House Bill hb1871

    Florida House of Representatives - 2001                HB 1871

        By the Committee on Health Regulation and Representatives
    Farkas, Sobel, Alexander, Ritter, Harrell and Wishner





  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.--Information contained in the notification

18  of an adverse incident which identifies a patient,

19  practitioner, or office by name, location, or other

20  identifier, which is required under s. 458.351 and provided to

21  the department by a physician licensed under this chapter, is

22  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

23  of the State Constitution, until 10 days after probable cause

24  is found that a violation of law occurred. This section is

25  subject to the Open Government Sunset Review Act of 1995 in

26  accordance with s. 119.15 and shall stand repealed October 2,

27  2006, unless reviewed and saved from repeal through

28  reenactment by the Legislature.

29         Section 2.  Section 459.028, Florida Statutes, is

30  created to read:

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






    Florida House of Representatives - 2001                HB 1871

    601-191A-01






  1         459.028  Notification of adverse incident; public

  2  records exemption.--Information contained in the notification

  3  of an adverse incident which identifies a patient,

  4  practitioner, or office by name, location, or other

  5  identifier, which is required under s. 459.026 and provided to

  6  the department by an osteopathic physician licensed under this

  7  chapter, is confidential and exempt from s. 119.07(1) and s.

  8  24(a), Art. I of the State Constitution until 10 days after

  9  probable cause is found that a violation of law occurred. This

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

11  1995 in accordance with s. 119.15 and shall stand repealed

12  October 2, 2006, unless reviewed and saved from repeal through

13  reenactment by the Legislature.

14         Section 3.  The Legislature finds that the exemptions

15  from public records requirements provided in ss. 458.353 and

16  459.028, Florida Statutes, are a public necessity, and that it

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

18  sensitive information contained in the notification of an

19  adverse incident 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, Florida Statutes, or s.

23  459.026, Florida Statutes, regarding an adverse incident,

24  including, but not limited to, the identity of the patient,

25  practitioner, and office, and the fact that an investigation

26  is being conducted, would deter the collection and reporting

27  of this information to the department. This would prevent the

28  department and the appropriate regulatory boards from

29  effectively carrying out their responsibility to enforce safe

30  patient care and take necessary disciplinary action for

31  practice violations. Release of such personal information

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    Florida House of Representatives - 2001                HB 1871

    601-191A-01






  1  prior to the completion of the investigation and prior to a

  2  finding of probable cause would deter physicians and

  3  osteopathic physicians licensed in this state from reporting

  4  adverse incidents. This could lead to the deterioration of

  5  services and care rendered, all to the detriment of the health

  6  of those served. These exemptions apply the same exemption

  7  accorded under ss. 395.0198 and 395.0193, Florida Statutes,

  8  relating to the reporting of adverse incidents by facilities

  9  licensed under chapter 395, Florida Statutes. The Legislature

10  has thus consistently and repeatedly acknowledged the public

11  necessity of these types of exemptions.

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

13  law.

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