Florida Senate - 2012                                     SB 830
       
       
       
       By the Committee on Health Regulation
       
       
       
       
       588-00844-12                                           2012830__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending ss. 458.3193 and 459.0083,
    4         F.S., relating to exemptions from public records
    5         requirements provided for personal identifying
    6         information contained in physician workforce surveys
    7         submitted to the Department of Health by physicians
    8         and osteopathic physicians; saving the exemptions from
    9         repeal under the Open Government Sunset Review Act;
   10         removing the scheduled repeal of each exemption;
   11         providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 458.3193, Florida Statutes, is amended
   16  to read:
   17         458.3193 Confidentiality of certain information contained
   18  in physician workforce surveys.—
   19         (1) All personal identifying information contained in
   20  records provided by physicians licensed under this chapter or
   21  chapter 459 in response to physician workforce surveys required
   22  as a condition of license renewal and held by the Department of
   23  Health is confidential and exempt from s. 119.07(1) and s.
   24  24(a), Art. I of the State Constitution, except as otherwise
   25  provided in this section subsection. Information made
   26  confidential and exempt by this section subsection shall be
   27  disclosed:
   28         (1)(a) With the express written consent of the individual
   29  to whom the information pertains or the individual’s legally
   30  authorized representative.
   31         (2)(b) By court order upon a showing of good cause.
   32         (3)(c) To a research entity, if the entity seeks the
   33  records or data pursuant to a research protocol approved by the
   34  Department of Health, maintains the records or data in
   35  accordance with the approved protocol, and enters into a
   36  purchase and data-use agreement with the department, the fee
   37  provisions of which are consistent with s. 119.07(4). The
   38  department may deny a request for records or data if the
   39  protocol provides for intrusive follow-back contacts, does not
   40  plan for the destruction of confidential records after the
   41  research is concluded, is administratively burdensome, or does
   42  not have scientific merit. The agreement must restrict the
   43  release of information that would identify individuals, must
   44  limit the use of records or data to the approved research
   45  protocol, and must prohibit any other use of the records or
   46  data. Copies of records or data issued pursuant to this
   47  subsection paragraph remain the property of the department.
   48         (2) This section is subject to the Open Government Sunset
   49  Review Act in accordance with s. 119.15 and shall stand repealed
   50  on October 2, 2012, unless reviewed and saved from repeal
   51  through reenactment by the Legislature.
   52         Section 2. Section 459.0083, Florida Statutes, is amended
   53  to read:
   54         459.0083 Confidentiality of certain information contained
   55  in physician workforce surveys.—
   56         (1) All personal identifying information contained in
   57  records provided by physicians licensed under chapter 458 or
   58  this chapter in response to physician workforce surveys required
   59  as a condition of license renewal and held by the Department of
   60  Health is confidential and exempt from s. 119.07(1) and s.
   61  24(a), Art. I of the State Constitution, except as otherwise
   62  provided in this section subsection. Information made
   63  confidential and exempt by this section subsection shall be
   64  disclosed:
   65         (1)(a) With the express written consent of the individual
   66  to whom the information pertains or the individual’s legally
   67  authorized representative.
   68         (2)(b) By court order upon a showing of good cause.
   69         (3)(c) To a research entity, if the entity seeks the
   70  records or data pursuant to a research protocol approved by the
   71  Department of Health, maintains the records or data in
   72  accordance with the approved protocol, and enters into a
   73  purchase and data-use agreement with the department, the fee
   74  provisions of which are consistent with s. 119.07(4). The
   75  department may deny a request for records or data if the
   76  protocol provides for intrusive follow-back contacts, does not
   77  plan for the destruction of confidential records after the
   78  research is concluded, is administratively burdensome, or does
   79  not have scientific merit. The agreement must restrict the
   80  release of information that would identify individuals, must
   81  limit the use of records or data to the approved research
   82  protocol, and must prohibit any other use of the records or
   83  data. Copies of records or data issued pursuant to this
   84  subsection paragraph remain the property of the department.
   85         (2) This section is subject to the Open Government Sunset
   86  Review Act in accordance with s. 119.15 and shall stand repealed
   87  on October 2, 2012, unless reviewed and saved from repeal
   88  through reenactment by the Legislature.
   89         Section 3. This act shall take effect July 1, 2012.