Senate Bill sb0250

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    Florida Senate - 2002                                   SB 250

    By the Committee on Health, Aging and Long-Term Care





    317-206-02

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         456.046, F.S.; abrogating the repeal of

  4         provisions relating to information and data

  5         received by the Department of Health or its

  6         agent for the purpose of compiling practitioner

  7         profiles; revising cross-references; providing

  8         an effective date.

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

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12         Section 1.  Section 456.046, Florida Statutes, is

13  amended to read:

14         456.046  Practitioner's profiles; confidentiality.--Any

15  patient name or other information that identifies a patient

16  which is in a record obtained by the Department of Health or

17  its agent for the purpose of compiling a practitioner profile

18  pursuant to s. 456.041 is confidential and exempt from the

19  provisions of s. 119.07(1) chapter 119 and s. 24(a), Art. I of

20  the State Constitution.  Other data received by the department

21  or its agent as a result of its duty to compile and promulgate

22  practitioner profiles are confidential and exempt from the

23  provisions of s. 119.07(1) chapter 119 and s. 24(a), Art. I of

24  the State Constitution until the profile into which the data

25  are incorporated or with respect to which the data are

26  submitted is made public pursuant to the requirements of s.

27  456.041. Any information or record that the Department of

28  Health obtains from the Agency for Health Care Administration

29  or any other governmental entity for the purpose of compiling

30  a practitioner profile or substantiating other information or

31  records submitted for that purpose which is otherwise exempt

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    Florida Senate - 2002                                   SB 250
    317-206-02




  1  from public disclosure shall remain exempt as otherwise

  2  provided by law and that was exempt from the provisions of

  3  chapter 119 and s. 24(a), Art. I of the State Constitution

  4  does not lose that character by coming into the possession of

  5  the Department of Health, and such information or record

  6  continues to be exempt from the provisions of chapter 119 and

  7  s. 24(a), Art. I of the State Constitution. This section is

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

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

10  2, 2002, unless reviewed and saved from repeal through

11  reenactment by the Legislature.

12         Section 2.  This act shall take effect October 1, 2002.

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15                          SENATE SUMMARY

16    Pertains to public records exemptions. Abrogates the
      repeal of provisions relating to information and data
17    received by the Department of Health or its agent for the
      purpose of compiling practitioner profiles.
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CODING: Words stricken are deletions; words underlined are additions.