House Bill 2101e1

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                                          HB 2101, First Engrossed



  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing an exemption from

  4         public records requirements for certain

  5         information on nurses working in correctional

  6         or forensic facilities; amending s. 455.5656,

  7         F.S.; providing an exemption from public

  8         records requirements for information obtained

  9         for practitioner profiles of advanced

10         registered nurse practitioners; amending s.

11         119.07, F.S.; providing an exemption from

12         public records requirements for certain

13         information on health care practitioners

14         working in correctional or mental health

15         facilities; amending s. 455.5656, F.S.;

16         providing exemption from public records

17         requirements for information obtained for

18         practitioner profiles of health care

19         practitioners not previously profiled; amending

20         s. 943.0585, F.S.; providing exemption from

21         public records requirements for expunged

22         criminal history information on health care

23         practitioners obtained for certain employment,

24         licensure, or contracting purposes; providing a

25         penalty; providing an exemption from public

26         records requirements for certain information on

27         certain court records to enforce certain orders

28         by the Department of Health; providing for

29         future review and repeal; amending s. 943.059,

30         F.S.; providing sealed criminal history records

31         to the department under certain circumstances;


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                                          HB 2101, First Engrossed



  1         providing findings of public necessity;

  2         providing a contingent effective date.

  3

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

  5

  6         Section 1.  Paragraph (dd) is added to subsection (3)

  7  of section 119.07, Florida Statutes, to read:

  8         119.07  Inspection, examination, and duplication of

  9  records; exemptions.--

10         (3)

11         (dd)  The home addresses and home telephone numbers of

12  nurses working in any type of correctional facility, including

13  any prison or jail, or in any forensic facility, as defined in

14  s. 916.106(8), which are held by the Department of Children

15  and Family Services, the Department of Health, and the Board

16  of Nursing, are exempt from the provisions of subsection (1)

17  and s. 24(a), Art. I of the State Constitution. This paragraph

18  is subject to the Open Government Sunset Review Act of 1995 in

19  accordance with s. 119.15 and shall stand repealed on October

20  2, 2005, unless reviewed and saved from repeal through

21  reenactment by the Legislature.

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

23  necessity that the home addresses and home telephone numbers

24  of nurses who work in any type of correctional facility,

25  including any prison or jail, or in any forensic facility, as

26  defined in s. 916.106(8), which are held by the Department of

27  Children and Family Services, the Department of Health, and

28  the Board of Nursing, be held confidential and exempt from

29  public records requirements because revealing such information

30  may pose an unnecessary risk to the safety and well-being of

31  such nurses in their own homes from inmates or clients of such


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                                          HB 2101, First Engrossed



  1  facilities who seek such information to stalk, intimidate,

  2  harass, or otherwise threaten or harm such nurses. The

  3  disclosure of such information may also deter nurses from

  4  seeking to work in such facilities, which would be contrary to

  5  the state's interest in ensuring the availability of nursing

  6  services in such facilities.

  7         Section 3.  Section 455.5656, Florida Statutes, is

  8  amended to read:

  9         455.5656  Practitioner's profiles; confidentiality.--

10         (1)  Any patient name or other information that

11  identifies a patient which is in a record obtained by the

12  Department of Health or its agent for the purpose of compiling

13  a practitioner profile is confidential and exempt from the

14  provisions of chapter 119 and s. 24(a), Art. I of the State

15  Constitution.  Other data received by the department or its

16  agent as a result of its duty to compile and promulgate

17  practitioner profiles are confidential and exempt from the

18  provisions of chapter 119 and s. 24(a), Art. I of the State

19  Constitution until the profile into which the data are

20  incorporated or with respect to which the data are submitted

21  is made public. Any information or record that the Department

22  of Health obtains from the Agency for Health Care

23  Administration or any other governmental entity for the

24  purpose of compiling a practitioner profile or substantiating

25  other information or records submitted for that purpose and

26  that was exempt from the provisions of chapter 119 and s.

27  24(a), Art. I of the State Constitution does not lose that

28  character by coming into the possession of the Department of

29  Health, and such information or record continues to be exempt

30  from the provisions of chapter 119 and s. 24(a), Art. I of the

31  State Constitution.


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                                          HB 2101, First Engrossed



  1         (2)(a)  The provisions of subsection (1) with respect

  2  to practitioners who are subject to profiling under s. 455.565

  3  are This section is subject to the Open Government Sunset

  4  Review Act of 1995 in accordance with s. 119.15 and shall

  5  stand repealed on October 2, 2002, unless reviewed and saved

  6  from repeal through reenactment by the Legislature.

