Bill Text: FL H0811 | 2012 | Regular Session | Introduced

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Bill Title: Pub. Rec./Dental Workforce Surveys

Spectrum: Partisan Bill (Republican 4-0)

Status: (Failed) 2012-03-09 - Died in Health and Human Services Quality Subcommittee [H0811 Detail]

Download: Florida-2012-H0811-Introduced.html

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HB 811

1	A bill to be entitled
2	An act relating to public records; providing an
3	exemption from public records requirements for
4	information contained in dental workforce surveys
5	submitted by dentists or dental hygienists to the
6	Department of Health; providing exceptions to the
7	exemption; providing for future legislative review and
8	repeal of the exemption under the Open Government
9	Sunset Review Act; providing a statement of public
10	necessity; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Confidentiality of certain information
15	contained in dental workforce surveys.-
16	(1)  All personal identifying information that is contained
17	in records provided by dentists or dental hygienists licensed
18	under chapter 466, Florida Statutes, in response to dental
19	workforce surveys and held by the Department of Health is
20	confidential and exempt from s. 119.07(1), Florida Statutes, and
21	s. 24(a), Article I of the State Constitution, except such
22	information shall be disclosed:
23	(a)  With the express written consent of the individual to
24	whom the information pertains or the individual's legally
25	authorized representative.
26	(b)  By court order upon a showing of good cause.
27	(c)  To a research entity, if the entity seeks the records
28	or data pursuant to a research protocol approved by the
29	Department of Health, maintains the records or data in
30	accordance with the approved protocol, and enters into a
31	purchase and data-use agreement with the department, the fee
32	provisions of which are consistent with s. 119.07(4), Florida
33	Statutes. The department may deny a request for records or data
34	if the protocol provides for intrusive follow-back contacts,
35	does not plan for the destruction of confidential records after
36	the research is concluded, is administratively burdensome, or
37	does not have scientific merit. The agreement must restrict the
38	release of information that would identify individuals, limit
39	the use of records or data to the approved research protocol,
40	and prohibit any other use of the records or data. Copies of
41	records or data issued pursuant to this paragraph remain the
42	property of the department.
43	(2)  This section is subject to the Open Government Sunset
44	Review Act in accordance with s. 119.15, Florida Statutes, and
45	shall stand repealed on October 2, 2017, unless reviewed and
46	saved from repeal through reenactment by the Legislature.
47	Section 2.  The Legislature finds that it is a public
48	necessity that personal identifying information concerning a
49	dentist or dental hygienist licensed under chapter 466, Florida
50	Statutes, who responds to a dental workforce survey be made
51	confidential and exempt from disclosure. Candid and honest
52	responses by licensed dentists or dental hygienists to the
53	workforce survey will ensure that timely and accurate
54	information is available to the Department of Health. The
55	Legislature finds that the failure to maintain the
56	confidentiality of such personal identifying information would
57	prevent the resolution of important state interests to ensure
58	the availability of dentists or dental hygienists in this state.
59	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.