Senate Bill sb0702e1

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    CS for SB 702                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         creating s. 381.0273, F.S.; providing that

  4         information contained in patient safety data or

  5         other records maintained by the Florida Patient

  6         Safety Corporation and its subsidiaries,

  7         advisory committees, or contractors which

  8         identifies a patient, which identifies the

  9         person or entity reporting patient safety data,

10         or which identifies a health care practitioner

11         or health care facility is confidential and

12         exempt from disclosure under public-records

13         requirements; authorizing the release of

14         information under specified circumstances,

15         including release to a health care research

16         entity; specifying circumstances under which

17         the corporation may deny a request for records

18         or data that identifies a patient; providing

19         that portions of meetings held by the

20         corporation and its subsidiaries, advisory

21         committees, or contractors at which such

22         information is discussed are exempt from

23         public-meetings requirements; providing for

24         future legislative review and repeal under the

25         Open Government Sunset Review Act of 1995;

26         providing a statement of public necessity;

27         providing a contingent effective date.

28  

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

30  

31  


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    CS for SB 702                                  First Engrossed



 1         Section 1.  Section 381.0273, Florida Statutes, is

 2  created to read:

 3         381.0273  Public records exemption for patient safety

 4  data.--

 5         (1)  Information that identifies a patient and that is

 6  contained in patient safety data, as defined in s. 766.1016,

 7  or in other records held by the Florida Patient Safety

 8  Corporation and its subsidiaries, advisory committees, or

 9  contractors pursuant to s. 381.0271 is confidential and exempt

10  from s. 119.07(1) and s. 24(a), Art. I of the State

11  Constitution. Personal identifying information made

12  confidential and exempt from disclosure by this paragraph may

13  be disclosed only:

14         (a)  With the express written consent of the patient or

15  the patient's legally authorized representative in compliance

16  with any federal or state law;

17         (b)  By court order upon a showing of good cause; or

18         (c)  To a health research entity if the entity seeks

19  the records or data pursuant to a research protocol approved

20  by the corporation, maintains the records or data in

21  accordance with the approved protocol, and enters into a

22  purchase and data-use agreement with the corporation, the fee

23  provisions of which are consistent with s. 119.07(1)(a). The

24  corporation may deny a request for records or data that

25  identify the patient if the protocol provides for intrusive

26  follow-back contacts, has not been approved by a human studies

27  institutional review board, does not plan for the destruction

28  of confidential records after the research is concluded, or

29  does not have scientific merit. The agreement must prohibit

30  the release of any information that would permit the

31  identification of any patient, must limit the use of records


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    CS for SB 702                                  First Engrossed



 1  or data in conformance with the approved research protocol,

 2  and must prohibit any other use of the records or data. Copies

 3  of records or data issued pursuant to this paragraph remain

 4  the property of the corporation.

 5         (2)  Information that identifies the person or entity

 6  that reports patient safety data, as defined in s. 766.1016,

 7  to the corporation and that is contained in patient safety

 8  data or in other records held by the Florida Patient Safety

 9  Corporation and its subsidiaries, advisory committees, or

10  contractors pursuant to s. 381.0271 is confidential and exempt

11  from s. 119.07(1) and s. 24(a), Art. I of the State

12  Constitution. Information that identifies a person or entity

13  reporting patient safety data made confidential and exempt

14  from disclosure by this subsection may be disclosed only:

15         (a)  With the express written consent of the person or

16  entity reporting the patient safety data to the corporation;

17         (b)  By court order upon a showing of good cause; or

18         (c)  To a health research entity if the entity seeks

19  the records or data pursuant to a research protocol approved

20  by the corporation, maintains the records or data in

21  accordance with the approved protocol, and enters into a

22  purchase and data-use agreement with the corporation, the fee

23  provisions of which are consistent with s. 119.07(1)(a). The

24  corporation may deny a request for records or data that

25  identify the person or entity reporting patient safety data if

26  the protocol provides for intrusive follow-back contacts, has

27  not been approved by a human studies institutional review

28  board, does not plan for the destruction of confidential

29  records after the research is concluded, or does not have

30  scientific merit. The agreement must prohibit the release of

31  any information that would permit the identification of


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    CS for SB 702                                  First Engrossed



 1  persons or entities that report patient safety data, must

 2  limit the use of records or data in conformance with the

 3  approved research protocol, and must prohibit any other use of

 4  the records or data. Copies of records or data issued pursuant

 5  to this paragraph remain the property of the corporation.