  7         (b)  The provisions of subsection (1) with respect to

  8  practitioners who are subject to profiling under s. 455.56503

  9  or s. 455.56505 are subject to the Open Government Sunset

10  Review Act of 1995 in accordance with s. 119.15 and shall

11  stand repealed on October 2, 2005, unless reviewed and saved

12  from repeal through reenactment by the Legislature.

13         Section 4.  Paragraph (dd) is added to subsection (3)

14  of section 119.07, Florida Statutes, to read:

15         119.07  Inspection, examination, and duplication of

16  records; exemptions.--

17         (3)

18         (dd)  The home addresses and home telephone numbers of

19  health care practitioners, as defined in s. 455.501(4),

20  working in any type of correctional facility, including any

21  prison or jail, or in any mental health facility are exempt

22  from the provisions of subsection (1) and s. 24(a), Art. I of

23  the State Constitution.

24         Section 5.  The Legislature finds that it is a public

25  necessity that the home addresses and home telephone numbers

26  of health care practitioners who work in any type of

27  correctional facility, including any prison or jail, or in any

28  mental health facility be held confidential and exempt from

29  public records requirements because revealing such information

30  may pose an unnecessary risk to the safety and well-being of

31  such health care practitioners in their own homes from inmates


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                                          HB 2101, First Engrossed



  1  or clients of such facilities who seek such information to

  2  stalk, intimidate, harass, or otherwise threaten or harm such

  3  health care practitioners. The disclosure of such information

  4  may also deter health care practitioners from seeking to work

  5  in such facilities, which would be contrary to the state's

  6  interest in ensuring the availability of health care services

  7  in such facilities.

  8         Section 6.  Section 455.5656, Florida Statutes, is

  9  amended to read:

10         455.5656  Practitioner's profiles; confidentiality.--

11         (1)  Any patient name or other information that

12  identifies a patient which is in a record obtained by the

13  Department of Health or its agent for the purpose of compiling

14  a practitioner profile is confidential and exempt from the

15  provisions of chapter 119 and s. 24(a), Art. I of the State

16  Constitution.  Other data received by the department or its

17  agent as a result of its duty to compile and promulgate

18  practitioner profiles are confidential and exempt from the

19  provisions of chapter 119 and s. 24(a), Art. I of the State

20  Constitution until the profile into which the data are

21  incorporated or with respect to which the data are submitted

22  is made public. Any information or record that the Department

23  of Health obtains from the Agency for Health Care

24  Administration or any other governmental entity for the

25  purpose of compiling a practitioner profile or substantiating

26  other information or records submitted for that purpose and

27  that was exempt from the provisions of chapter 119 and s.

28  24(a), Art. I of the State Constitution does not lose that

29  character by coming into the possession of the Department of

30  Health, and such information or record continues to be exempt

31


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                                          HB 2101, First Engrossed



  1  from the provisions of chapter 119 and s. 24(a), Art. I of the

  2  State Constitution.

  3         (2)(a)  The provisions of subsection (1) with respect

  4  to practitioners who are subject to profiling under s. 455.565

  5  are This section is subject to the Open Government Sunset

  6  Review Act of 1995 in accordance with s. 119.15 and shall

  7  stand repealed on October 2, 2002, unless reviewed and saved

  8  from repeal through reenactment by the Legislature.

  9         (b)  The provisions of subsection (1) with respect to

10  practitioners who are subject to profiling under s. 455.56503

11  or s. 455.56505 are subject to the Open Government Sunset

12  Review Act of 1995 in accordance with s. 119.15 and shall

13  stand repealed on October 2, 2005, unless reviewed and saved

14  from repeal through reenactment by the Legislature.

