HB 7223CS

CHAMBER ACTION




1The State Administration Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
6
A bill to be entitled
7An act relating to a review under the Open Government
8Sunset Review Act regarding medical records and health
9records; amending s. 119.0712, F.S., relating to an
10exemption from public records requirements for personal
11identifying information, bank account numbers, and debit,
12charge, and credit card numbers contained in certain
13records held by the Department of Health which relate to
14an individual's personal health or eligibility for health
15services; removing the exemption for bank account numbers
16and debit, charge, and credit card numbers contained in
17such records; removing the scheduled repeal of the
18exemption; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Subsection (1) of section 119.0712, Florida
23Statutes, is amended to read:
24     119.0712  Executive branch agency-specific exemptions from
25inspection or copying of public records.--
26     (1)  DEPARTMENT OF HEALTH.--All personal identifying
27information; bank account numbers; and debit, charge, and credit
28card numbers contained in records relating to an individual's
29personal health or eligibility for health-related services held
30by the Department of Health are confidential and exempt from s.
31119.07(1) and s. 24(a), Art. I of the State Constitution, except
32as otherwise provided in this subsection. Information made
33confidential and exempt by this subsection shall be disclosed:
34     (a)  With the express written consent of the individual or
35the individual's legally authorized representative.
36     (b)  In a medical emergency, but only to the extent
37necessary to protect the health or life of the individual.
38     (c)  By court order upon a showing of good cause.
39     (d)  To a health research entity, if the entity seeks the
40records or data pursuant to a research protocol approved by the
41department, maintains the records or data in accordance with the
42approved protocol, and enters into a purchase and data-use
43agreement with the department, the fee provisions of which are
44consistent with s. 119.07(4). The department may deny a request
45for records or data if the protocol provides for intrusive
46follow-back contacts, has not been approved by a human studies
47institutional review board, does not plan for the destruction of
48confidential records after the research is concluded, is
49administratively burdensome, or does not have scientific merit.
50The agreement must restrict the release of any information that
51would permit the identification of persons, limit the use of
52records or data to the approved research protocol, and prohibit
53any other use of the records or data. Copies of records or data
54issued pursuant to this paragraph remain the property of the
55department.
56
57This subsection is subject to the Open Government Sunset Review
58Act in accordance with s. 119.15 and shall stand repealed on
59October 2, 2006, unless reviewed and saved from repeal through
60reenactment by the Legislature.
61     Section 2.  This act shall take effect October 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.