1 | A bill to be entitled |
2 | An act relating to public records and meetings exemptions; |
3 | creating s. 381.0273, F.S.; providing that information |
4 | contained in patient safety data or other records |
5 | maintained by the Florida Patient Safety Corporation and |
6 | its subsidiaries, advisory committees, and contractors |
7 | that identifies a patient or that identifies the person or |
8 | entity reporting patient safety data is confidential and |
9 | exempt from public records requirements; providing that |
10 | portions of meetings held by the corporation and its |
11 | subsidiaries, advisory committees, and contractors at |
12 | which such information is discussed are exempt from public |
13 | meetings requirements; providing that minutes of closed |
14 | portions of certain meetings are confidential and exempt |
15 | from public records requirements; providing for future |
16 | legislative review and repeal under the Open Government |
17 | Sunset Review Act of 1995; providing a statement of public |
18 | necessity; providing a contingent effective date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. Section 381.0273, Florida Statutes, is created |
23 | to read: |
24 | 381.0273 Public records exemption for patient safety |
25 | data.-- |
26 | (1)(a) Information that identifies a patient contained in |
27 | patient safety data, as defined in s. 766.1016, or in other |
28 | records held by the Florida Patient Safety Corporation and its |
29 | subsidiaries, advisory committees, and contractors pursuant to |
30 | s. 381.0271 is confidential and exempt from s. 119.07(1) and s. |
31 | 24(a), Art. I of the State Constitution. |
32 | (b) Information that identifies the person or entity that |
33 | reports patient safety data, as defined in s. 766.1016, to the |
34 | corporation and that is contained in patient safety data or in |
35 | other records held by the Florida Patient Safety Corporation and |
36 | its subsidiaries, advisory committees, and contractors pursuant |
37 | to s. 381.0271 is confidential and exempt from s. 119.07(1) and |
38 | s. 24(a), Art. I of the State Constitution. |
39 | (2)(a) Any portion of a meeting held by the Florida |
40 | Patient Safety Corporation or its subsidiaries, advisory |
41 | committees, and contractors during which information made |
42 | confidential and exempt pursuant to subsection (1) is discussed |
43 | is exempt from s. 286.011 and s. 24(b), Art. I of the State |
44 | Constitution. |
45 | (b) The provisions of this subsection apply to those |
46 | portions of the minutes of such meetings that contain |
47 | information made confidential and exempt pursuant to subsection |
48 | (1). |
49 | (3) This section is subject to the Open Government Sunset |
50 | Review Act of 1995 in accordance with s. 119.15, and shall stand |
51 | repealed on October 2, 2009, unless reviewed and saved from |
52 | repeal through reenactment by the Legislature. |
53 | Section 2. The Legislature finds that it is a public |
54 | necessity that information that identifies a patient contained |
55 | in patient safety data, as defined in s. 766.1016, or other |
56 | records held by the Florida Patient Safety Corporation and its |
57 | subsidiaries, advisory committees, and contractors be made |
58 | confidential and exempt from public disclosure. Such information |
59 | is of a sensitive and personal nature and the release of such |
60 | information could be defamatory to the patient or could cause |
61 | unwarranted damage to the name or reputation of the patient. The |
62 | Legislature finds that it is a public necessity that information |
63 | that identifies the person or entity reporting patient safety |
64 | data to the Florida Patient Safety Corporation and its |
65 | subsidiaries, advisory committees, and contractors be protected |
66 | since health care practitioners and health care facilities would |
67 | be unlikely to voluntarily submit patient safety data if their |
68 | identity were made public because such information could be |
69 | defamatory to the person or entity or could cause unwarranted |
70 | damage to the name or reputation of the person or entity. The |
71 | Legislature further finds that it is a public necessity that any |
72 | portion of a meeting of the Florida Patient Safety Corporation |
73 | and its subsidiaries, advisory committees, and contractors be |
74 | closed when confidential and exempt information is discussed, |
75 | and that those portions of the minutes of such meetings are also |
76 | confidential and exempt. Without these protections, the |
77 | effectiveness of the Florida Patient Safety Corporation would be |
78 | jeopardized and the ability of the Florida Patient Safety |
79 | Corporation to assist health care practitioners and health care |
80 | facilities to reduce and prevent injury to patients in the |
81 | future would be significantly impaired. |
82 | Section 3. This act shall take effect upon becoming a law |
83 | if HB 1885 or similar legislation is adopted in the same |
84 | legislative session or an extension thereof and becomes law. |