Senate Bill sb0274c1

    Florida Senate - 2003                            CS for SB 274

    By the Committees on Governmental Oversight and Productivity;
    and Health, Aging, and Long-Term Care




    302-2396-03

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         395.0198, F.S.; which provides an exemption

  4         from public-records requirements for the

  5         information contained in the notification of an

  6         adverse incident provided to the Agency for

  7         Health Care Administration by a facility

  8         licensed under ch. 395, F.S.; specifying

  9         information covered under the exemption;

10         authorizing the use of the information as part

11         of certain disciplinary proceedings; reenacting

12         the exemption and removing the repeal thereof

13         scheduled under the Open Government Sunset

14         Review Act of 1995; providing an effective

15         date.

16  

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

18  

19         Section 1.  Notwithstanding the repeal scheduled on

20  October 2, 2003, under the Open Government Sunset Review Act

21  of 1995, section 395.0198, Florida Statutes, is reenacted and

22  amended to read:

23         395.0198  Notification of adverse incident; public

24  records exemption.--

25         (1)  The following information contained in the

26  notification of an adverse incident, which is required under

27  s. 395.0197(7) and provided to the Agency for Health Care

28  Administration by a facility licensed under this chapter, is

29  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

30  of the State Constitution:.

31  

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






    Florida Senate - 2003                            CS for SB 274
    302-2396-03




 1         (a)  Information that identifies the facility licensed

 2  under this chapter involved in the incident.

 3         (b)  The name of or other information that identifies

 4  the person reporting the incident on behalf of the facility.

 5         (c)  The name of or other information that identifies

 6  the patient involved in the incident.

 7         (d)  The name of or other information that identifies

 8  the health care practitioner involved in the incident.

 9         (e)  The name of or the contact number for the medical

10  examiner.

11         (2)  In addition, The information made confidential and

12  exempt by subsection (1) is not discoverable or admissible in

13  a civil or administrative action, unless the action is a

14  disciplinary proceeding by the Agency for Health Care

15  Administration, the Department of Health, or the appropriate

16  regulatory board. The information may not be made available to

17  the public as part of the record of investigation or

18  prosecution in a disciplinary proceeding which is made

19  available by the Agency for Health Care Administration or a

20  regulatory board. This exemption is subject to the Open

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

22  119.15 and shall stand repealed on October 2, 2003, unless

23  reviewed and saved from repeal through reenactment by the

24  Legislature.

25         Section 2.  This act shall take effect October 1, 2003.

26  

27          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
28                              SB 274

29                                 

30  Removes from exemption descriptions of the circumstances of an
    incident and the actions taken to implement an investigation.
31  

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