Florida Senate - 2015 SB 1626
By Senator Brandes
22-01521A-15 20151626__
1 A bill to be entitled
2 An act relating to public records; creating s.
3 408.0641, F.S.; creating an exemption from public
4 records for identifying information in compassionate
5 and palliative care plans filed with the Clearinghouse
6 for Compassionate and Palliative Care Plans;
7 authorizing the disclosure of certain information to
8 certain entities and individuals; providing for future
9 legislative review and repeal of the exemption under
10 the Open Government Sunset Review Act; providing a
11 statement of public necessity; providing a contingent
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 408.0641, Florida Statutes, is created
17 to read:
18 408.0641 Clearinghouse for compassionate and palliative
19 care plans; public records exemption.—
20 (1) Information held in the Clearinghouse for Compassionate
21 and Palliative Care Plans under s. 408.064 is confidential and
22 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
23 Constitution.
24 (2) The agency may disclose such confidential and exempt
25 information to the following persons or entities upon request
26 after using a verification process to ensure the legitimacy of
27 the request and the requestor’s identity:
28 (a) A physician who certifies that the information is
29 necessary to provide medical treatment to a patient with a
30 terminal illness who has a plan in the clearinghouse.
31 (b) A patient or the legal guardian or designated health
32 care surrogate for a patient with a terminal illness who has a
33 plan in the clearinghouse.
34 (c) A health care facility that certifies that the
35 information is necessary to provide medical treatment to a
36 patient with a terminal illness who has a plan in the
37 clearinghouse.
38 (3) This section is subject to the Open Government Sunset
39 Review Act in accordance with s. 119.15 and shall stand repealed
40 on October 2, 2020, unless reviewed and saved from repeal
41 through reenactment by the Legislature.
42 Section 2. The Legislature finds that it is a public
43 necessity to make confidential and exempt from disclosure
44 information held in the Clearinghouse for Compassionate and
45 Palliative Care Plans which would identify a patient, his or her
46 terminal illness, or the patient’s family members. Such personal
47 identifying information, if publicly available, could be used to
48 invade the personal privacy of the patient or his or her family.
49 The decisions made under a compassionate and palliative care
50 plan for a terminal condition are a private matter. Furthermore,
51 the public disclosure of such information could hinder the
52 effective and efficient administration of the Clearinghouse for
53 Compassionate and Palliative Care Plans. Public access to such
54 information could reduce participation and minimize the
55 effectiveness of compassionate and palliative care plans to meet
56 the needs of individuals. Finally, access to such information
57 could be used to solicit, harass, stalk, or intimidate
58 clearinghouse participants or terminally ill patients or their
59 families. Therefore, the Legislature finds that information held
60 in the Clearinghouse for Compassionate and Palliative Care Plans
61 which would identify a patient participating in the
62 clearinghouse or which contains or reflects the patient’s
63 medical information should be confidential and exempt from
64 public records requirements.
65 Section 3. This act shall take effect on the same date that
66 SB 1052 or similar legislation takes effect if such legislation
67 is adopted in the same legislative session or an extension
68 thereof and becomes a law.