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



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 699

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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11  The Committee on State Administration offered the following:

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13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

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16  and insert:

17         Section 1.  Section 893.066, Florida Statutes, is

18  created to read:

19         893.066  Public records exemption.--

20         (1)  Personal identifying information regarding a

21  patient contained in a public record as defined in s. 119.011,

22  held by the Department of Legal Affairs pursuant to s. 893.065

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

24  and s. 24(a), Art. I of the State Constitution.  The

25  Department of Legal Affairs may disclose a patient's identity

26  contained in such records to the following:

27         a.  A practitioner who requests information and

28  certified that the information is necessary to provide medical

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

30         b.  A pharmacist licensed in this state who requests

31  information and certifies that the requested information is to

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    File original & 9 copies    02/12/02
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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 699

    Amendment No. ___ (for drafter's use only)





  1  be used to dispense controlled substances to a current patient

  2  in accordance with s. 893.04.

  3         c.  A criminal justice agency, as defined in s.

  4  119.011, which enforces the laws of this state or the United

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

  6  investigation involving a violation of law.

  7         d.  An employee or agent of the Department of Health

  8  who is involved in a specific investigation with regard to a

  9  violation of the chapter regulating the alleged violator, the

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

11  regulating the alleged violator.

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13  A practitioner, pharmacist, criminal justice agency, or

14  employee or agent of the Department of Health who obtains such

15  information must maintain the confidential and exempt status

16  of that information.  This exemption is made subject to the

17  Open Government Sunset Review Act of 1995 in accordance with

18  s. 119.15, and shall stand repealed unless reviewed and saved

19  from repeal through reenactment by the Legislature.

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

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

22  775.082 or s. 775.083.  However, upon a second or subsequent

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

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

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

26  necessity that the information made confidential and exempt by

27  this act be held confidential and exempt in order to

28  facilitate the Department of Legal Affairs' efforts to

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

30  and timely reporting by health care practitioners of potential

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

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    File original & 9 copies    02/12/02
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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 699

    Amendment No. ___ (for drafter's use only)





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

  2  identifying information contained in a public record as

  3  defined in s. 119.011, which includes information held in an

  4  electronic format, held by the Department of Legal Affairs

  5  pursuant to s. 893.065 facilitates the sharing of information

  6  between health care practitioners so that the practitioners

  7  may appropriately identify and evaluate a patient's risk for

  8  drug diversion and the resulting abuse of controlled

  9  substances without compromising a patient's privacy. The

10  Legislature further finds that the exemption for such

11  information is a public necessity in order to protect a

12  patient's health-related information.  Matters of personal

13  health are traditionally private and confidential concerns

14  between a patient and a health care provider.  The private and

15  confidential nature of personal health matters pervades both

16  the public and private health care sectors.  If the patient's

17  personal identifying information were not confidential and

18  exempt, then that patient's name would be connected to his or

19  her prescription.  By connecting the patient's name with the

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

21  that patient's medical condition, thereby intruding upon the

22  patient's right to privacy in matters regarding his or her

23  personal health.

24         Section 3.  This act shall take effect upon the passage

25  of House Bill 701 or similar legislation.

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27

28  ================ T I T L E   A M E N D M E N T ===============

29  And the title is amended as follows:

30         On page 1, lines 2 through 9,

31  remove:  all of said lines

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 699

    Amendment No. ___ (for drafter's use only)





  1  and insert:

  2         An act relating to a public records exemption;

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

  4         records exemption for personal identifying

  5         information regarding a patient contained in

  6         public records held by the Department of Legal

  7         Affairs; 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;

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    File original & 9 copies    02/12/02
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