HB 1029 2003
1	CHAMBER ACTION
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6	The Committee on State Administration recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
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11	A bill to be entitled
12	An act relating to notification of an adverse incident
13	provided to the Agency for Health Care Administration;
14	amending s. 395.0198, F.S., which provides an exemption
15	from public records requirements for information contained
16	in a notification of an adverse incident; removing the
17	October 2, 2003, repeal thereof scheduled pursuant to the
18	Open Government Sunset Review Act of 1995; providing that
19	such information is discoverable or admissible in a
20	disciplinary proceeding by the Department of Health;
21	providing an effective date.
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23	Be It Enacted by the Legislature of the State of Florida:
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25	Section 1. Notwithstanding the October 2, 2003, repeal of
26	said section scheduled pursuant to the Open Government Sunset
27	Review Act of 1995, section 395.0198, Florida Statutes, is
28	amended to read:
29	395.0198 Notification of adverse incident; public records
30	exemption.--The information contained in the notification of an
31	adverse incident, which is required under s. 395.0197(7) and
32	provided to the Agency for Health Care Administration by a
33	facility licensed under this chapter is confidential and exempt
34	from s. 119.07(1) and s. 24(a), Art. I of the State
35	Constitution. In addition, the information is not discoverable
36	or admissible in a civil or administrative action, unless the
37	action is a disciplinary proceeding by the Agency for Health
38	Care Administration, the Department of Health,or the
39	appropriate regulatory board. The information may not be made
40	available to the public as part of the record of investigation
41	or prosecution in a disciplinary proceeding which is made
42	available by the Agency for Health Care Administration or a
43	regulatory board. This exemption is subject to the Open
44	Government Sunset Review Act of 1995 in accordance with s.
45	119.15 and shall stand repealed on October 2, 2003, unless
46	reviewed and saved from repeal through reenactment by the
47	Legislature.
48	Section 2. This act shall take effect October 1, 2003.