House Bill hb0699
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Florida House of Representatives - 2002 HB 699
By Representative Crow
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.
11
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 House of Representatives - 2002 HB 699
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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, Florida Statutes, or section 775.083, Florida
30 Statutes. However, upon a second or subsequent violation, the
31 person commits a felony of the third degree, punishable as
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Florida House of Representatives - 2002 HB 699
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1 provided in section 775.082, Florida Statutes, or section
2 775.083, Florida Statutes.
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 sections
10 456.057 and 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 House of Representatives - 2002 HB 699
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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 LEGISLATIVE SUMMARY
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Exempts from public records laws certain health care
18 records held by the Department of Legal Affairs which
relate to health care practitioners or pharmacists, law
19 enforcement officers, or the Department of Health.
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