15         Section 7.  The Legislature finds that public release

16  of a patient record or other document which includes a

17  statement of the patient's medical disease, condition, or

18  treatment plan that identifies the patient by name or by other

19  identifier could result in serious and irreparable damage to

20  the patient. Such records obtained by the Department of Health

21  or its agent for purposes of compiling a practitioner profile,

22  if open to the public, may adversely affect the integrity and

23  trust of the practitioner-patient relationship and may deter

24  affected parties from seeking needed health care services;

25  therefore, it is a matter of public necessity to protect the

26  confidentiality of such patient health information. The

27  Legislature further finds that, because of the nature of the

28  data submitted to the Department of Health or its agent for

29  purposes of constructing practitioner profiles, the necessity

30  of ensuring the accuracy of those data, the need to refrain

31  from unnecessarily affecting the livelihood of persons who are


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                                          HB 2101, First Engrossed



  1  the subject of practitioner profiles, and the need to maintain

  2  the integrity and trust of the practitioner-patient

  3  relationship without unwarranted aspersions on the

  4  professional competence and ability of these persons, it is a

  5  matter of public necessity to protect the confidentiality of

  6  the data during the period of their verification. The

  7  Legislature further finds that the need to learn or verify

  8  information about health care practitioners, though furthering

  9  a state interest, does not override the public policy

10  determinations made to exempt certain information from public

11  disclosure and that records so exempted should retain that

12  status when obtained and used by another governmental entity.

13         Section 8.  Paragraphs (a) and (c) of subsection (4) of

14  section 943.0585, Florida Statutes, are amended to read:

15         943.0585  Court-ordered expunction of criminal history

16  records.--The courts of this state have jurisdiction over

17  their own procedures, including the maintenance, expunction,

18  and correction of judicial records containing criminal history

19  information to the extent such procedures are not inconsistent

20  with the conditions, responsibilities, and duties established

21  by this section.  Any court of competent jurisdiction may

22  order a criminal justice agency to expunge the criminal

23  history record of a minor or an adult who complies with the

24  requirements of this section.  The court shall not order a

25  criminal justice agency to expunge a criminal history record

26  until the person seeking to expunge a criminal history record

27  has applied for and received a certificate of eligibility for

28  expunction pursuant to subsection (2).  A criminal history

29  record that relates to a violation of chapter 794, s. 800.04,

30  s. 817.034, s. 827.071, chapter 839, s. 893.135, or a

31  violation enumerated in s. 907.041 may not be expunged,


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                                          HB 2101, First Engrossed



  1  without regard to whether adjudication was withheld, if the

  2  defendant was found guilty of or pled guilty or nolo

  3  contendere to the offense, or if the defendant, as a minor,

  4  was found to have committed, or pled guilty or nolo contendere

  5  to committing, the offense as a delinquent act. The court may

  6  only order expunction of a criminal history record pertaining

  7  to one arrest or one incident of alleged criminal activity,

  8  except as provided in this section. The court may, at its sole

  9  discretion, order the expunction of a criminal history record

10  pertaining to more than one arrest if the additional arrests

11  directly relate to the original arrest. If the court intends

12  to order the expunction of records pertaining to such

13  additional arrests, such intent must be specified in the

14  order. A criminal justice agency may not expunge any record

15  pertaining to such additional arrests if the order to expunge

16  does not articulate the intention of the court to expunge a

17  record pertaining to more than one arrest. This section does

18  not prevent the court from ordering the expunction of only a

19  portion of a criminal history record pertaining to one arrest

20  or one incident of alleged criminal activity.  Notwithstanding

21  any law to the contrary, a criminal justice agency may comply

22  with laws, court orders, and official requests of other

23  jurisdictions relating to expunction, correction, or

24  confidential handling of criminal history records or

25  information derived therefrom.  This section does not confer

26  any right to the expunction of any criminal history record,

27  and any request for expunction of a criminal history record

28  may be denied at the sole discretion of the court.

29         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

30  criminal history record of a minor or an adult which is

31  ordered expunged by a court of competent jurisdiction pursuant


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                                          HB 2101, First Engrossed



  1  to this section must be physically destroyed or obliterated by

  2  any criminal justice agency having custody of such record;

  3  except that any criminal history record in the custody of the

  4  department must be retained in all cases. A criminal history

  5  record ordered expunged that is retained by the department is

  6  confidential and exempt from the provisions of s. 119.07(1)

  7  and s. 24(a), Art. I of the State Constitution and not

  8  available to any person or entity except upon order of a court

  9  of competent jurisdiction. A criminal justice agency may

10  retain a notation indicating compliance with an order to

11  expunge.

