Senate Bill sb0638c1

    Florida Senate - 2002                            CS for SB 638

    By the Committee on Health, Aging and Long-Term Care; and
    Senator Burt




    317-1767-02

  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 for future repeal and review;

  8         providing guidelines for the use of such

  9         information and penalties for violations;

10         providing a finding of public necessity;

11         providing an effective date.

12

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

14

15         Section 1.  All information and records reported under

16  section 893.065, Florida Statutes, or the electronic system

17  for monitoring the prescribing of controlled substances

18  designed and established by the Department of Legal Affairs

19  which would identify a patient are confidential and exempt

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

21  and Section 24(a) of Article I of the State Constitution. This

22  section is subject to the Open Government Sunset Review Act of

23  1995 in accordance with section 119.15, Florida Statutes, and

24  shall stand repealed October 2, 2007, unless reviewed and

25  saved from repeal through reenactment by the Legislature.

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

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

28  reported under section 893.065, Florida Statutes, or the

29  electronic system for monitoring the prescribing of controlled

30  substances designed and established by the Department of Legal

31  Affairs whose identity is otherwise confidential and exempt

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    Florida Senate - 2002                            CS for SB 638
    317-1767-02




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

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

  3  following:

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

  5  Statutes, who requests information and certifies that the

  6  information is necessary to provide medical treatment in

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

  8  patient.

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

10  information and certifies that the requested information is to

11  be used to dispense controlled substances in accordance with

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

13         (c)  A criminal justice agency defined under section

14  119.011, Florida Statutes, which enforces the laws of this

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

16  engaged in a specific investigation involving a violation of

17  law.

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

19  who is involved in a specific investigation involving a

20  violation of the chapter regulating the alleged violator, the

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

22  regulating the alleged violator.

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

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

25  advantage or reveal any information obtained in the

26  enforcement of law except in a prosecution or administrative

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

28  applicable, to provide medical treatment in accordance with

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

30  dispense controlled substances in accordance with section

31  893.04, Florida Statutes, to a current patient.

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    Florida Senate - 2002                            CS for SB 638
    317-1767-02




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

  2  misdemeanor of the first degree, punishable as provided in

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

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

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

  6  775.082 or section 775.083.

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

  8  that obtains information reported under section 893.065,

  9  Florida Statutes, or in the electronic system for monitoring

10  the prescribing of controlled substances designed and

11  established by the Department of Legal Affairs which

12  information would identify a patient must maintain the

13  confidentiality of such information pursuant to section

14  456.057 and section 465.017, Florida Statutes, or as otherwise

15  required by law.

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

17  necessity that all information reported to the Department of

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

19  electronic system for monitoring the prescribing of controlled

20  substances designed and established by the Department of Legal

21  Affairs which information would identify a patient be held

22  confidential and exempt from disclosure because doing so will

23  facilitate the department's efforts to maintain compliance

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

25  reporting by health care practitioners of potential drug

26  diversion without compromising a patient's privacy, with

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

28  the information or records reported under section 893.065,

29  Florida Statutes, or in the electronic system for monitoring

30  the prescribing of controlled substances facilitates the

31  sharing of information between health care practitioners so

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    Florida Senate - 2002                            CS for SB 638
    317-1767-02




  1  that the practitioners may appropriately identify and evaluate

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

  3  controlled substances without compromising a patient's

  4  privacy. The Legislature further finds that the exemption for

  5  records identifying a patient within information or records

  6  reported to the Department of Legal Affairs is a public

  7  necessity to protect health-related information of a sensitive

  8  and personal nature. Matters of personal health are

  9  traditionally private and confidential concerns between a

10  patient and a health care provider. The private and

11  confidential nature of personal health matters pervades both

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

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

14  matters regarding his or her personal health necessitates this

15  exemption.

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

17  date of Committee Substitute for Senate Bill 636 or similar

18  legislation.

19

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 638

22

23  The Committee Substitute for SB 638 makes the public records
    exemption subject to the Open Government Sunset Review Act of
24  1995 and provides for a future repeal and review of the
    exemption in accordance with that act.
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