SENATE AMENDMENT
Bill No. CS for SB 702
Amendment No. ___ Barcode 161312
CHAMBER ACTION
Senate House
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04/26/2004 07:23 PM .
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11 Senator Saunders moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 4, between lines 3 and 4,
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16 insert:
17 (3) Information that identifies a health care
18 practitioner or health care facility which is held by the
19 Florida Patient Safety Corporation and its subsidiaries,
20 advisory committees, or contractors pursuant to s. 381.0271,
21 is confidential and exempt from s. 119.07(1) and s. 24(a),
22 Art. I of the State Constitution. Information that identifies
23 a health care practitioner or health care facility and that is
24 contained in patient safety data made confidential and exempt
25 from disclosure by this subsection may be disclosed only:
26 (a) With the express written consent of the health
27 care practitioner or health care facility;
28 (b) By court order upon a showing of good cause; or
29 (c) To a health research entity if the entity seeks
30 the records or data pursuant to a research protocol approved
31 by the corporation, maintains the records or data in
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SENATE AMENDMENT
Bill No. CS for SB 702
Amendment No. ___ Barcode 161312
1 accordance with the approved protocol, and enters into a
2 purchase and data-use agreement with the corporation, the fee
3 provisions of which are consistent with s. 119.07(1)(a). The
4 corporation may deny a request for records or data that
5 identify the person or entity reporting patient safety data if
6 the protocol provides for intrusive follow-back contacts, has
7 not been approved by a human studies institutional review
8 board, does not plan for the destruction of confidential
9 records after the research is concluded, or does not have
10 scientific merit. The agreement must prohibit the release of
11 any information that would permit the identification of
12 persons or entities that report patient safety data, must
13 limit the use of records or data in conformance with the
14 approved research protocol, and must prohibit any other use of
15 the records or data. Copies of records or data issued under
16 this paragraph remain the property of the corporation.
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18 (Renumber subsequent subsection.)
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22 And the title is amended as follows:
23 On page 1, lines 8-9, delete those lines
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25 and insert:
26 identifies a patient, which identifies the
27 person or entity reporting patient safety data,
28 or which identifies a health care practitioner
29 or health care facility;
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