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35	119.15 and shall stand repealed on October 2, 2003, unless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