House Bill hb0875

    Florida House of Representatives - 2002                 HB 875

        By Representative Bilirakis






  1                      A bill to be entitled

  2         An act relating to public records; creating ss.

  3         458.353 and 459.028, F.S.; providing exemptions

  4         from public records requirements for

  5         information contained in reports made by

  6         physicians and osteopathic physicians of

  7         adverse incidents occurring in office practice

  8         settings; providing for future review and

  9         repeal; providing findings 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.  Section 458.353, Florida Statutes, is

15  created to read:

16         458.353  Notification of adverse incident; public

17  records exemption.--The information contained in the

18  notification of an adverse incident, which is required under

19  s. 458.351 and provided to the department by a physician

20  licensed under this chapter, is confidential and exempt from

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

22  State Constitution. The information may not be made available

23  to the public as part of the record of investigation or

24  prosecution in a disciplinary proceeding. This section is

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

26  accordance with s. 119.15 and shall stand repealed on October

27  2, 2007, unless reviewed and saved from repeal through

28  reenactment by the Legislature.

29         Section 2.  Section 459.028, Florida Statutes, is

30  created to read:

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






    Florida House of Representatives - 2002                 HB 875

    715-160-02






  1         459.028  Notification of adverse incident; public

  2  records exemption.--The information contained in the

  3  notification of an adverse incident, which is required under

  4  s. 459.026 and provided to the department by an osteopathic

  5  physician licensed under this chapter, is confidential and

  6  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

  7  I of the State Constitution.  The information may not be made

  8  available to the public as part of the record of investigation

  9  or prosecution in a disciplinary proceeding. This section is

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

11  accordance with s. 119.15 and shall stand repealed on October

12  2, 2007, unless reviewed and saved from repeal through

13  reenactment by the Legislature.

14         Section 3.  The Legislature finds that the exemptions

15  from public records requirements provided in ss. 458.353 and

16  459.028, Florida Statutes, are a public necessity and that it

17  would be an invasion of a patient's privacy for personal,

18  sensitive information contained in the notification of an

19  adverse incident to be publicly available. Furthermore, the

20  Legislature finds that failure to protect the confidentiality

21  of any information submitted to or collected by the Department

22  of Health pursuant to s. 458.351, Florida Statutes, or s.

23  459.026, Florida Statutes, regarding an adverse incident,

24  including, but not limited to, the identity of the patient,

25  the type of adverse incident, and the fact that an

26  investigation is being conducted, would deter the collection

27  and reporting of this information to the department. This

28  would prevent the department and the appropriate regulatory

29  boards from effectively carrying out their responsibility to

30  enforce safe patient care and take necessary disciplinary

31  action for practice violations. Release of such information

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    Florida House of Representatives - 2002                 HB 875

    715-160-02






  1  would deter physicians and osteopathic physicians licensed in

  2  this state from reporting adverse incidents. This could lead

  3  to the deterioration of services and care rendered, all to the

  4  detriment of the health of those served. These exemptions

  5  apply the same exemption accorded under ss. 395.0198 and

  6  395.0193, Florida Statutes, relating to the reporting of

  7  adverse incidents by facilities licensed under chapter 395,

  8  Florida Statutes. The Legislature has thus consistently and

  9  repeatedly acknowledged the public necessity of these types of

10  exemptions.

11         Section 4.  This act shall take effect upon becoming a

12  law.

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15                          HOUSE SUMMARY

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      Provides exemptions from public records requirements for
17    information contained in reports made by physicians and
      osteopathic physicians of adverse incidents occurring in
18    office practice settings. Provides a statement of public
      necessity and for future review and repeal.
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CODING: Words stricken are deletions; words underlined are additions.