Bill Text: FL S0830 | 2012 | Regular Session | Comm Sub

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Bill Title: OGSR/Physician Workforce Surveys/Department of Health

Spectrum: Committee Bill

Status: (Introduced - Dead) 2012-02-29 - Laid on Table, refer to HB 7035 [S0830 Detail]

Download: Florida-2012-S0830-Comm_Sub.html

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       Florida Senate - 2012                              CS for SB 830
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Health Regulation
       
       
       
       585-03098-12                                           2012830c1
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending ss. 458.3193 and 459.0083,
    4         F.S., relating to exemptions from public records
    5         requirements for personal identifying information
    6         contained in physician workforce surveys submitted to
    7         the Department of Health by physicians and osteopathic
    8         physicians; saving the exemptions from repeal under
    9         the Open Government Sunset Review Act; removing the
   10         scheduled repeal of each exemption; making conforming
   11         changes; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 458.3193, Florida Statutes, is amended
   16  to read:
   17         458.3193 Confidentiality of certain information contained
   18  in physician workforce surveys.—
   19         (1) All personal identifying information contained in
   20  records provided by physicians licensed under this chapter or
   21  chapter 459 in response to physician workforce surveys required
   22  as a condition of license renewal and held by the Department of
   23  Health is confidential and exempt from s. 119.07(1) and s.
   24  24(a), Art. I of the State Constitution, except as otherwise
   25  provided in this subsection. Information made confidential and
   26  exempt by this section subsection shall be disclosed:
   27         (1)(a) With the express written consent of the individual
   28  to whom the information pertains or the individual’s legally
   29  authorized representative.
   30         (2)(b) By court order upon a showing of good cause.
   31         (3)(c) To a research entity, if the entity seeks the
   32  records or data pursuant to a research protocol approved by the
   33  Department of Health, maintains the records or data in
   34  accordance with the approved protocol, and enters into a
   35  purchase and data-use agreement with the department, the fee
   36  provisions of which are consistent with s. 119.07(4). The
   37  department may deny a request for records or data if the
   38  protocol provides for intrusive follow-back contacts, does not
   39  plan for the destruction of confidential records after the
   40  research is concluded, is administratively burdensome, or does
   41  not have scientific merit. The agreement must restrict the
   42  release of information that would identify individuals, must
   43  limit the use of records or data to the approved research
   44  protocol, and must prohibit any other use of the records or
   45  data. Copies of records or data issued pursuant to this
   46  subsection paragraph remain the property of the department.
   47         (2) This section is subject to the Open Government Sunset
   48  Review Act in accordance with s. 119.15 and shall stand repealed
   49  on October 2, 2012, unless reviewed and saved from repeal
   50  through reenactment by the Legislature.
   51         Section 2. Section 459.0083, Florida Statutes, is amended
   52  to read:
   53         459.0083 Confidentiality of certain information contained
   54  in physician workforce surveys.—
   55         (1) All personal identifying information contained in
   56  records provided by physicians licensed under chapter 458 or
   57  this chapter in response to physician workforce surveys required
   58  as a condition of license renewal and held by the Department of
   59  Health is confidential and exempt from s. 119.07(1) and s.
   60  24(a), Art. I of the State Constitution, except as otherwise
   61  provided in this subsection. Information made confidential and
   62  exempt by this section subsection shall be disclosed:
   63         (1)(a) With the express written consent of the individual
   64  to whom the information pertains or the individual’s legally
   65  authorized representative.
   66         (2)(b) By court order upon a showing of good cause.
   67         (3)(c) To a research entity, if the entity seeks the
   68  records or data pursuant to a research protocol approved by the
   69  Department of Health, maintains the records or data in
   70  accordance with the approved protocol, and enters into a
   71  purchase and data-use agreement with the department, the fee
   72  provisions of which are consistent with s. 119.07(4). The
   73  department may deny a request for records or data if the
   74  protocol provides for intrusive follow-back contacts, does not
   75  plan for the destruction of confidential records after the
   76  research is concluded, is administratively burdensome, or does
   77  not have scientific merit. The agreement must restrict the
   78  release of information that would identify individuals, must
   79  limit the use of records or data to the approved research
   80  protocol, and must prohibit any other use of the records or
   81  data. Copies of records or data issued pursuant to this
   82  subsection paragraph remain the property of the department.
   83         (2) This section is subject to the Open Government Sunset
   84  Review Act in accordance with s. 119.15 and shall stand repealed
   85  on October 2, 2012, unless reviewed and saved from repeal
   86  through reenactment by the Legislature.
   87         Section 3. This act shall take effect October 1, 2012.