Florida Senate - 2024                                     SB 392
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-00636-24                                            2024392__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         401.452, F.S.; creating an exemption from public
    4         records requirements for personal identifying
    5         information held in the database for patient-directed
    6         doctor’s order forms; authorizing the disclosure of
    7         such information to certain entities and individuals
    8         under specified conditions; 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 401.452, Florida Statutes, is created to
   17  read:
   18         401.452 Database for patient-directed doctor’s order forms;
   19  public records exemption.—
   20         (1) Personal identifying information held in the database
   21  for patient-directed doctor’s order (PDDO) forms created by the
   22  Agency for Health Care Administration and stored solely at the
   23  option of the patient in electronic form by the Department of
   24  Health under s. 401.451 is confidential and exempt from s.
   25  119.07(1) and s. 24(a), Art. I of the State Constitution.
   26         (2) The department may disclose such confidential and
   27  exempt information to the following individuals or entities upon
   28  request after using a verification process to ensure the
   29  legitimacy of the request and the requestor’s identity:
   30         (a) A physician who certifies that the information is
   31  necessary to provide medical treatment to a terminally ill
   32  patient who has a PDDO form stored in the database.
   33         (b) A terminally ill patient who has a PDDO form stored in
   34  the database or such patient’s legal guardian, designated health
   35  care surrogate, or family member.
   36         (c) A health care facility that certifies that the
   37  information is necessary to provide medical treatment to a
   38  terminally ill patient who has a PDDO form stored in the
   39  database.
   40         (3) This section is subject to the Open Government Sunset
   41  Review Act in accordance with s. 119.15 and shall stand repealed
   42  on October 2, 2029, unless reviewed and saved from repeal
   43  through reenactment by the Legislature.
   44         Section 2. The Legislature finds that it is a public
   45  necessity to make confidential and exempt from disclosure
   46  personal identifying information held in the database for
   47  patient-directed doctor’s order forms which would identify a
   48  terminally ill patient, his or her illness, or his or her legal
   49  guardian, designated health care surrogate, or family member.
   50  Such information, if publicly available, could be used to invade
   51  the personal privacy of a terminally ill patient or his or her
   52  legal guardian, designated health care surrogate, or family
   53  member. The decisions made under a compassionate and palliative
   54  care plan for a terminal illness are a private matter.
   55  Furthermore, the public disclosure of such information could
   56  hinder the effective and efficient administration of the
   57  database. Public access to such information could reduce
   58  participation in and minimize the effectiveness of compassionate
   59  and palliative care plans to meet the needs of individuals.
   60  Finally, access to such information could be used to solicit,
   61  harass, stalk, or intimidate terminally ill patients or their
   62  legal guardians, designated health care surrogates, or family
   63  members. Therefore, the Legislature finds that personal
   64  identifying information held in the database which would
   65  identify a terminally ill patient, or his or her legal guardian,
   66  designated health care surrogate, or family member, who has a
   67  plan in the database or which contains or reflects the
   68  terminally ill patient’s medical information should be
   69  confidential and exempt from public records requirements.
   70         Section 3. This act shall take effect on the same date that
   71  SB ___ or similar legislation takes effect, if such legislation
   72  is adopted in the same legislative session or an extension
   73  thereof and becomes a law.