Florida Senate - 2019                                    SB 7000
       
       
        
       By the Committee on Health Policy
       
       
       
       
       
       588-00834-19                                          20197000__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 466.051, F.S., relating
    4         to an exemption from the public records requirements
    5         for personal identifying information contained in
    6         dental workforce surveys held by the Department of
    7         Health; removing the scheduled repeal of the
    8         exemption; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 466.051, Florida Statutes, is amended to
   13  read:
   14         466.051 Confidentiality of certain information contained in
   15  dental workforce surveys.—
   16         (1) Personal identifying information that is contained in a
   17  record provided by a dentist or dental hygienist licensed under
   18  this chapter in response to a dental workforce survey and held
   19  by the Department of Health is confidential and exempt from s.
   20  119.07(1) and s. 24(a), Art. I of the State Constitution.
   21  Personal identifying information in such a record:
   22         (1)(a) Shall be disclosed with the express written consent
   23  of the individual to whom the information pertains or the
   24  individual’s legally authorized representative.
   25         (2)(b) Shall be disclosed by court order upon a showing of
   26  good cause.
   27         (3)(c) May be disclosed to a research entity, if the entity
   28  seeks the records or data pursuant to a research protocol
   29  approved by the Department of Health, maintains the records or
   30  data in 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). The
   33  department may deny a request for records or data if the
   34  protocol provides for intrusive follow-back contacts, does not
   35  plan for the destruction of the confidential records after the
   36  research is concluded, is administratively burdensome, or does
   37  not have scientific merit. The agreement must prohibit the
   38  release of information by the research entity which would
   39  identify individuals, limit the use of records or data to the
   40  approved research protocol, and prohibit any other use of the
   41  records or data. Copies of records or data issued pursuant to
   42  this subsection paragraph remain the property of the department.
   43         (2) This section is subject to the Open Government Sunset
   44  Review Act in accordance with s. 119.15 and shall stand repealed
   45  on October 2, 2019, unless reviewed and saved from repeal
   46  through reenactment by the Legislature.
   47         Section 2. This act shall take effect October 1, 2019.