Senate Bill 0992

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



    Florida Senate - 2000                                   SB 992

    By Senator Clary





    7-435-00                                                See HB

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         455.647, F.S.; providing an exemption from

  4         public records requirements for certain

  5         information obtained by the Department of

  6         Health from applicants for licensure relating

  7         to disciplinary action taken against the

  8         applicant; creating ss. 458.353 and 459.028,

  9         F.S.; providing exemptions from public records

10         requirements for information contained in

11         reports made by physicians and osteopathic

12         physicians of adverse incidents occurring in

13         office practice settings; amending s. 766.106,

14         F.S.; providing an exemption from public

15         records requirements for a notice of intent to

16         initiate litigation for medical malpractice

17         against a health care provider received by the

18         Department of Health and for related

19         investigatory information; providing for future

20         review and repeal; providing findings of public

21         necessity; providing an effective date.

22

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

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25         Section 1.  Subsection (1) of section 455.647, Florida

26  Statutes, is amended to read:

27         455.647  Public inspection of information required from

28  applicants; exceptions; examination hearing.--

29         (1)(a)  All information required by the department of

30  any applicant shall be a public record and shall be open to

31  public inspection pursuant to s. 119.07, except as provided in

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






    Florida Senate - 2000                                   SB 992
    7-435-00                                                See HB




  1  paragraph (b), and except financial information, medical

  2  information, school transcripts, examination questions,

  3  answers, papers, grades, and grading keys, which are

  4  confidential and exempt from s. 119.07(1) and shall not be

  5  discussed with or made accessible to anyone except members of

  6  the board, the department, and staff thereof, who have a bona

  7  fide need to know such information. Any information supplied

  8  to the department by any other agency which is exempt from the

  9  provisions of chapter 119 or is confidential shall remain

10  exempt or confidential pursuant to applicable law while in the

11  custody of the department or the agency.

12         (b)  Information obtained pursuant to s.

13  455.565(1)(a)8. regarding final disciplinary action taken by a

14  licensed hospital or ambulatory surgical center is

15  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

16  of the State Constitution, and shall not be discussed with or

17  made accessible to anyone except members of the board, the

18  department, and staff thereof, who have a bona fide need to

19  know such information. This paragraph is subject to the Open

20  Government Sunset Review Act of 1995 in accordance with s.

21  119.15, and shall stand repealed on October 2, 2005, unless

22  reviewed and saved from repeal through reenactment by the

23  Legislature.

24         Section 2.  Section 458.353, Florida Statutes, is

25  created to read:

26         458.353  Notification of adverse incident; public

27  records exemption.--The information contained in the

28  notification of an adverse incident, which is required under

29  s. 458.351 and provided to the department by a physician

30  licensed under this chapter, is confidential and exempt from

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

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






    Florida Senate - 2000                                   SB 992
    7-435-00                                                See HB




  1  In addition, the information is not discoverable or admissible

  2  in a civil or administrative action, unless the action is a

  3  disciplinary proceeding by the department or the appropriate

  4  regulatory board. The information may not be made available to

  5  the public as part of the record of investigation or

  6  prosecution in a disciplinary proceeding that is made

  7  available for the department or a regulatory board. This

  8  section is subject to the Open Government Sunset Review Act of

  9  1995 in accordance with s. 119.15 and shall stand repealed on

10  October 2, 2005, unless reviewed and saved from repeal through

11  reenactment by the Legislature.

12         Section 3.  Section 459.028, Florida Statutes, is

13  created to read:

14         459.028  Notification of adverse incident; public

15  records exemption.--The information contained in the

16  notification of an adverse incident, which is required under

17  s. 459.026 and provided to the department by an osteopathic

18  physician licensed under this chapter, is confidential and

19  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

20  Constitution. In addition, the information is not discoverable

21  or admissible in a civil or administrative action, unless the

22  action is a disciplinary proceeding by the department or the

23  appropriate regulatory board. The information may not be made

24  available to the public as part of the record of investigation

25  or prosecution in a disciplinary proceeding that is made

26  available for the department or a regulatory board. This

27  section is subject to the Open Government Sunset Review Act of

28  1995 in accordance with s. 119.15 and shall stand repealed on

29  October 2, 2005, unless reviewed and saved from repeal through

30  reenactment by the Legislature.

