Senate Bill sb0638c2

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    Florida Senate - 2002                     CS for CS for SB 638

    By the Committees on Governmental Oversight and Productivity;
    Health, Aging and Long-Term Care; and Senator Burt




    302-1920-02

  1                      A bill to be entitled

  2         An act relating to public-records exemptions;

  3         creating s. 893.066, F.S.; creating a

  4         public-records exemption for personal

  5         identifying information regarding a patient

  6         held by the Department of Legal Affairs;

  7         providing exceptions to the exemption;

  8         providing a criminal penalty for violating the

  9         provisions of the public-records exemption;

10         providing for future review and repeal;

11         providing a statement of public necessity;

12         providing an effective date.

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

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16         Section 1.  Section 893.066, Florida Statutes, is

17  created to read:

18         893.066  Public-records exemption.--

19         (1)  Personal identifying information regarding a

20  patient reported under s. 893.065 and contained in the

21  electronic system that monitors the prescribing of controlled

22  substances and that is designed and established by the

23  Department of Legal Affairs is confidential and exempt from

24  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

25  State Constitution. The Department of Legal Affairs may

26  disclose a patient's identity contained in the electronic

27  system to the following:

28         (a)  A practitioner who requests information and

29  certifies that the information is necessary to provide medical

30  treatment to a current patient in accordance with s. 893.05.

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    Florida Senate - 2002                     CS for CS for SB 638
    302-1920-02




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

  2  information and certifies that the requested information is to

  3  be used to dispense controlled substances to a current patient

  4  in accordance with s. 893.04.

  5         (c)  A criminal justice agency, as defined in s.

  6  119.011, which enforces the laws of this state or the United

  7  States relating to drugs and which is engaged in a specific

  8  investigation involving a violation of law.

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

10  who is involved in a specific investigation involving a

11  violation of the chapter regulating the alleged violator, the

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

13  regulating the alleged violator.

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15  A practitioner, pharmacist, criminal justice agency, or

16  employee or agent of the Department of Health who obtains the

17  personal identifying information made confidential and exempt

18  pursuant to this section must maintain the confidential and

19  exempt status of that information. This exemption is made

20  subject to the Open Government Sunset Review Act of 1995 in

21  accordance with s. 119.15, and shall stand repealed unless

22  reviewed and saved from repeal through reenactment by the

23  Legislature.

24         (2)  Any person who violates this section commits a

25  misdemeanor of the first degree, punishable as provided in s.

26  775.082 or s. 775.083. However, upon a second or subsequent

27  violation, the person commits a felony of the third degree,

28  punishable as provided in s. 775.082 or s. 775.083.

29         Section 2.  The Legislature finds that it is a public

30  necessity that the information made confidential and exempt by

31  this act be held confidential and exempt in order to

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    Florida Senate - 2002                     CS for CS for SB 638
    302-1920-02




  1  facilitate the Department of Legal Affairs' efforts to

  2  maintain compliance with the state's drug laws by the accurate

  3  and timely reporting by health care practitioners of potential

  4  drug diversion without compromising a patient's privacy, with

  5  certain exceptions. The exemption for a patient's personal

  6  identifying information reported under section 893.065,

  7  Florida Statutes, and contained in the electronic system for

  8  monitoring the prescribing of controlled substances

  9  facilitates the sharing of information among health care

10  practitioners so that the practitioners may appropriately

11  identify and evaluate a patient's risk for drug diversion and

12  the resulting abuse of controlled substances without

13  compromising a patient's privacy. The Legislature further

14  finds that the exemption for such information is a public

15  necessity in order to protect a patient's health-related

16  information. Matters of personal health are traditionally

17  private and confidential concerns between a patient and a

18  health care provider. The private and confidential nature of

19  personal health matters pervades both the public and private

20  health care sectors. If the patient's personal identifying

21  information were not confidential and exempt, then that

22  patient's name would be associated with his or her

23  prescription. By associating the patient's name with the

24  patient's prescription, a third party could then determine

25  that patient's ailment, thereby intruding upon the patient's

26  right to privacy in all matters regarding his or her personal

27  health.

28         Section 3.  This act shall take effect upon the

29  effective date of House Bill 701 or similar legislation.

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    Florida Senate - 2002                     CS for CS for SB 638
    302-1920-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 638

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  4  Clarifies and simplifies the exemption and the exceptions to
    the exemption.
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    Provides more specificity to the statement of public
  6  necessity.

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