SENATE AMENDMENT
    Bill No. SB 1912
    Amendment No. 6   Barcode 845506
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Health, Aging, and Long-Term Care recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 62, line 10 through p. 65, line 18, delete
16  those lines
17  
18  and insert:  
19         Section 17.  Patient safety data privilege.--
20         (1)  As used in this section, the term:
21         (a)  "Patient safety data" means reports made to
22  patient safety organizations, including all health care data,
23  interviews, memoranda, analyses, root cause analyses, products
24  of quality assurance or quality improvement processes,
25  corrective action plans, or information collected or created
26  by a health care facility licensed under chapter 395 or a
27  health care practitioner as defined in s. 456.001(4) as a
28  result of an occurrence related to the provision of health
29  care services which exacerbates an existing medical condition
30  or could result in injury, illness, or death.
31         (b)  "Patient safety organization" means any
                                  1
    8:54 PM   03/20/03                                 s1912.hc.06

SENATE AMENDMENT Bill No. SB 1912 Amendment No. 6 Barcode 845506 1 organization, group, or other entity that collects and 2 analyzes patient safety data for the purpose of improving 3 patient safety and health care outcomes and that is 4 independent and not under the control of the entity that 5 reports patient safety data. 6 (2) Patient safety data shall not be subject to 7 discovery or introduction into evidence in any civil or 8 administrative action. 9 (3) Unless otherwise provided by law, a patient safety 10 organization shall promptly remove all patient-identifying 11 information after receipt of a complete patient safety data 12 report unless such organization is otherwise permitted by 13 state or federal law to maintain such information. Patient 14 safety organizations shall maintain the confidentiality of all 15 patient-identifying information and may not disseminate such 16 information, except as permitted by state or federal law. 17 (4) The exchange of patient safety data among health 18 care facilities licensed under chapter 395 or health care 19 practitioners as defined in s. 456.001 (4), or patient safety 20 organizations which does not identify any patient shall not 21 constitute a waiver of any privilege established in this 22 section. 23 (5) Reports of patient safety data to patient safety 24 organizations does not abrogate obligations to make reports to 25 the Department of Health, the Agency for Health Care 26 Administration, or other state or federal regulatory agencies. 27 (6) An employer may not take retaliatory action 28 against an employee who in good faith makes a report of 29 patient safety data to a patient safety organization. 30 31 2 8:54 PM 03/20/03 s1912.hc.06
SENATE AMENDMENT Bill No. SB 1912 Amendment No. 6 Barcode 845506 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 7, line 9-24, delete those lines 4 5 and insert: 6 processes; designating as privileged patient 7 safety data; providing for protection of 8 patient-identifying information; directing the 9 Department of 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 8:54 PM 03/20/03 s1912.hc.06