Senate Bill sb0084
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Florida Senate - 2002 SB 84
By Senator Brown-Waite
10-36-02
1 A bill to be entitled
2 An act relating to public records and meetings;
3 amending s. 400.119, F.S.; revising the repeal
4 date for an exemption from the public-records
5 law for certain records relating to internal
6 risk-management programs in nursing homes and
7 assisted living facilities and an exemption
8 from the public-meetings law for meetings of
9 internal risk-management and quality-assurance
10 committees in nursing homes and assisted living
11 facilities; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 400.119, Florida Statutes, is
16 amended to read:
17 400.119 Confidentiality of records and meetings of
18 risk management and quality assurance committees.--
19 (1) Records of meetings of the risk management and
20 quality assurance committee of a long-term care facility
21 licensed under this part or part III of this chapter, as well
22 as incident reports filed with the facility's risk manager and
23 administrator, notifications of the occurrence of an adverse
24 incident, and adverse incident reports from the facility are
25 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
26 of the State Constitution. However, if the Agency for Health
27 Care Administration has a reasonable belief that conduct by a
28 staff member or employee of a facility is criminal activity or
29 grounds for disciplinary action by a regulatory board, the
30 agency may disclose such records to the appropriate law
31 enforcement agency or regulatory board.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 84
10-36-02
1 (2) Records that are confidential and exempt under
2 subsection (1) and that are obtained by a regulatory board are
3 not available to the public as part of the record of
4 investigation and prosecution in a disciplinary proceeding
5 made available to the public by the agency or the appropriate
6 regulatory board. However, the agency or the appropriate
7 regulatory board shall make available, upon request by a
8 health care professional against whom probable cause has been
9 found, any such records that form the basis of the
10 determination of probable cause.
11 (3) Records disclosed to a law enforcement agency
12 pursuant to subsection (1) remain confidential and exempt
13 until criminal charges are filed.
14 (4) The meetings of an internal risk management and
15 quality assurance committee of a long-term care facility
16 licensed under this part or part III of this chapter are
17 exempt from s. 286.011 and s. 24(b), Art. I of the State
18 Constitution and are not open to the public.
19 (5) This section is subject to the Open Government
20 Sunset Review Act of 1995 in accordance with s. 119.15, and
21 shall stand repealed on October 2 1, 2006, unless reviewed and
22 saved from repeal through reenactment by the Legislature.
23 Section 2. This act shall take effect upon becoming a
24 law.
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27 SENATE SUMMARY
28 Postpones by 1 day the repeal date for an exemption from
the public-records law and public-meetings law relating
29 to internal risk-management programs in nursing homes and
assisted living facilities.
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31
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CODING: Words stricken are deletions; words underlined are additions.