House Bill 0829c1

    Florida House of Representatives - 2000              CS/HB 829

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





  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 for

  5         information contained in reports made by

  6         physicians and osteopathic physicians of

  7         adverse incidents occurring in office practice

  8         settings; providing for future review and

  9         repeal; providing findings of public necessity;

10         providing an effective date.

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

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14         Section 1.  Section 458.353, Florida Statutes, is

15  created to read:

16         458.353  Notification of adverse incident; public

17  records exemption.--The information contained in the

18  notification of an adverse incident which is required under s.

19  458.351 and provided to the department by a physician licensed

20  under this chapter is confidential and exempt from s.

21  119.07(1) and s. 24(a), Art. I of the State Constitution. In

22  addition, the information is not discoverable or admissible in

23  a civil or administrative action, unless the action is a

24  disciplinary proceeding by the department or the appropriate

25  regulatory board. The information may not be made available to

26  the public as part of the record of investigation or

27  prosecution in a disciplinary proceeding that is made

28  available for the department or a regulatory board. This

29  section is subject to the Open Government Sunset Review Act of

30  1995 in accordance with s. 119.15 and shall stand repealed on

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000              CS/HB 829

    601-181-00






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

  2  reenactment by the Legislature.

  3         Section 2.  Section 459.028, Florida Statutes, is

  4  created to read:

  5         459.028  Notification of adverse incident; public

  6  records exemption.--The information contained in the

  7  notification of an adverse incident which is required under s.

  8  459.026 and provided to the department by an osteopathic

  9  physician licensed under this chapter is confidential and

10  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

11  Constitution. In addition, the information is not discoverable

12  or admissible in a civil or administrative action, unless the

13  action is a disciplinary proceeding by the department or the

14  appropriate regulatory board. The information may not be made

15  available to the public as part of the record of investigation

16  or prosecution in a disciplinary proceeding that is made

17  available for the department or a regulatory board. This

18  section is subject to the Open Government Sunset Review Act of

19  1995 in accordance with s. 119.15 and shall stand repealed on

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

21  reenactment by the Legislature.

22         Section 3.  The Legislature finds that the exemptions

23  from public records requirements provided in ss. 458.353 and

24  459.028, Florida Statutes, are a public necessity, and that it

25  would be an invasion of a patient's privacy for such personal,

26  sensitive information contained in the notification of an

27  adverse incident to be publicly available. Furthermore, the

28  Legislature finds that failure to protect the confidentiality

29  of any information submitted to or collected by the Department

30  of Health pursuant to s. 458.351, Florida Statutes, or s.

31  459.026, Florida Statutes, regarding an adverse incident,

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000              CS/HB 829

    601-181-00






  1  including, but not limited to, the identity of the patient and

  2  the type of adverse incident, would deter the collection and

  3  reporting of this information to the department. This would

  4  prevent the department and the appropriate regulatory boards

  5  from effectively carrying out their responsibility to enforce

  6  safe patient care and take necessary disciplinary action for

  7  practice violations. Release of such information would deter

  8  physicians and osteopathic physicians licensed in this state

  9  from reporting adverse incidents. This could lead to the

10  deterioration of services and care rendered, all to the

11  detriment of the health of those served. These exemptions

12  apply the same exemption accorded under ss. 395.0198 and

13  395.0193, Florida Statutes, relating to the reporting of

14  adverse incidents by facilities licensed under chapter 395,

15  Florida Statutes. The Legislature has thus consistently and

16  repeatedly acknowledged the public necessity of these types of

17  exemptions.

18         Section 4.  This act shall take effect upon becoming a

19  law.

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