SENATE AMENDMENT
    Bill No. CS for SB 702
    Amendment No. ___   Barcode 373908
                            CHAMBER ACTION
              Senate                               House
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 1                  WD/2R          .                    
       04/23/2004 04:24 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 and that is contained in
19  patient safety data, as defined in s. 766.1016, or in other
20  records held by the Florida Patient Safety Corporation and its
21  subsidiaries, advisory committees, or contractors pursuant to
22  s. 381.0271, is confidential and exempt from s. 119.07(1) and
23  s. 24(a), Art. I of the State Constitution. Information that
24  identifies a health care practitioner or health care facility
25  and that is contained in patient safety data made confidential
26  and exempt from disclosure by this subsection may be disclosed
27  only:
28         (a)  With the express written consent of the health
29  care practitioner or health care facility that is identified
30  in patient safety data reported to the corporation;
31         (b)  By court order upon a showing of good cause; or
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    1:27 PM   04/23/04                              s0702c1c-37j01

SENATE AMENDMENT Bill No. CS for SB 702 Amendment No. ___ Barcode 373908 1 (c) To a health research entity if the entity seeks 2 the records or data pursuant to a research protocol approved 3 by the corporation, maintains the records or data in 4 accordance with the approved protocol, and enters into a 5 purchase and data-use agreement with the corporation, the fee 6 provisions of which are consistent with s. 119.07(1)(a). The 7 corporation may deny a request for records or data that 8 identify the person or entity reporting patient safety data if 9 the protocol provides for intrusive follow-back contacts, has 10 not been approved by a human studies institutional review 11 board, does not plan for the destruction of confidential 12 records after the research is concluded, or does not have 13 scientific merit. The agreement must prohibit the release of 14 any information that would permit the identification of 15 persons or entities that report patient safety data, must 16 limit the use of records or data in conformance with the 17 approved research protocol, and must prohibit any other use of 18 the records or data. Copies of records or data issued under 19 this paragraph remain the property of the corporation. 20 21 (Renumber subsequent subsection.) 22 23 24 ================ T I T L E A M E N D M E N T =============== 25 And the title is amended as follows: 26 On page 1, lines 8-9, delete those lines 27 28 and insert: 29 identifies a patient, which identifies the 30 person or entity reporting patient safety data, 31 or which identifies a health care practitioner 2 1:27 PM 04/23/04 s0702c1c-37j01
SENATE AMENDMENT Bill No. CS for SB 702 Amendment No. ___ Barcode 373908 1 or health care facility; 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 1:27 PM 04/23/04 s0702c1c-37j01