SENATE AMENDMENT

    Bill No. SB 692

    Amendment No. ___   Barcode 811934

                            CHAMBER ACTION
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11  Senator Campbell moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 3, between lines 18 and 19,

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16  insert:

17         Section 4.  (1)  Notification of adverse incident;

18  public records exemption.--Information contained in the

19  notification of an adverse incident which identifies a

20  patient, pharmacist, pharmacy, office, or entity by name,

21  location, or other identifier, which is provided to the

22  department is confidential and exempt from section 119.07(1),

23  Florida Statutes, and s. 24(a), Art. I of the State

24  Constitution, until 10 days after probable cause is found that

25  a violation of law occurred. Such information may only be used

26  by the department or the appropriate regulatory board in a

27  disciplinary proceeding brought against the pharmacist or by

28  the department in a study of adverse incidents without

29  identifying the patient, pharmacist, pharmacy, office, or

30  entity by name, location, or other identifier. This section is

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

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                                                  SENATE AMENDMENT

    Bill No. SB 692

    Amendment No. ___   Barcode 811934





  1  accordance with s. 119.15 and shall stand repealed October 2,

  2  2006, unless reviewed and saved from repeal through

  3  reenactment by the Legislature.

  4         (2)  The Legislature finds that the exemption from

  5  public records requirements provided in this section is a

  6  public necessity, and that it would be an invasion of a

  7  patient's privacy for personal, sensitive information

  8  contained in the notification of an adverse incident to be

  9  publicly available. Furthermore, the Legislature finds that

10  failure to protect the confidentiality of any information

11  submitted to or collected by the Department of Health pursuant

12  to this section regarding an adverse incident, including the

13  identity of the patient, pharmacist, pharmacy, entity, or

14  office and the fact that an investigation is being conducted,

15  would deter the collection and reporting of this information

16  to the department. This would prevent the department and the

17  appropriate regulatory boards from effectively carrying out

18  their responsibility to enforce safe patient care and take

19  necessary disciplinary action for practice violations. Release

20  of such personal information prior to the completion of the

21  investigation and prior to a finding of probable cause would

22  deter pharmacists licensed in this state from reporting

23  adverse incidents. This could lead to the deterioration of

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

25  of those served. These exemptions apply the same exemption

26  accorded under sections 395.0198 and 395.0193, Florida

27  Statutes, relating to the reporting of adverse incidents by

28  facilities licensed under chapter 395, Florida Statutes. The

29  Legislature has thus consistently and repeatedly acknowledged

30  the public necessity of these types of exemptions.

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    2:41 PM   04/10/01                                s0692c-33m0a




                                                  SENATE AMENDMENT

    Bill No. SB 692

    Amendment No. ___   Barcode 811934





  1  (Redesignate subsequent sections.)

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  4  ================ T I T L E   A M E N D M E N T ===============

  5  And the title is amended as follows:

  6         On page 1, line 9, after the first semicolon

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  8  insert:

  9         providing exemptions from public records

10         requirements for information contained in

11         reports made regarding adverse incidents

12         occurring in pharmacies; providing for future

13         review and repeal; providing findings of public

14         necessity;

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