Senate Bill sb0006B

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    Florida Senate - 2003                                   SB 6-B

    By Senator Jones and Saunders





    13-2664-03

  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 for construction

15         of the act in pari materia with laws enacted

16         during the 2003 Regular Session and 2003

17         Special Session A of the Legislature; providing

18         an effective date.

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

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22         Section 1.  Notwithstanding the repeal scheduled on

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

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

25  amended to read:

26         395.0198  Notification of adverse incident; public

27  records exemption.--

28         (1)  The following information contained in the

29  notification of an adverse incident, which is required under

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

31  Administration by a facility licensed under this chapter, is

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    Florida Senate - 2003                                   SB 6-B
    13-2664-03




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

 2  of the State Constitution:.

 3         (a)  Information that identifies the facility licensed

 4  under this chapter involved in the incident.

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

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

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

 8  the patient involved in the incident.

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

10  the health care practitioner involved in the incident.

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

12  examiner.

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

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

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

16  disciplinary proceeding by the Agency for Health Care

17  Administration, the Department of Health, or the appropriate

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

19  the public as part of the record of investigation or

20  prosecution in a disciplinary proceeding which is made

21  available by the Agency for Health Care Administration or a

22  regulatory board. This exemption is subject to the Open

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

24  119.15 and shall stand repealed on October 2, 2003, unless

25  reviewed and saved from repeal through reenactment by the

26  Legislature.

27         Section 2.  If any law that is amended by this act was

28  also amended by a law enacted at the 2003 Regular Session or

29  2003 Special Session A of the Legislature, such laws shall be

30  construed as if they had been enacted during the same session

31  

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    Florida Senate - 2003                                   SB 6-B
    13-2664-03




 1  of the Legislature, and full effect should be given to each if

 2  that is possible.

 3         Section 3.  This act shall take effect October 1, 2003.

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 6                          SENATE SUMMARY

 7    Provides that certain specified information contained in
      a notification of an adverse incident is confidential and
 8    exempt from disclosure under the public-records law.
      Removes the repeal of the exemption scheduled on October
 9    2, 2003, under the Open Government Sunset Review Act of
      1995.
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