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






    Florida Senate - 2000                                   SB 992
    7-435-00                                                See HB




  1         Section 4.  Subsection (2) of section 766.106, Florida

  2  Statutes, is amended to read:

  3         766.106  Notice before filing action for medical

  4  malpractice; presuit screening period; offers for admission of

  5  liability and for arbitration; informal discovery; review.--

  6         (2)(a)  After completion of presuit investigation

  7  pursuant to s. 766.203 and prior to filing a claim for medical

  8  malpractice, a claimant shall notify each prospective

  9  defendant and, if any prospective defendant is a health care

10  provider licensed under chapter 458, chapter 459, chapter 460,

11  chapter 461, or chapter 466, the Department of Health by

12  certified mail, return receipt requested, of intent to

13  initiate litigation for medical malpractice. Notice to the

14  Department of Health must include the full name and address of

15  the claimant; the full names and any known addresses of any

16  health care providers licensed under chapter 458, chapter 459,

17  chapter 460, chapter 461, or chapter 466 who are prospective

18  defendants identified at the time; the date and a summary of

19  the occurrence giving rise to the claim; and a description of

20  the injury to the claimant. The requirement for notice to the

21  Department of Health does not impair the claimant's legal

22  rights or ability to seek relief for his or her claim, and the

23  notice provided to the department is not discoverable or

24  admissible in any civil or administrative action. The

25  Department of Health shall review each incident and determine

26  whether it involved conduct by a licensee which is potentially

27  subject to disciplinary action, in which case the provisions

28  of s. 455.621 apply.

29         (b)  The presuit notice and all information obtained

30  pursuant to the investigation by the Department of Health are

31  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

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    Florida Senate - 2000                                   SB 992
    7-435-00                                                See HB




  1  of the State Constitution until 10 days after probable cause

  2  has been found to exist by the probable cause panel or by the

  3  department, or until the regulated professional or subject of

  4  the investigation waives his or her privilege of

  5  confidentiality, whichever occurs first. This paragraph is

  6  subject to the Open Government Sunset Review Act of 1995 in

  7  accordance with s. 119.15, and shall stand repealed on October

  8  2, 2005, unless reviewed and saved from repeal through

  9  reenactment by the Legislature.

10         Section 5.  The Legislature finds that the exemptions

11  from public records requirements provided in sections 455.647,

12  458.353, 459.028, and 766.106, Florida Statutes, are a public

13  necessity, and that it would be an invasion of a patient's

14  privacy for such personal, sensitive information contained in

15  the notification of an adverse incident, hospital and

16  ambulatory surgical center discipline, or presuit notice to be

17  publicly available. Furthermore, the Legislature finds that

18  failure to protect the confidentiality of any information

19  submitted to or collected by the Department of Health pursuant

20  to section 458.351, Florida Statutes, or section 459.026,

21  Florida Statutes, regarding an adverse incident, including,

22  but not limited to, the identity of the patient, the type of

23  adverse incident, and the fact that an investigation is being

24  conducted, and pursuant to section 455.647, Florida Statutes,

25  regarding hospital and ambulatory surgical center discipline,

26  and pursuant to section 766.106, Florida Statutes, regarding

27  presuit notices, would deter the collection and reporting of

28  this information to the department. This would prevent the

29  department and the appropriate regulatory boards from

30  effectively carrying out their responsibility to enforce safe

31  patient care and take necessary disciplinary action for

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






    Florida Senate - 2000                                   SB 992
    7-435-00                                                See HB




  1  practice violations. Release of such information would deter

  2  physicians and osteopathic physicians licensed in this state

  3  from reporting adverse incidents and hospital and ambulatory

  4  surgical center discipline. This could lead to the

  5  deterioration of services and care rendered, all to the

  6  detriment of the health of those served. These exemptions

  7  apply the same exemption accorded under sections 395.0198 and

  8  395.0193, Florida Statutes, relating to the reporting of

  9  adverse incidents and hospital and ambulatory surgical center

10  discipline by facilities licensed under chapter 395, Florida

11  Statutes, the exemption accorded peer review documents under

12  section 395.0193, Florida Statutes, and the exemption under

13  section 455.621, Florida Statutes, regarding information

14  obtained prior to probable cause being found. The Legislature

15  has thus consistently and repeatedly acknowledged the public

16  necessity of these types of exemptions.

17         Section 6.  This act shall take effect upon becoming a

18  law.

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    Florida Senate - 2000                                   SB 992
    7-435-00                                                See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Provides an exemption from public records requirements
  4    for certain information obtained by the Department of
      Health from applicants for licensure relating to
  5    disciplinary action taken against the applicant.

  6
      Provides exemptions from public records requirements for
  7    information contained in reports made by physicians and
      osteopathic physicians of adverse incidents occurring in
  8    office practice settings.

  9
      Provides an exemption from public records requirements
10    for a notice of intent to initiate litigation for medical
      malpractice against a health care provider received by
11    the Department of Health and for related investigatory
      information.
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13    Provides for future review and repeal.

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