Florida Senate - 2015                                    SB 1626
       By Senator Brandes
       22-01521A-15                                          20151626__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         408.0641, F.S.; creating an exemption from public
    4         records for identifying information in compassionate
    5         and palliative care plans filed with the Clearinghouse
    6         for Compassionate and Palliative Care Plans;
    7         authorizing the disclosure of certain information to
    8         certain entities and individuals; providing for future
    9         legislative review and repeal of the exemption under
   10         the Open Government Sunset Review Act; providing a
   11         statement of public necessity; providing a contingent
   12         effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Section 408.0641, Florida Statutes, is created
   17  to read:
   18         408.0641 Clearinghouse for compassionate and palliative
   19  care plans; public records exemption.—
   20         (1) Information held in the Clearinghouse for Compassionate
   21  and Palliative Care Plans under s. 408.064 is confidential and
   22  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   23  Constitution.
   24         (2) The agency may disclose such confidential and exempt
   25  information to the following persons or entities upon request
   26  after using a verification process to ensure the legitimacy of
   27  the request and the requestor’s identity:
   28         (a) A physician who certifies that the information is
   29  necessary to provide medical treatment to a patient with a
   30  terminal illness who has a plan in the clearinghouse.
   31         (b) A patient or the legal guardian or designated health
   32  care surrogate for a patient with a terminal illness who has a
   33  plan in the clearinghouse.
   34         (c) A health care facility that certifies that the
   35  information is necessary to provide medical treatment to a
   36  patient with a terminal illness who has a plan in the
   37  clearinghouse.
   38         (3) This section is subject to the Open Government Sunset
   39  Review Act in accordance with s. 119.15 and shall stand repealed
   40  on October 2, 2020, unless reviewed and saved from repeal
   41  through reenactment by the Legislature.
   42         Section 2. The Legislature finds that it is a public
   43  necessity to make confidential and exempt from disclosure
   44  information held in the Clearinghouse for Compassionate and
   45  Palliative Care Plans which would identify a patient, his or her
   46  terminal illness, or the patient’s family members. Such personal
   47  identifying information, if publicly available, could be used to
   48  invade the personal privacy of the patient or his or her family.
   49  The decisions made under a compassionate and palliative care
   50  plan for a terminal condition are a private matter. Furthermore,
   51  the public disclosure of such information could hinder the
   52  effective and efficient administration of the Clearinghouse for
   53  Compassionate and Palliative Care Plans. Public access to such
   54  information could reduce participation and minimize the
   55  effectiveness of compassionate and palliative care plans to meet
   56  the needs of individuals. Finally, access to such information
   57  could be used to solicit, harass, stalk, or intimidate
   58  clearinghouse participants or terminally ill patients or their
   59  families. Therefore, the Legislature finds that information held
   60  in the Clearinghouse for Compassionate and Palliative Care Plans
   61  which would identify a patient participating in the
   62  clearinghouse or which contains or reflects the patient’s
   63  medical information should be confidential and exempt from
   64  public records requirements.
   65         Section 3. This act shall take effect on the same date that
   66  SB 1052 or similar legislation takes effect if such legislation
   67  is adopted in the same legislative session or an extension
   68  thereof and becomes a law.