HOUSE AMENDMENT
Bill No. HB 985 Barcode 940113
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Health Regulation offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. The Legislature finds that personally
18 identifying information, name, age, diagnosis, address, bank
19 account numbers, and debit and credit card numbers contained
20 in the records relating to an individual's personal health or
21 eligibility for health-related services made or received by
22 the individual's physician, pharmacist, and public or private
23 health facility be held confidential. Furthermore, the
24 Legislature finds that every person has an expectation of and
25 a right to privacy in all matters concerning her or his
26 personal health when medical services are provided. Matters of
27 personal health are traditionally private and confidential
28 concerns between the patient and the health care provider. The
29 private and confidential nature or personal health matters
30 pervades both the public and private sectors. For these
31 reasons, it is the expressed intent of the Legislature to
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File original & 9 copies 03/29/01
hcs0005 02:54 pm 00985-hr -940113
HOUSE AMENDMENT
Bill No. HB 985 Barcode 940113
Amendment No. 1 (for drafter's use only)
1 protect confidential information and the individual's
2 expectations of, right to privacy in all matters regarding her
3 or his personal health, and not have such information
4 exploited for purposes of solicitation or marketing the sale
5 of goods and services.
6 Section 2. Subsection (5) of section 456.057, Florida
7 Statutes, is amended to read:
8 (5)(a) Except as otherwise provided in this section
9 and in s. 440.13(4)(c), such records may not be furnished to,
10 and the medical condition of a patient may not be discussed
11 with, any person other than the patient or the patient's legal
12 representative or other health care practitioners and
13 providers involved in the care or treatment of the patient,
14 except upon written authorization of the patient. However,
15 such records may be furnished without written authorization
16 under the following circumstances:
17 1.(a) To any person, firm, or corporation that has
18 procured or furnished such examination or treatment with the
19 patient's consent.
20 2.(b) When compulsory physical examination is made
21 pursuant to Rule 1.360, Florida Rules of Civil Procedure, in
22 which case copies of the medical records shall be furnished to
23 both the defendant and the plaintiff.
24 3.(c) In any civil or criminal action, unless
25 otherwise prohibited by law, upon the issuance of a subpoena
26 from a court of competent jurisdiction and proper notice to
27 the patient or the patient's legal representative by the party
28 seeking such records.
29 4.(d) For statistical and scientific research,
30 provided the information is abstracted in such a way as to
31 protect the identity of the patient or provided written
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HOUSE AMENDMENT
Bill No. HB 985 Barcode 940113
Amendment No. 1 (for drafter's use only)
1 permission is received from the patient or the patient's legal
2 representative.
3 (b) Absent a specific written release or authorization
4 permitting utilization of patient information for solicitation
5 or marketing the sale of goods or services, any use of that
6 information for those purposes is prohibited.
7 Section 3. Subsection (7) of section 395.3025, Florida
8 Statutes is amended to read:
9 (7)(a) If the content of any record of patient
10 treatment is provided under this section, the recipient, if
11 other than the patient or the patient's representative, may
12 use such information only for the purpose provided and may not
13 further disclose any information to any other person or
14 entity, unless expressly permitted by the written consent of
15 the patient. A general authorization for the release of
16 medical information is not sufficient for this purpose. The
17 content of such patient treatment record is confidential and
18 exempt from the provisions of s . 119.07(1) and s. 24(a), Art.
19 I of the State Constitution.
20 (b) Absent a specific written release or authorization
21 permitting utilization of patient information for solicitation
22 or marketing the sale of goods or services, any use of that
23 information for those purposes is prohibited.
24 Section 4. Subsection (1) of section 400.1415, Florida
25 Statutes, is amended to read:
26 (1) Any person who fraudulently alters, defaces, or
27 falsifies any medical record or releases medical records for
28 the purposes of solicitation or marketing the sale of goods or
29 services absent a specific written release or authorization
30 permitting utilization of patient information; or other
31 nursing home record, or causes or procures any of these
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File original & 9 copies 03/29/01
hcs0005 02:54 pm 00985-hr -940113
HOUSE AMENDMENT
Bill No. HB 985 Barcode 940113
Amendment No. 1 (for drafter's use only)
1 offenses to be committed, commits a misdemeanor of the second
2 degree, punishable as provided in s. 775.082 or s. 775.083.
3 Section 5. This act shall take effect July 1, 2001.
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7 And the title is amended as follows:
8 On page 1, line 2, after the semicolon
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10 insert:
11 creating legislative intent; amending s.
12 395.3025, F.S.; amending s. 400.1415, F.S.;
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File original & 9 copies 03/29/01
hcs0005 02:54 pm 00985-hr -940113