Senate Bill sb0006C
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Florida Senate - 2003 SB 6-C
By Senators Jones and Saunders
13-2713-03
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; removing
12 the repeal of the exemption scheduled under the
13 Open Government Sunset Review Act of 1995;
14 providing for construction of the act in pari
15 materia with laws enacted during the 2003
16 Regular Session or a 2003 Special Session of
17 the Legislature; providing an effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Notwithstanding the repeal scheduled on
22 October 2, 2003, under the Open Government Sunset Review Act
23 of 1995, section 395.0198, Florida Statutes, is amended to
24 read:
25 395.0198 Notification of adverse incident; public
26 records exemption.--
27 (1) The following information contained in the
28 notification of an adverse incident, which is required under
29 s. 395.0197(7) and provided to the Agency for Health Care
30 Administration by a facility licensed under this chapter, is
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Florida Senate - 2003 SB 6-C
13-2713-03
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 a
29 2003 Special Session of the Legislature, such laws shall be
30 construed as if they had been enacted during the same session
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Florida Senate - 2003 SB 6-C
13-2713-03
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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