Senate Bill sb0082Ee1
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SB 82-E First Engrossed
1 A bill to be entitled
2 An act relating to public-records exemptions;
3 creating a public-records exemption for
4 personal identifying information regarding a
5 patient held by the Department of Health;
6 providing exceptions to the exemption;
7 providing a criminal penalty for violating the
8 provisions of the public-records exemption;
9 providing for future review and repeal;
10 providing a statement of public necessity;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Public-records exemption.--
16 (1) Personal identifying information regarding a
17 patient reported and contained in the electronic system, or in
18 reports or analyses prepared from that information, which is
19 established by the Department of Health to monitor the
20 prescribing of controlled substances is confidential and
21 exempt from section 119.07(1), Florida Statutes, and Section
22 24(a) of Article I of the State Constitution. The Department
23 of Health may disclose a patient's identity contained in the
24 electronic system to:
25 (a) A practitioner who requests information and
26 certifies that the information is necessary to provide medical
27 treatment to a current patient in accordance with section
28 893.05, Florida Statutes.
29 (b) A pharmacist licensed in this state who requests
30 information and certifies that the requested information is to
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SB 82-E First Engrossed
1 be used to dispense controlled substances to a current patient
2 in accordance with section 893.04, Florida Statutes.
3 (c) A criminal justice agency, as defined in section
4 119.011, Florida Statutes, which enforces the laws of this
5 state or the United States relating to drugs and which is
6 engaged in a specific investigation involving a violation of
7 law.
8 (d) An employee or agent of the Department of Health
9 who is involved in a specific investigation involving a
10 violation of the chapter regulating the alleged violator, the
11 rules of the Department of Health, or the rules of a board
12 regulating the alleged violator. Information provided shall be
13 limited to the practitioner, patient, or other person at issue
14 in the investigation.
15
16 A practitioner, pharmacist, criminal justice agency, or
17 employee or agent of the Department of Health who obtains
18 personal identifying information pursuant to this section must
19 maintain the confidential and exempt status of that
20 information. This exemption is subject to the Open Government
21 Sunset Review Act of 1995 in accordance with section 119.15,
22 Florida Statutes, and shall stand repealed on October 2, 2007,
23 unless reviewed and saved from repeal through reenactment by
24 the Legislature.
25 (2) Any person who violates this section commits a
26 misdemeanor of the first degree, punishable as provided in
27 section 775.082 or section 775.083, Florida Statutes. Upon a
28 second or subsequent violation, the person commits a felony of
29 the third degree, punishable as provided in section 775.082 or
30 section 775.083, Florida Statutes.
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SB 82-E First Engrossed
1 Section 2. The Legislature finds that it is a public
2 necessity that the information made confidential and exempt by
3 this act be held confidential and exempt in order to
4 facilitate the efforts of the Department of Health to maintain
5 compliance with drug laws by the accurate and timely reporting
6 by health care practitioners of potential drug diversion
7 without compromising a patient's privacy, with certain
8 exceptions. The exemption for a patient's personal identifying
9 information reported and contained in the electronic system
10 for monitoring the prescribing of controlled substances
11 facilitates the sharing of information among health care
12 practitioners so that the practitioners may appropriately
13 identify and evaluate a patient's risk for drug diversion and
14 the resulting abuse of controlled substances without
15 compromising a patient's privacy. The Legislature further
16 finds that the exemption is a public necessity in order to
17 protect a patient's health-related information. Matters of
18 personal health are traditionally private and confidential
19 concerns between a patient and a health care provider. The
20 private and confidential nature of personal health matters
21 pervades the public and private health care sectors. If a
22 patient's personal identifying information were not
23 confidential and exempt, that patient's name would be
24 associated with the prescription. By associating a patient's
25 name with the patient's prescription, a third party could
26 determine that patient's ailment, thereby intruding upon the
27 patient's right to privacy in all matters regarding the
28 patient's personal health.
29 Section 3. This act shall take effect upon the
30 effective date of Senate Bill 80-E or similar legislation.
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