Senate Bill sb1034c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 1034

    By the Committee on Health Regulation; and Senator Atwater


  1                      A bill to be entitled

  2         An act relating to public records; exempting

  3         from public-records requirements personal

  4         identifying information contained in workforce

  5         surveys completed by physicians as a condition

  6         of license renewal and provided to the

  7         Department of Health; authorizing certain

  8         entities access to such personal identifying

  9         information; providing guidelines for the use

10         of such information; providing for future

11         legislative review and repeal of the exemption

12         under the Open Government Sunset Review Act;

13         providing a finding of public necessity;

14         providing a contingent effective date.


16  Be It Enacted by the Legislature of the State of Florida:


18         Section 1.  Confidentiality of certain information

19  contained in physician workforce surveys.--

20         (1)  All personal identifying information contained in

21  records provided by physicians licensed under chapter 458 or

22  chapter 459, Florida Statutes, in response to physician

23  workforce surveys required as a condition of license renewal

24  and held by the Department of Health is confidential and

25  exempt from s. 119.07(1), Florida Statutes, and Section 24(a),

26  Article I of the State Constitution, except as otherwise

27  provided in this subsection. Information made confidential and

28  exempt by this subsection shall be disclosed:

29         (a)  With the express written consent of the individual

30  to whom the information pertains or the individual's legally

31  authorized representative.


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

    Florida Senate - 2007                           CS for SB 1034

 1         (b)  By court order upon a showing of good cause.

 2         (c)  To a research entity, if the entity seeks the

 3  records or data pursuant to a research protocol approved by

 4  the Department of Health, maintains the records or data in

 5  accordance with the approved protocol, and enters into a

 6  purchase and data-use agreement with the department, the fee

 7  provisions of which are consistent with s. 119.07(4), Florida

 8  Statutes. The department may deny a request for records or

 9  data if the protocol provides for intrusive follow-back

10  contacts, does not plan for the destruction of confidential

11  records after the research is concluded, is administratively

12  burdensome, or does not have scientific merit. The agreement

13  must restrict the release of information that would identify

14  individuals, must limit the use of records or data to the

15  approved research protocol, and must prohibit any other use of

16  the records or data. Copies of records or data issued pursuant

17  to this paragraph remain the property of the department.

18         (2)  This section is subject to the Open Government

19  Sunset Review Act in accordance with s. 119.15, Florida

20  Statutes, and shall stand repealed on October 2, 2012, unless

21  reviewed and saved from repeal through reenactment by the

22  Legislature.

23         Section 2.  The Legislature finds that it is a public

24  necessity that personal identifying information concerning a

25  physician licensed under chapter 458 or chapter 459, Florida

26  Statutes, who responds to a physician workforce survey as a

27  condition of licensure renewal be made confidential and exempt

28  from disclosure. Candid and honest responses by licensed

29  physicians to the workforce survey will ensure that timely and

30  accurate information is available for the Department of Health

31  to review and use in making important policy decisions


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

    Florida Senate - 2007                           CS for SB 1034

 1  regarding the use of resources to facilitate the needs of

 2  current or projected medically underserved areas in the state.

 3  Long-term planning is essential for improving health care

 4  access for Florida residents and enabling the use of

 5  strategies for a well-trained supply of physicians based on

 6  the information provided by physicians in the surveys.

 7  Accurate and honest information from the physician surveys

 8  will assist state policymakers in their decisions to ensure

 9  the availability of quality medical schools and graduate

10  medical education and the development of strategies that might

11  provide for physicians to practice in needed specialties and

12  in underserved areas in a manner that addresses projected

13  needs for physician manpower. Thus, the Legislature finds that

14  the failure to maintain the confidentiality of such personal

15  identifying information would frustrate and prevent the

16  resolution of important state interests to implement and

17  maintain effective strategies to ensure the availability of

18  physicians in the State of Florida.

19         Section 3.  This act shall take effect on the same date

20  that Senate Bill 770, or similar legislation requiring a

21  physician workforce survey as a condition of licensure, takes

22  effect if such legislation is adopted in the same legislative

23  session or an extension thereof and becomes law.


                       COMMITTEE SUBSTITUTE FOR
26                         Senate Bill 1034


28  The committee substitute no longer provides legislative intent
    to create an exemption to the public records requirements. The
29  committee substitute creates an exemption from the Public
    Records Law to make personal identifying information contained
30  in records which physicians must complete as a condition of
    license renewal and reported to the Department of Health.


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