| 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. |