12         (a)  The person who is the subject of a criminal

13  history record that is expunged under this section or under

14  other provisions of law, including former s. 893.14, former s.

15  901.33, and former s. 943.058, may lawfully deny or fail to

16  acknowledge the arrests covered by the expunged record, except

17  when the subject of the record:

18         1.  Is a candidate for employment with a criminal

19  justice agency;

20         2.  Is a defendant in a criminal prosecution;

21         3.  Concurrently or subsequently petitions for relief

22  under this section or s.943.059;

23         4.  Is a candidate for admission to The Florida Bar;

24         5.  Is seeking to be employed or licensed by or to

25  contract with the Department of Children and Family Services

26  or the Department of Juvenile Justice or to be employed or

27  used by such contractor or licensee in a sensitive position

28  having direct contact with children, the developmentally

29  disabled, the aged, or the elderly as provided in s.

30  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

31


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                                          HB 2101, First Engrossed



  1  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

  2  415.1075(4), s. 985.407, or chapter 400; or

  3         6.  Is seeking to be employed or licensed by the Office

  4  of Teacher Education, Certification, Staff Development, and

  5  Professional Practices of the Department of Education, any

  6  district school board, or any local governmental entity that

  7  licenses child care facilities; or.

  8         7.  Is seeking to be employed or licensed by or to

  9  contract with the Department of Health or to be employed or

10  used by such contractor or licensee in a sensitive position

11  having direct contact with children, the developmentally

12  disabled, the aged, or the elderly as provided in s.

13  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

14  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

15  415.1075(4), s. 985.407, or chapter 400.

16         (b)  Subject to the exceptions in paragraph (a), a

17  person who has been granted an expunction under this section,

18  former s. 893.14, former s. 901.33, or former s. 943.058 may

19  not be held under any provision of law of this state to commit

20  perjury or to be otherwise liable for giving a false statement

21  by reason of such person's failure to recite or acknowledge an

22  expunged criminal history record.

23         (c)1.  Information relating to the existence of an

24  expunged criminal history record which is provided in

25  accordance with subparagraphs (a)1.-6. paragraph (a) is

26  confidential and exempt from the provisions of s. 119.07(1)

27  and s. 24(a), Art. I of the State Constitution, except that

28  the department shall disclose the existence of a criminal

29  history record ordered expunged to the entities set forth in

30  subparagraphs (a)1., 4., 5., and 6. for their respective

31  licensing and employment purposes, and to criminal justice


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                                          HB 2101, First Engrossed



  1  agencies for their respective criminal justice purposes.  It

  2  is unlawful for any employee of an entity set forth in

  3  subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or

  4  subparagraph (a)6. to disclose information relating to the

  5  existence of an expunged criminal history record of a person

  6  seeking employment or licensure with such entity or

  7  contractor, except to the person to whom the criminal history

  8  record relates or to persons having direct responsibility for

  9  employment or licensure decisions. Any person who violates

10  this subparagraph paragraph commits a misdemeanor of the first

11  degree, punishable as provided in s. 775.082 or s. 775.083.

12         2.  Information relating to the existence of an

13  expunged criminal history record which is provided in

14  accordance with subparagraph (a)7. is confidential and exempt

15  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

16  the State Constitution, except that the department shall

17  disclose the existence of a criminal history record ordered

18  expunged to the Department of Health as set forth in

19  subparagraph (a)7. for its licensing and employment purposes,

20  and to criminal justice agencies for their respective criminal

21  justice purposes. It is unlawful for any employee of the

22  Department of Health as set forth in subparagraph (a)7. to

23  disclose information relating to the existence of an expunged

24  criminal history record of a person seeking employment or

25  licensure with such entity or contractor, except to the person

26  to whom the criminal history record relates, to persons having

27  direct responsibility for employment or licensure decisions,

28  or to any other state agency that is authorized in this state

29  to receive expunged criminal history records from the

30  department. Any person who violates this subparagraph commits

31  a misdemeanor of the first degree, punishable as provided in


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                                          HB 2101, First Engrossed



