Senate Bill sb1942

    Florida Senate - 2003                                  SB 1942

    By Senator Peaden





    2-1447-03

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         458.353, F.S.; providing exemptions from

  4         public-records requirements for information

  5         contained in reports made by physicians of

  6         adverse incidents occurring in office practice

  7         settings; providing for future review and

  8         repeal; providing findings of public necessity;

  9         providing an effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Section 458.353, Florida Statutes, is

14  created to read:

15         458.353  Notification of adverse incident; public

16  records exemption.--The information contained in the

17  notification of an adverse incident, which is required under

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

19  licensed under this chapter, is confidential and exempt from

20  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

21  The information may not be made available to the public as

22  part of the record of investigation or prosecution in a

23  disciplinary proceeding. This section is subject to the Open

24  Government Sunset Review Act of 1995 in accordance with s.

25  119.15 and shall stand repealed October 2, 2008, unless

26  reviewed and saved from repeal through reenactment by the

27  Legislature.

28         Section 2.  The Legislature finds that the exemption

29  from public records requirements provided in section 458.353,

30  Florida Statutes, is a public necessity, and that it would be

31  an invasion of a patient's privacy for personal, sensitive

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






    Florida Senate - 2003                                  SB 1942
    2-1447-03




 1  information contained in the notification of an adverse

 2  incident to be publicly available. Furthermore, the

 3  Legislature finds that failure to protect the confidentiality

 4  of any information submitted to or collected by the Department

 5  of Health pursuant to section 458.351, Florida Statutes,

 6  regarding an adverse incident, including, but not limited to,

 7  the identity of the patient, the type of adverse incident, and

 8  the fact that an investigation is being conducted, would deter

 9  the collection and reporting of this information to the

10  department. This would prevent the department and the

11  appropriate regulatory boards from effectively carrying out

12  their responsibility to enforce safe patient care and take

13  necessary disciplinary action for practice violations. Release

14  of such information would deter physicians licensed in this

15  state from reporting adverse incidents and could lead to the

16  deterioration of services and care rendered, to the detriment

17  of the health of those served.

18         Section 3.  This act shall take effect upon becoming a

19  law.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Provides exemptions from public-records requirements for
      information contained in reports made by physicians of
24    adverse incidents occurring in office practice settings.
      Provides for future review and repeal. Provides findings
25    of public necessity.

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