Senate Bill sb0692

    Florida Senate - 2001                                   SB 692

    By Senator Clary





    7-320A-01

  1                      A bill to be entitled

  2         An act relating to public records; creating ss.

  3         458.353, 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.

11

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

13

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

19  s. 458.351 and provided to the department by a physician

20  licensed under this chapter, is confidential and exempt from

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

22  In addition, the information is not discoverable or admissible

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30  1995 in accordance with s. 119.15 and shall stand repealed

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    Florida Senate - 2001                                   SB 692
    7-320A-01




  1  October 2, 2006, 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

  8  s. 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

20  October 2, 2006, 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 sections 458.353

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

25  that it would be an invasion of a patient's privacy for

26  personal, sensitive information contained in the notification

27  of an adverse incident to be publicly available. Furthermore,

28  the Legislature finds that failure to protect the

29  confidentiality of any information submitted to or collected

30  by the Department of Health pursuant to section 458.351,

31  Florida Statutes, or section 459.026, Florida Statutes,

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    Florida Senate - 2001                                   SB 692
    7-320A-01




  1  regarding an adverse incident, including, but not limited to,

  2  the identity of the patient, the type of adverse incident, and

  3  the fact that an investigation is being conducted, would deter

  4  the collection and reporting of this information to the

  5  department. This would prevent the department and the

  6  appropriate regulatory boards from effectively carrying out

  7  their responsibility to enforce safe patient care and take

  8  necessary disciplinary action for practice violations. Release

  9  of such information would deter physicians and osteopathic

10  physicians licensed in this state from reporting adverse

11  incidents. This could lead to the deterioration of services

12  and care rendered, all to the detriment of the health of those

13  served. These exemptions apply the same exemption accorded

14  under sections 395.0198 and 395.0193, Florida Statutes,

15  relating to the reporting of adverse incidents by facilities

16  licensed under chapter 395, Florida Statutes. The Legislature

17  has thus consistently and repeatedly acknowledged the public

18  necessity of these types of exemptions.

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

20  law.

21

22            *****************************************

23                          SENATE SUMMARY

24    Provides exemptions from public records requirements for
      information contained in reports made by physicians and
25    osteopathic physicians of adverse incidents occurring in
      office practice settings.
26

27    Provides a statement of public necessity and for future
      review and repeal.
28

29

30

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