SENATE AMENDMENT
    Bill No. CS for SB 904
    Amendment No. ___   Barcode 702356
                            CHAMBER ACTION
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11  Senator Clary moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 3, between lines 7 and 8,
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16  insert:  
17         Section 4.  Section 458.353, Florida Statutes, is
18  created to read:
19         458.353  Notification of adverse incident; public
20  records exemption.--The information contained in the
21  notification of an adverse incident, which is required under
22  s. 458.351 and provided to the department by a physician
23  licensed under this chapter, is confidential and exempt from
24  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
25  The information may not be made available to the public as
26  part of the record of investigation or prosecution in a
27  disciplinary proceeding. This section is subject to the Open
28  Government Sunset Review Act of 1995 in accordance with s.
29  119.15 and shall stand repealed October 2, 2006, unless
30  reviewed and saved from repeal through reenactment by the
31  Legislature.
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SENATE AMENDMENT Bill No. CS for SB 904 Amendment No. ___ Barcode 702356 1 Section 5. Section 459.028, Florida Statutes, is 2 created to read: 3 459.028 Notification of adverse incident; public 4 records exemption.--The information contained in the 5 notification of an adverse incident, which is required under 6 s. 459.026 and provided to the department by an osteopathic 7 physician licensed under this chapter, is confidential and 8 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 9 Constitution. The information may not be made available to 10 the public as part of the record of investigation or 11 prosecution in a disciplinary proceeding. This section is 12 subject to the Open Government Sunset Review Act of 1995 in 13 accordance with s. 119.15 and shall stand repealed October 2, 14 2006, unless reviewed and saved from repeal through 15 reenactment by the Legislature. 16 Section 6. The Legislature finds that the exemptions 17 from public records requirements provided in sections 458.353 18 and 459.028, Florida Statutes, are a public necessity, and 19 that it would be an invasion of a patient's privacy for 20 personal, sensitive information contained in the notification 21 of an adverse incident to be publicly available. Furthermore, 22 the Legislature finds that failure to protect the 23 confidentiality of any information submitted to or collected 24 by the Department of Health pursuant to section 458.351, 25 Florida Statutes, or section 459.026, Florida Statutes, 26 regarding an adverse incident, including, but not limited to, 27 the identity of the patient, the type of adverse incident, and 28 the fact that an investigation is being conducted, would deter 29 the collection and reporting of this information to the 30 department. This would prevent the department and the 31 appropriate regulatory boards from effectively carrying out 2 3:40 PM 05/03/01 s0904c1c-07k0a
SENATE AMENDMENT Bill No. CS for SB 904 Amendment No. ___ Barcode 702356 1 their responsibility to enforce safe patient care and take 2 necessary disciplinary action for practice violations. Release 3 of such information would deter physicians and osteopathic 4 physicians licensed in this state from reporting adverse 5 incidents. This could lead to the deterioration of services 6 and care rendered, all to the detriment of the health of those 7 served. These exemptions apply the same exemption accorded 8 under sections 395.0198 and 395.0193, Florida Statutes, 9 relating to the reporting of adverse incidents by facilities 10 licensed under chapter 395, Florida Statutes. The Legislature 11 has thus consistently and repeatedly acknowledged the public 12 necessity of these types of exemptions. 13 14 (Redesignate subsequent sections.) 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 On page 1, line 11, after the semicolon, 20 21 insert: 22 creating ss. 458.353 and 459.028, F.S.; 23 providing exemptions from public records 24 requirements for information contained in 25 reports made by physicians and osteopathic 26 physicians of adverse incidents occurring in 27 office practice settings; providing for future 28 review and repeal; providing findings of public 29 necessity; 30 31 3 3:40 PM 05/03/01 s0904c1c-07k0a