committee on Health Care Services and
    Representative Peaden





  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         381.775, F.S.; providing an exemption from

  4         public records requirements for personal

  5         information relating to applicants to and

  6         clients of the brain and spinal cord injury

  7         program of the Department of Health; providing

  8         a penalty for disclosure; providing conditions

  9         for certain release of records; providing for

10         future review and repeal; providing a finding

11         of public necessity; providing an effective

12         date.

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

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16         Section 1.  Section 381.775, Florida Statutes, is

17  created to read:

18         381.775  Applicant and client records; confidential and

19  privileged.--

20         (1)  All oral and written records, information,

21  letters, and reports received, made, or maintained by the

22  department relative to any applicant for or recipient of brain

23  and spinal cord injury program services are privileged,

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

25  and s. 24(a), Art. I of the State Constitution.  Any person

26  who discloses or releases such records, information, or

27  communications in violation of this section commits a

28  misdemeanor of the second degree, punishable as provided in s.

29  775.082 or s. 775.083.  Such records may not be released

30  except that:

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    Florida House of Representatives - 2000                HB 2321

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  1         (a)  Records may be released to the applicant for or

  2  recipient of brain and spinal cord injury program services or

  3  his or her representative upon receipt of a written waiver

  4  from the particular applicant for or recipient of brain and

  5  spinal cord injury program services.  Medical, psychological,

  6  or other information that the department believes may be

  7  harmful to the applicant for or recipient of brain and spinal

  8  cord injury program services may not be released directly to

  9  him or her, but must be provided through the licensed health

10  professional of his or her choice.

11         (b)  Records that do not identify clients or applicants

12  may be released for the purpose of research, when the research

13  is approved by the department.

14         (c)  Records used in administering the brain and spinal

15  cord injury program may be released as required to administer

16  the brain and spinal cord injury program or as required by an

17  agency or political subdivision of the state in the

18  performance of its duties.  Any agency or political

19  subdivision to which records are released under this paragraph

20  may not disclose the records to third parties.

21         (d)  Records may be released upon the order of an

22  administrative law judge, a hearing officer, a judge of

23  compensation claims, an agency head exercising quasi-judicial

24  authority, or a judge of a court of competent jurisdiction

25  following a finding in an in-camera proceeding that the

26  records are relevant to the inquiry before the court and

27  should be released.  The in-camera proceeding and all records

28  relating thereto are confidential and exempt from the

29  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

30  Constitution.

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    Florida House of Representatives - 2000                HB 2321

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  1         (e)  Whenever an applicant for or recipient of brain

  2  and spinal cord injury program services has declared any

  3  intention to unlawfully harm other persons or property, such

  4  declaration may be disclosed.

  5         (f)  Information about an applicant for or recipient of

  6  brain and spinal cord injury program services may be disclosed

  7  in order to protect him or her or others when he or she poses

  8  a threat to his or her own safety or to the safety of others

  9  and shall, upon official request, be released to law

10  enforcement agencies investigating the commission of a crime.

11         (2)  Records that come into the possession of the

12  department relative to any applicant for or recipient of

13  services under the brain and spinal cord injury program and

14  that are confidential by other provisions of law are

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

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

17  released by the department, except as provided in this

18  section.

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20  This section is subject to the Open Government Sunset Review

21  Act of 1995 in accordance with s. 119.15, and shall stand

22  repealed on October 2, 2005, unless reviewed and saved from

23  repeal through reenactment by the Legislature.

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

25  necessity to protect the confidentiality of the applicant and

26  client records and information of the brain and spinal cord

27  injury program because such information is a private matter,

28  and such individuals have the right of privacy to protect such

29  personal information as provided by s. 23, Art. I of the State

30  Constitution.  Further, public knowledge of such information

31  could compromise the therapeutic process.  Therapeutic and

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    Florida House of Representatives - 2000                HB 2321

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  1  treatment programs cannot operate efficiently and effectively

  2  if such individuals are reluctant to participate because their

  3  treatment records would be subject to inspection and review.

  4  Such individuals should be encouraged to seek appropriate

  5  treatment that could enhance their recovery and quality of

  6  life.

  7         Section 3.  This act shall take effect July 1, 2000.

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10                          HOUSE SUMMARY

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      Provides an exemption from public records requirements
12    for personal information relating to applicants to and
      clients of the brain and spinal cord injury program of
13    the Department of Health. Provides a second degree
      misdemeanor penalty for disclosure. Provides exceptions
14    authorizing release of records under specified
      conditions. Provides for future review and repeal.
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