Senate Bill sb0638

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    Florida Senate - 2002                                   SB 638

    By Senator Burt





    16-517B-02

  1                      A bill to be entitled

  2         An act relating to public-records exemptions;

  3         exempting certain health care records of the

  4         Department of Legal Affairs which relate to

  5         health care practitioners or pharmacists, law

  6         enforcement officers, or the Department of

  7         Health; providing guidelines for the use of

  8         such information and penalties for violations;

  9         providing a finding of public necessity;

10         providing an effective date.

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

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14         Section 1.  All information and records reported under

15  section 893.065, Florida Statutes, or the electronic system

16  for monitoring the prescribing of controlled substances

17  designed and established by the Department of Legal Affairs

18  which would identify a patient is confidential and exempt from

19  the provisions of section 119.07(1), Florida Statutes, and

20  Section 24(a) of Article I of the State Constitution.

21         Section 2.  (1)  The Department of Legal Affairs may

22  disclose a patient's identity in the information or records

23  reported under section 893.065, Florida Statutes, or the

24  electronic system for monitoring the prescribing of controlled

25  substances designed and established by the Department of Legal

26  Affairs whose identity is otherwise confidential and exempt

27  from the provisions of section 119.07(1), Florida Statutes,

28  and Section 24(a), Article I of the State Constitution, to the

29  following:

30         (a)  A practitioner defined under chapter 893, Florida

31  Statutes, who requests information and certifies that the

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    Florida Senate - 2002                                   SB 638
    16-517B-02




  1  information is necessary to provide medical treatment in

  2  accordance with section 893.05, Florida Statutes, to a current

  3  patient.

  4         (b)  A pharmacist licensed in this state who requests

  5  information and certifies that the requested information is to

  6  be used to dispense controlled substances in accordance with

  7  section 893.04, Florida Statutes, to a current patient.

  8         (c)  A criminal justice agency defined under section

  9  119.011, Florida Statutes, which enforces the laws of this

10  state or the United States relating to drugs and which is

11  engaged in a specific investigation involving a violation of

12  law.

13         (d)  An employee or agent of the Department of Health

14  who is involved in a specific investigation involving a

15  violation of the chapter regulating the alleged violator, the

16  rules of the Department of Health, or the rules of a board

17  regulating the alleged violator.

18         (2)(a)  A person who obtains information under this

19  section may not use the information to his or her own personal

20  advantage or reveal any information obtained in the

21  enforcement of law except in a prosecution or administrative

22  hearing for a violation of state or federal law or, if

23  applicable, to provide medical treatment in accordance with

24  section 893.05, Florida Statutes, to a current patient, or to

25  dispense controlled substances in accordance with section

26  893.04, Florida Statutes, to a current patient.

27         (b)  Any person who violates this subsection commits a

28  misdemeanor of the first degree, punishable as provided in

29  section 775.082 or section 775.083, Florida Statutes. However,

30  upon a second or subsequent violation, the person commits a

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    Florida Senate - 2002                                   SB 638
    16-517B-02




  1  felony of the third degree, punishable as provided in section

  2  775.082 or section 775.083.

  3         Section 3.  A practitioner, pharmacist, or other agency

  4  that obtains information reported under section 893.065,

  5  Florida Statutes, or in the electronic system for monitoring

  6  the prescribing of controlled substances designed and

  7  established by the Department of Legal Affairs which

  8  information would identify a patient must maintain the

  9  confidentiality of such information pursuant to section

10  456.057 and section 465.017, Florida Statutes, or as otherwise

11  required by law.

12         Section 4.  The Legislature finds that it is a public

13  necessity that all information reported to the Department of

14  Legal Affairs under section 893.065, Florida Statutes, or the

15  electronic system for monitoring the prescribing of controlled

16  substances designed and established by the Department of Legal

17  Affairs which information would identify a patient be held

18  confidential and exempt from disclosure because doing so will

19  facilitate the department's efforts to maintain compliance

20  with the state's drug laws by the accurate and timely

21  reporting by health care practitioners of potential drug

22  diversion without compromising a patient's privacy, with

23  certain exceptions. The exemption for a patient's identity in

24  the information or records reported under section 893.065,

25  Florida Statutes, or in the electronic system for monitoring

26  the prescribing of controlled substances facilitates the

27  sharing of information between health care practitioners so

28  that the practitioners may appropriately identify and evaluate

29  a patient's risk for drug diversion and the resulting abuse of

30  controlled substances without compromising a patient's

31  privacy. The Legislature further finds that the exemption for

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    Florida Senate - 2002                                   SB 638
    16-517B-02




  1  records identifying a patient within information or records

  2  reported to the Department of Legal Affairs is a public

  3  necessity to protect health-related information of a sensitive

  4  and personal nature. Matters of personal health are

  5  traditionally private and confidential concerns between a

  6  patient and a health care provider. The private and

  7  confidential nature of personal health matters pervades both

  8  the public and private health care sectors. For these reasons,

  9  an individual's expectation of a right to privacy in all

10  matters regarding his or her personal health necessitates this

11  exemption.

12         Section 5.  This act shall take effect on the effective

13  date of Senate Bill _____ or similar legislation.

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16                          SENATE SUMMARY

17    Exempts from public records laws certain health care
      records held by the Department of Legal Affairs which
18    relate to health care practitioners or pharmacists, law
      enforcement officers, or the Department of Health.
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