Senate Bill sb2294

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    Florida Senate - 2002                                  SB 2294

    By Senator Brown-Waite





    10-1244-02

  1                      A bill to be entitled

  2         An act relating to patient safety; creating the

  3         Patient Safety Improvement Act; providing

  4         legislative intent; providing definitions;

  5         creating the Center for Patient Safety at the

  6         University of South Florida; requiring the

  7         center to coordinate research concerning

  8         patient safety; requiring that the center

  9         conduct research, perform evaluations, and

10         provide technical assistance to health care

11         providers, patient and their families, and

12         policymakers; requiring the center to establish

13         a State Patient Safety Database to use in

14         analyzing and disseminating information;

15         requiring that the center establish a process

16         for health care providers to report data on

17         patient safety; providing that information

18         received by the center which is exempt from

19         disclosure under the public-records law remains

20         confidential; providing an effective date.

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

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24         Section 1.  The Patient Safety Improvement Act.--

25         (1)  SHORT TITLE.--This section may be cited as the

26  "Patient Safety Improvement Act."

27         (2)  LEGISLATIVE INTENT.--It is the intent of the

28  Legislature to establish a statewide, academically based

29  center that will serve as the designated resource for

30  research, education, and policy concerning patient safety and

31  for providing information to the public and to institutions.

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    Florida Senate - 2002                                  SB 2294
    10-1244-02




  1         (3)  DEFINITIONS.--As used in this section, the term:

  2         (a)  "Center" means the Center for Patient Safety.

  3         (b)  "Health care provider" means any physician, nurse,

  4  pharmacist, occupational therapist, physical therapist,

  5  hospital, or other person, institution, or organization that

  6  furnishes health care services and is licensed or otherwise

  7  authorized to practice in this state.

  8         (c)  "Nonidentifiable patient-safety data" means data

  9  that are presented in a form and manner that prevents the

10  identification of the health care provider or patient.

11         (d)  "Patient safety data" means:

12         1.  Any data, reports, records, memoranda, analyses, or

13  other quality improvement processes of patient-safety events

14  which are:

15         a.  Collected or developed by a health care provider;

16         b.  Reported to a patient-safety organization or the

17  State Patient Safety Database;

18         c.  Contained in, or collected by, a patient-safety

19  organization or the State Patient Safety Database;

20         d.  Requested by a patient-safety organization for the

21  purpose of monitoring, researching, or improving patient

22  safety; or

23         e.  Reported to a health care provider by a

24  patient-safety organization to assist with quality improvement

25  and patient-safety effectiveness.

26         2.  Information concerning corrective action taken in

27  response to patient-safety events.

28         (e)  "Patient-safety event" means an event over which

29  health care personnel could exercise control, which is

30  associated in whole or in part with medical intervention

31  rather than the condition for which such intervention

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    Florida Senate - 2002                                  SB 2294
    10-1244-02




  1  occurred, and which could result in the injury or death of a

  2  patient or any other adverse incident defined in section

  3  395.0197, Florida Statutes.

  4         (f)  "Patient-safety organization" means a public or

  5  private organization that:

  6         1.  Collects and analyzes data or information

  7  concerning patient safety;

  8         2.  Reports nonidentifiable patient safety data to the

  9  State Patient Safety Database; and

10         3.  Provides direct feedback concerning patient-safety

11  data to health care providers.

12         (4)  CENTER FOR PATIENT SAFETY.--The center shall be

13  located in the Health Sciences Center at the University of

14  South Florida in Tampa.

15         (a)  The center shall:

16         1.  Coordinate public and private resources to conduct

17  and support research, demonstrations, and evaluations of

18  patient safety.

19         2.  Conduct and support research on effective ways to

20  improve and enhance patient safety and participate in

21  disseminating the information that is derived from such

22  research to health care providers in training and in practice,

23  health care institutions, patients and their families, and

24  policymakers.

25         3.  Evaluate methods for identifying and promoting

26  patient-safety programs.

27         4.  Support dissemination and communication activities

28  to improve and enhance patient safety.

29         5.  Design, conduct, and coordinate studies and surveys

30  to assess aspects of patient safety, including, but not

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    Florida Senate - 2002                                  SB 2294
    10-1244-02




  1  limited to, various measures of clinical, social, and economic

  2  outcomes or processes.

  3         6.  Develop and test measures and methods for

  4  evaluating and enhancing patient safety and promoting the use

  5  of such measures in practice.

  6         7.  Provide technical assistance, gather information

  7  concerning the use of consumer and patient information, and

  8  report on patient safety and the resulting effects of

  9  intervention policies.

10         (b)  In carrying out its duties, the center may:

11         1.  Consult with and develop partnerships, as

12  appropriate, with all segments of the health care industry,

13  including health care providers and health care consumers.

14         2.  Establish a State Patient Safety Database to

15  collect, support, and coordinate the analysis of

16  nonidentifiable patient-safety data submitted voluntarily by

17  health care providers and patient-safety organization.

18         3.  Disseminate information developed through analysis

19  of the database concerning the existence and causes of

20  practices that affect patient safety, findings and conclusions

21  regarding patient-safety events, outcome measures, and

22  evidence-based recommendations to improve patient safety.

23         (c)  The center shall establish a voluntary process,

24  using a standardized format, to enable health care providers

25  or patient-safety organizations to report nonidentifiable

26  patient-safety data.

27         (d)  In carrying out its duties under this subsection,

28  the center shall consult with, and solicit and consider

29  recommendations from, appropriate sectors of the health care

30  community, including health care providers, patient

31  safety-organizations, and other relevant experts.

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    Florida Senate - 2002                                  SB 2294
    10-1244-02




  1         (5)  CONFIDENTIALITY.--If any patient-safety data

  2  collected, managed, or analyzed by the Center for Patient

  3  Safety contains data that is confidential and exempt from

  4  section 119.07(1), Florida Statutes, and Section 24(a) of

  5  Article I of the State Constitution, such data shall remain

  6  confidential; shall be treated in the manner provided for

  7  other patient data under sections 395.0197, 408.061, and

  8  641.67, Florida Statutes; and may not be used for any purpose

  9  other than research and the compilation of information for

10  legislative, regulatory, or other policy purposes intended by

11  this section.

12         Section 2.  This act shall take effect July 1, 2002.

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14            *****************************************

15                          SENATE SUMMARY

16    Creates the Center for Patient Safety at the University
      of South Florida which shall coordinate and disseminate
17    research concerning patient safety. Provides duties and
      functions of the center. Requires that the center
18    establish a State Patient Safety Database. Requires that
      information received by the center which is exempt from
19    disclosure under the public-records law remain
      confidential and exempt from disclosure. (See bill for
20    details.)

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