  1  s. 775.082 or s. 775.083. This subparagraph is subject to the

  2  Open Government Sunset Review Act of 1995 in accordance with

  3  s. 119.15 and shall stand repealed on October 2, 2005, unless

  4  reviewed and saved from repeal through reenactment by the

  5  Legislature.

  6         Section 9.  In any court proceeding to enforce an order

  7  by the Department of Health to compel a licensed health care

  8  practitioner to submit to a mental or physical examination by

  9  physicians designated by the department under section 455.624,

10  Florida Statutes, the licensee against whom the petition for

11  enforcement is filed may not be named or identified by

12  initials in any public court records or documents and is

13  confidential and exempt from the provisions of chapter 119,

14  Florida Statutes, and Section (24)(a), Article I of the State

15  Constitution, and the proceedings shall be closed to the

16  public. This section is subject to the Open Government Sunset

17  Review Act of 1995 in accordance with section 119.15, Florida

18  Statutes, and shall stand repealed on October 2, 2005, unless

19  reviewed and saved from repeal through reenactment by the

20  Legislature.

21         Section 10.  Paragraph (a) of subsection (4) of section

22  943.059, Florida Statutes, is amended to read:

23         943.059  Court-ordered sealing of criminal history

24  records.--The courts of this state shall continue to have

25  jurisdiction over their own procedures, including the

26  maintenance, sealing, and correction of judicial records

27  containing criminal history information to the extent such

28  procedures are not inconsistent with the conditions,

29  responsibilities, and duties established by this section.  Any

30  court of competent jurisdiction may order a criminal justice

31  agency to seal the criminal history record of a minor or an


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                                          HB 2101, First Engrossed



  1  adult who complies with the requirements of this section.  The

  2  court shall not order a criminal justice agency to seal a

  3  criminal history record until the person seeking to seal a

  4  criminal history record has applied for and received a

  5  certificate of eligibility for sealing pursuant to subsection

  6  (2).  A criminal history record that relates to a violation of

  7  chapter 794, s. 800.04, s. 817.034, s. 827.071, chapter 839,

  8  s. 893.135, or a violation enumerated in s. 907.041 may not be

  9  sealed, without regard to whether adjudication was withheld,

10  if the defendant was found guilty of or pled guilty or nolo

11  contendere to the offense, or if the defendant, as a minor,

12  was found to have committed or pled guilty or nolo contendere

13  to committing the offense as a delinquent act.  The court may

14  only order sealing of a criminal history record pertaining to

15  one arrest or one incident of alleged criminal activity,

16  except as provided in this section. The court may, at its sole

17  discretion, order the sealing of a criminal history record

18  pertaining to more than one arrest if the additional arrests

19  directly relate to the original arrest.  If the court intends

20  to order the sealing of records pertaining to such additional

21  arrests, such intent must be specified in the order.  A

22  criminal justice agency may not seal any record pertaining to

23  such additional arrests if the order to seal does not

24  articulate the intention of the court to seal records

25  pertaining to more than one arrest.  This section does not

26  prevent the court from ordering the sealing of only a portion

27  of a criminal history record pertaining to one arrest or one

28  incident of alleged criminal activity. Notwithstanding any law

29  to the contrary, a criminal justice agency may comply with

30  laws, court orders, and official requests of other

31  jurisdictions relating to sealing, correction, or confidential


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                                          HB 2101, First Engrossed



  1  handling of criminal history records or information derived

  2  therefrom.  This section does not confer any right to the

  3  sealing of any criminal history record, and any request for

  4  sealing a criminal history record may be denied at the sole

  5  discretion of the court.

  6         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

  7  criminal history record of a minor or an adult which is

  8  ordered sealed by a court of competent jurisdiction pursuant

  9  to this section is confidential and exempt from the provisions

10  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

11  and is available only to the person who is the subject of the

12  record, to the subject's attorney, to criminal justice

13  agencies for their respective criminal justice purposes, or to

14  those entities set forth in subparagraphs (a)1., 4., 5., and

15  6. for their respective licensing and employment purposes.

16         (a)  The subject of a criminal history record sealed

17  under this section or under other provisions of law, including

18  former s. 893.14, former s. 901.33, and former s. 943.058, may

19  lawfully deny or fail to acknowledge the arrests covered by

20  the sealed record, except when the subject of the record:

21         1.  Is a candidate for employment with a criminal

22  justice agency;

23         2.  Is a defendant in a criminal prosecution;

24         3.  Concurrently or subsequently petitions for relief

25  under this section or s. 943.0585;

26         4.  Is a candidate for admission to The Florida Bar;

27         5.  Is seeking to be employed or licensed by or to

28  contract with the Department of Children and Family Services

29  or the Department of Juvenile Justice or to be employed or

30  used by such contractor or licensee in a sensitive position

31  having direct contact with children, the developmentally


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                                          HB 2101, First Engrossed



  1  disabled, the aged, or the elderly as provided in s.

