House Bill hb0277

    Florida House of Representatives - 2002                 HB 277

        By the Committee on State Administration and
    Representative Brummer





  1                      A bill to be entitled

  2         An act relating to a public records exemption

  3         for certain information obtained in connection

  4         with practitioner profiles; amending s.

  5         456.046, F.S., which provides an exemption from

  6         public records requirements for information

  7         obtained by the Department of Health for the

  8         purpose of compiling such profiles; reenacting

  9         such exemption and removing the October 2,

10         2002, repeal thereof scheduled under the Open

11         Government Sunset Review Act of 1995;

12         clarifying language; providing an effective

13         date.

14

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

16

17         Section 1.  Notwithstanding the October 2, 2002, repeal

18  of said section scheduled pursuant to the Open Government

19  Sunset Review Act of 1995, section 456.046, Florida Statutes,

20  is reenacted and amended to read:

21         456.046  Practitioner Practitioner's profiles;

22  confidentiality.--Any patient name or other information that

23  identifies a patient which is in a record obtained by the

24  Department of Health or its agent for the purpose of compiling

25  a practitioner profile pursuant to s. 456.041 is confidential

26  and exempt from the provisions of s. 119.07(1) chapter 119 and

27  s. 24(a), Art. I of the State Constitution.  Other data

28  received by the department or its agent as a result of its

29  duty to compile and promulgate practitioner profiles are

30  confidential and exempt from the provisions of s. 119.07(1)

31  chapter 119 and s. 24(a), Art. I of the State Constitution

                                  1

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






    Florida House of Representatives - 2002                 HB 277

    688-188-02






  1  until the profile into which the data are incorporated or with

  2  respect to which the data are submitted is made public

  3  pursuant to the requirements of s. 456.041. Any information or

  4  record that the Department of Health obtains from the Agency

  5  for Health Care Administration or any other governmental

  6  entity for the purpose of compiling a practitioner profile or

  7  substantiating other information or records submitted for that

  8  purpose which is otherwise exempt from public disclosure shall

  9  remain exempt as otherwise provided by law. and that was

10  exempt from the provisions of chapter 119 and s. 24(a), Art. I

11  of the State Constitution does not lose that character by

12  coming into the possession of the Department of Health, and

13  such information or record continues to be exempt from the

14  provisions of chapter 119 and s. 24(a), Art. I of the State

15  Constitution. This section is subject to the Open Government

16  Sunset Review Act of 1995 in accordance with s. 119.15 and

17  shall stand repealed on October 2, 2002, unless reviewed and

18  saved from repeal through reenactment by the Legislature.

19         Section 2.  This act shall take effect October 1, 2002.

20

21            *****************************************

22                          HOUSE SUMMARY

23
      Reenacts the public records exemption for certain
24    information obtained by the Department of Health in
      connection with compiling practitioner profiles, and
25    removes the October 2, 2002, repeal thereof scheduled
      under the Open Government Sunset Review Act of 1995.
26

27

28

29

30

31

                                  2

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