Bill Text: FL S7000 | 2011 | Regular Session | Introduced
Bill Title: OGSR/Donor Personal Identifying Information
Spectrum: Committee Bill
Status: (N/A - Dead) 2011-01-12 - Submit as committee bill by Health Regulation (SB 420) [S7000 Detail]
Download: Florida-2011-S7000-Introduced.html
Florida Senate - 2011 (PROPOSED COMMITTEE BILL) SPB 7000 FOR CONSIDERATION By the Committee on Health Regulation 588-00123D-11 20117000__ 1 A bill to be entitled 2 An act relating to a review under the Open Government 3 Sunset Review Act; amending s. 381.8531, F.S.; 4 providing that personal identifying information 5 pertaining to a donor to the central repository for 6 brain tumor biopsies or the brain tumor registry of 7 the Florida Center for Brain Tumor Research is 8 confidential and exempt from public-records 9 requirements; providing an exception under certain 10 conditions for information disclosed to a person 11 engaged in bona fide research; providing for future 12 legislative review and repeal of the exemption under 13 the Open Government Sunset Review Act; providing a 14 finding of public necessity; providing an effective 15 date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 381.8531, Florida Statutes, is amended 20 to read: 21 381.8531 Florida Center for Brain Tumor Research; public 22 records exemption.— 23 (1) The following information held by the Florida Center 24 for Brain Tumor Research before, on, or after July 1, 2011, is 25 confidential and exempt from s. 119.07(1) and s. 24, Art. I of 26 the State Constitution: 27 (a) Any personal identifying information pertaining to a 28 donor to the central repository for brain tumor biopsies or the 29 brain tumor registry.An individual’s medical record.30 (b) Any information received from an individual from 31 another state or nation or the Federal Government whichthatis 32 otherwise confidential or exempt pursuant to the laws of that 33 state or nation or pursuant to federal law. 34 (2) Such information may be disclosed to a person engaged 35 in bona fide research if that person agrees to: 36 (a) Submit to the Florida Center for Brain Tumor Research a 37 research plan that has been approved by an institutional review 38 board and that specifies the exact nature of the information 39 requested, the intended use of the information, and the reason 40 that the research could not practicably be conducted without the 41 information; 42 (b) Sign a confidentiality agreement with the Florida 43 Center for Brain Tumor Research; 44 (c) Maintain the confidentiality of the personal 45 identifying information or otherwise confidential or exempt 46 information; and 47 (d) To the extent permitted by law and after the research 48 has concluded, destroy any confidential records or information 49 obtained. 50 (3)(2)This section is subject to the Open Government 51 Sunset Review Act in accordance with s. 119.15 and shall stand 52 repealed on October 2, 20162011, unless reviewed and saved from 53 repeal through reenactment by the Legislature. 54 Section 2. The Legislature finds that it is a public 55 necessity that personal identifying information pertaining to a 56 donor to the central repository for brain tumor biopsies or the 57 brain tumor registry of the Florida Center for Brain Tumor 58 Research pursuant to s. 381.853, Florida Statutes, be made 59 confidential and exempt from public-records requirements. Brain 60 tumors are a leading cause of death, and there is a significant 61 need to discover cures and develop treatment modalities for 62 brain tumors, which can be facilitated by a registry and 63 repository of specimens from persons diagnosed with brain 64 tumors. The disclosure of such information could hinder the 65 availability of specimens for research. Matters of personal 66 health are traditionally private and confidential concerns 67 between the patient and the health care provider. The private 68 and confidential nature of personal health matters pervades both 69 the public and private health care sectors. For these reasons, 70 the donor’s expectation of and right to privacy in all matters 71 regarding his or her personal health necessitates this 72 exemption. The Legislature further finds that it is a public 73 necessity to protect a patient’s medical diagnosis and 74 information because the release of such information could be 75 defamatory to the patient or could cause unwarranted damage to 76 the name or reputation of the patient. 77 Section 3. This act shall take effect July 1, 2011.