  2  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

  3  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

  4  415.103, s. 985.407, or chapter 400; or

  5         6.  Is seeking to be employed or licensed by or to

  6  contract with the Department of Health or to be employed or

  7  used by such contractor or licensee in a sensitive position

  8  having direct contact with children, the developmentally

  9  disabled, the aged, or the elderly as provided in s.

10  110.1127(3), s.393.063(15), s. 394.4572(1), s. 397.451, s.

11  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

12  415.1075(4), s. 985.407, or chapter 400; or

13         7.6.  Is seeking to be employed or licensed by the

14  Office of Teacher Education, Certification, Staff Development,

15  and Professional Practices of the Department of Education, any

16  district school board, or any local governmental entity which

17  licenses child care facilities.

18         Section 11.  The Legislature finds that public release

19  of sealed or expunged criminal history information on health

20  care practitioners seeking employment, licensure, or a

21  contract with the Department of Health to work with children,

22  the developmentally disabled, the aged, or the elderly may

23  adversely affect the integrity and trust of such a

24  practitioner-patient relationship, may deter affected parties

25  from seeking needed health care services as a result, and may

26  cast unwarranted aspersions on the professional competence and

27  ability of such practitioners and thereby affect their

28  livelihood; therefore, it is a matter of public necessity to

29  protect the confidentiality of such information. The

30  Legislature further finds that such information is already

31  confidential under identical circumstances for persons seeking


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                                          HB 2101, First Engrossed



  1  employment, licensure, or a contract with the Department of

  2  Children and Family Services and the Department of Juvenile

  3  Justice. The Legislature further finds that the need to learn

  4  or verify information about health care practitioners, though

  5  furthering a state interest, does not override the public

  6  policy determinations made to exempt certain information from

  7  public disclosure and that records so exempted should retain

  8  that status when obtained and used by another governmental

  9  entity.

10         Section 12.  The Legislature finds that public release

11  of medical information pertaining to the mental or physical

12  condition of a patient could result in serious and irreparable

13  damage to the patient.  The Legislature further finds that

14  there is a public necessity in maintaining the confidentiality

15  of such medical records and that a patient should not lose

16  such protection simply because that patient has applied for or

17  been issued a license to practice a health care profession in

18  this state.  The Legislature finds that absent a finding of

19  probable cause that the applicant or practitioner has violated

20  the law and poses a danger to the patients to whom the

21  practitioner may provide health care services, such

22  practitioner should be afforded the same privileges and rights

23  of confidentiality as non-health care practitioners.  The

24  Legislature finds that it is a matter of public necessity to

25  protect health care practitioners, as well as other patients,

26  from the release of information regarding the practitioner's

27  mental or physical health to refrain from unnecessarily

28  affecting the livelihood of practitioners and to maintain the

29  trust of the practitioner-patient relationship without

30  unwarranted aspersions on the professional competence and

31  ability of these persons.  Moreover, the Legislature finds


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






                                          HB 2101, First Engrossed



  1  that the public's need to know information about practitioners

  2  does not override the public policy determination to protect

  3  all patients regardless of their occupation or licensure

  4  status from intrusion.  Furthermore, this public records

  5  exemption conforms to existing public records exemptions for

  6  other practitioners such as physicians pursuant to ss.

  7  458.331(1)(s) and 459.015(1)(w), dentists pursuant to s.

  8  466.028(1)(s), and others.

  9         Section 13.  This act shall take effect on the

10  effective date of House Bill 1659 or similar legislation

11  creating s. 455.56503 or s. 455.56505, Florida Statutes, to

12  provide for practitioner profiling of additional health care

13  practitioners, and s. 943.0585(4)(a)7., Florida Statutes, to

14  provide the Department of Health access to expunged criminal

15  history information on health care practitioners seeking to

16  work with children, the developmentally disabled, or the aged

17  or elderly, if such legislation is adopted in the same

18  legislative session or an extension thereof.

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