 6         (3)  Information that identifies a health care

 7  practitioner or health care facility which is held by the

 8  Florida Patient Safety Corporation and its subsidiaries,

 9  advisory committees, or contractors pursuant to s. 381.0271,

10  is confidential and exempt from s. 119.07(1) and s. 24(a),

11  Art. I of the State Constitution. Information that identifies

12  a health care practitioner or health care facility and that is

13  contained in patient safety data made confidential and exempt

14  from disclosure by this subsection may be disclosed only:

15         (a)  With the express written consent of the health

16  care practitioner or health care facility;

17         (b)  By court order upon a showing of good cause; or

18         (c)  To a health research entity if the entity seeks

19  the records or data pursuant to a research protocol approved

20  by the corporation, maintains the records or data in

21  accordance with the approved protocol, and enters into a

22  purchase and data-use agreement with the corporation, the fee

23  provisions of which are consistent with s. 119.07(1)(a). The

24  corporation may deny a request for records or data that

25  identify the person or entity reporting patient safety data if

26  the protocol provides for intrusive follow-back contacts, has

27  not been approved by a human studies institutional review

28  board, does not plan for the destruction of confidential

29  records after the research is concluded, or does not have

30  scientific merit. The agreement must prohibit the release of

31  any information that would permit the identification of


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    CS for SB 702                                  First Engrossed



 1  persons or entities that report patient safety data, must

 2  limit the use of records or data in conformance with the

 3  approved research protocol, and must prohibit any other use of

 4  the records or data. Copies of records or data issued under

 5  this paragraph remain the property of the corporation.

 6         (4)  Any portion of a meeting held by the Florida

 7  Patient Safety Corporation and its subsidiaries, advisory

 8  committees, or contractors during which information is

 9  discussed which is confidential and exempt from disclosure

10  pursuant to this section is exempt from s. 286.011 and s.

11  24(b), Art. I of the State Constitution. Subsections (1) and

12  (2) apply to those portions of the minutes of such meetings

13  which contain information made confidential and exempt from

14  disclosure by this section.

15         Section 2.  Section 381.0273, Florida Statutes, is

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

17  accordance with section 119.15, Florida Statutes, and shall

18  stand repealed on October 2, 2009, unless reviewed and saved

19  from repeal through reenactment by the Legislature.

20         Section 3.  The Legislature finds it is a public

21  necessity that information that identifies a patient contained

22  in patient safety data, as defined in section 766.1016,

23  Florida Statutes, and that is maintained by the Florida

24  Patient Safety Corporation and its subsidiaries, advisory

25  committees, or contractors be protected because such

26  information is of a sensitive and personal nature and the

27  release of such information could be defamatory to the patient

28  or could cause unwarranted damage to the name or reputation of

29  the patient. The Legislature finds that it is a public

30  necessity that information that identifies the person or

31  entity reporting patient safety data to the Florida Patient


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    CS for SB 702                                  First Engrossed



 1  Safety Corporation and its subsidiaries, advisory committees,

 2  or contractors be protected because health care practitioners

 3  and health care facilities would be unlikely to voluntarily

 4  submit patient safety data if their identity were made public

 5  and such information could be defamatory to the person or

 6  entity or could cause unwarranted damage to the name or

 7  reputation of the person or entity. The Legislature finds that

 8  it is a public necessity that information that identifies the

 9  health care practitioner or health care facility identified in

10  the patient safety data reported to the Florida Patient Safety

11  Corporation and its subsidiaries, advisory committees, or

12  contractors be protected because health care practitioners and

13  health care facilities would be unlikely to voluntarily submit

14  patient safety data if their identity were made public and

15  such information could be defamatory to the person or entity

16  or could cause unwarranted damage to the name or reputation of

17  the person or entity. The Legislature also finds it is a

18  public necessity that any portion of a meeting of the Florida

19  Patient Safety Corporation and its subsidiaries, advisory

20  committees, or contractors be closed when such sensitive and

21  personal information relating to patient safety data is

22  discussed. Without these protections, the effectiveness of the

23  Florida Patient Safety Corporation would be seriously

24  jeopardized and the ability of the Florida Patient Safety

25  Corporation to assist health care practitioners and health

26  care facilities in reducing and preventing injury to patients

27  in the future would be significantly impaired.

28         Section 4.  This act shall take effect on the same date

29  that CS for SB 1464 or similar legislation takes effect, if

30  such legislation is enacted in the same legislative session or

31  an extension thereof and becomes law.


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