SENATE AMENDMENT
Bill No. CS for SB 702
Amendment No. ___ Barcode 373908
CHAMBER ACTION
Senate House
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11 Senator Saunders moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 4, between lines 3 and 4,
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16 insert:
17 (3) Information that identifies a health care
18 practitioner or health care facility and that is contained in
19 patient safety data, as defined in s. 766.1016, or in other
20 records held by the Florida Patient Safety Corporation and its
21 subsidiaries, advisory committees, or contractors pursuant to
22 s. 381.0271, is confidential and exempt from s. 119.07(1) and
23 s. 24(a), Art. I of the State Constitution. Information that
24 identifies a health care practitioner or health care facility
25 and that is contained in patient safety data made confidential
26 and exempt from disclosure by this subsection may be disclosed
27 only:
28 (a) With the express written consent of the health
29 care practitioner or health care facility that is identified
30 in patient safety data reported to the corporation;
31 (b) By court order upon a showing of good cause; or
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SENATE AMENDMENT
Bill No. CS for SB 702
Amendment No. ___ Barcode 373908
1 (c) To a health research entity if the entity seeks
2 the records or data pursuant to a research protocol approved
3 by the corporation, maintains the records or data in
4 accordance with the approved protocol, and enters into a
5 purchase and data-use agreement with the corporation, the fee
6 provisions of which are consistent with s. 119.07(1)(a). The
7 corporation may deny a request for records or data that
8 identify the person or entity reporting patient safety data if
9 the protocol provides for intrusive follow-back contacts, has
10 not been approved by a human studies institutional review
11 board, does not plan for the destruction of confidential
12 records after the research is concluded, or does not have
13 scientific merit. The agreement must prohibit the release of
14 any information that would permit the identification of
15 persons or entities that report patient safety data, must
16 limit the use of records or data in conformance with the
17 approved research protocol, and must prohibit any other use of
18 the records or data. Copies of records or data issued under
19 this paragraph remain the property of the corporation.
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21 (Renumber subsequent subsection.)
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24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 On page 1, lines 8-9, delete those lines
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28 and insert:
29 identifies a patient, which identifies the
30 person or entity reporting patient safety data,
31 or which identifies a health care practitioner
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SENATE AMENDMENT
Bill No. CS for SB 702
Amendment No. ___ Barcode 373908
1 or health care facility;
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