Senate Bill sb2294c1

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    Florida Senate - 2002                           CS for SB 2294

    By the Committee on Health, Aging and Long-Term Care; and
    Senator Brown-Waite




    317-2224-02

  1                      A bill to be entitled

  2         An act relating to patient safety; creating the

  3         Patient Safety Improvement Act; providing

  4         legislative intent; providing definitions;

  5         creating the Florida Center for Patient Safety

  6         at the University of South Florida and the

  7         Florida State University; requiring the center

  8         to coordinate research concerning patient

  9         safety; requiring that the center conduct

10         research, perform evaluations, and provide

11         technical assistance to health care providers,

12         patient and their families, and policymakers;

13         requiring the center to establish a State

14         Patient Safety Database to use in analyzing and

15         disseminating information; requiring that the

16         center establish a process for health care

17         providers to report data on patient safety;

18         providing that information received by the

19         center which is exempt from disclosure under

20         the public-records law remains confidential;

21         providing an effective date.

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

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25         Section 1.  The Patient Safety Improvement Act.--

26         (1)  SHORT TITLE.--This section may be cited as the

27  "Patient Safety Improvement Act."

28         (2)  LEGISLATIVE INTENT.--It is the intent of the

29  Legislature to establish a statewide, academically based

30  center that will serve as the designated resource for

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    Florida Senate - 2002                           CS for SB 2294
    317-2224-02




  1  research, education, and policy concerning patient safety and

  2  for providing information to the public and to institutions.

  3         (3)  DEFINITIONS.--As used in this section, the term:

  4         (a)  "Center" means the Florida Center for Patient

  5  Safety.

  6         (b)  "Health care provider" means any physician, nurse,

  7  pharmacist, occupational therapist, physical therapist,

  8  hospital, or other person, institution, or organization that

  9  furnishes health care services and is licensed or otherwise

10  authorized to practice in this state.

11         (c)  "Nonidentifiable patient-safety data" means data

12  that are presented in a form and manner that prevents the

13  identification of the health care provider or patient.

14         (d)  "Patient safety data" means:

15         1.  Any data, reports, records, memoranda, analyses, or

16  other quality improvement processes of patient-safety events

17  which are:

18         a.  Collected or developed by a health care provider;

19         b.  Reported to a patient-safety organization or the

20  State Patient Safety Database;

21         c.  Contained in, or collected by, a patient-safety

22  organization or the State Patient Safety Database;

23         d.  Requested by a patient-safety organization for the

24  purpose of monitoring, researching, or improving patient

25  safety; or

26         e.  Reported to a health care provider by a

27  patient-safety organization to assist with quality improvement

28  and patient-safety effectiveness.

29         2.  Information concerning corrective action taken in

30  response to patient-safety events.

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    Florida Senate - 2002                           CS for SB 2294
    317-2224-02




  1         (e)  "Patient-safety event" means an event over which

  2  health care personnel could exercise control, which is

  3  associated in whole or in part with medical intervention

  4  rather than the condition for which such intervention

  5  occurred, and which could result in the injury or death of a

  6  patient or any other adverse incident defined in section

  7  395.0197, Florida Statutes.

  8         (f)  "Patient-safety organization" means a public or

  9  private organization that:

10         1.  Collects and analyzes data or information

11  concerning patient safety;

12         2.  Reports nonidentifiable patient safety data to the

13  State Patient Safety Database; and

14         3.  Provides direct feedback concerning patient-safety

15  data to health care providers.

16         (4)  FLORIDA CENTER FOR PATIENT SAFETY.--

17         (a)  There is created the Florida Center for Patient

18  Safety at the Health Science Center of the University of South

19  Florida in Tampa and the College of Medicine at the Florida

20  State University in Tallahassee to carry out the duties

21  described in this section. The center shall be

22  administratively housed and located at the Health Science

23  Center of the University of South Florida in Tampa.

24         (b)  The center shall:

25         1.  Coordinate public and private resources to conduct

26  and support research, demonstrations, and evaluations of

27  patient safety.

28         2.  Conduct and support research on effective ways to

29  improve and enhance patient safety and participate in

30  disseminating the information that is derived from such

31  research to health care providers in training and in practice,

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    Florida Senate - 2002                           CS for SB 2294
    317-2224-02




  1  health care institutions, patients and their families, and

  2  policymakers.

  3         3.  Evaluate methods for identifying and promoting

  4  patient-safety programs.

  5         4.  Support dissemination and communication activities

  6  to improve and enhance patient safety.

  7         5.  Design, conduct, and coordinate studies and surveys

  8  to assess aspects of patient safety, including, but not

  9  limited to, various measures of clinical, social, and economic

10  outcomes or processes.

11         6.  Develop and test measures and methods for

12  evaluating and enhancing patient safety and promoting the use

13  of such measures in practice.

14         7.  Provide technical assistance, gather information

15  concerning the use of consumer and patient information, and

16  report on patient safety and the resulting effects of

17  intervention policies.

18         (c)  In carrying out its duties, the center may:

19         1.  Consult with and develop partnerships, as

20  appropriate, with all segments of the health care industry,

21  including health care providers and health care consumers.

22         2.  Establish a State Patient Safety Database to

23  collect, support, and coordinate the analysis of

24  nonidentifiable patient-safety data submitted voluntarily by

25  health care providers and patient-safety organizations.

26         3.  Disseminate information developed through analysis

27  of the database concerning the existence and causes of

28  practices that affect patient safety, findings and conclusions

29  regarding patient-safety events, outcome measures, and

30  evidence-based recommendations to improve patient safety.

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    Florida Senate - 2002                           CS for SB 2294
    317-2224-02




  1         (d)  The center shall establish a voluntary process,

  2  using a standardized format, to enable health care providers

  3  or patient-safety organizations to report nonidentifiable

  4  patient-safety data.

  5         (e)  In carrying out its duties under this subsection,

  6  the center shall consult with, and solicit and consider

  7  recommendations from, appropriate sectors of the health care

  8  community, including health care providers, patient

  9  safety-organizations, and other relevant experts.

10         (5)  CONFIDENTIALITY.--If any patient-safety data

11  received by the Florida Center for Patient Safety contains

12  information that is confidential and exempt from section

13  119.07(1), Florida Statutes, and Section 24(a) of Article I of

14  the State Constitution, such data shall remain confidential as

15  otherwise provided by law.

16         Section 2.  This act shall take effect July 1, 2002.

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18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 2294

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21  The bill creates the Florida Center for Patient Safety in the
    Health Sciences Center at the University of South Florida in
22  Tampa and the College of Medicine at the Florida State
    University in Tallahassee. The bill provides that if any
23  patient-safety data received by the Florida Center for Patient
    Safety contains data that is confidential and exempt from the
24  Public Records Law, such data must remain confidential as
    otherwise provided by law.
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