Bill Text: FL S7010 | 2012 | Regular Session | Introduced
Bill Title: OGSR/Physician Workforce Surveys/Department of Health
Spectrum: Committee Bill
Status: (N/A - Dead) 2011-11-04 - Submit as committee bill by Health Regulation (SB 830) [S7010 Detail]
Download: Florida-2012-S7010-Introduced.html
Florida Senate - 2012 (PROPOSED COMMITTEE BILL) SPB 7010 FOR CONSIDERATION By the Committee on Health Regulation 588-00650-12 20127010__ 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 provided for personal identifying 6 information contained in physician workforce surveys 7 submitted to the Department of Health by physicians 8 and osteopathic physicians; saving the exemptions from 9 repeal under the Open Government Sunset Review Act; 10 removing the scheduled repeal of each exemption; 11 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 sectionsubsection. Information made 26 confidential and exempt by this sectionsubsectionshall be 27 disclosed: 28 (1)(a)With the express written consent of the individual 29 to whom the information pertains or the individual’s legally 30 authorized representative. 31 (2)(b)By court order upon a showing of good cause. 32 (3)(c)To a research entity, if the entity seeks the 33 records or data pursuant to a research protocol approved by the 34 Department of Health, maintains the records or data in 35 accordance with the approved protocol, and enters into a 36 purchase and data-use agreement with the department, the fee 37 provisions of which are consistent with s. 119.07(4). The 38 department may deny a request for records or data if the 39 protocol provides for intrusive follow-back contacts, does not 40 plan for the destruction of confidential records after the 41 research is concluded, is administratively burdensome, or does 42 not have scientific merit. The agreement must restrict the 43 release of information that would identify individuals, must 44 limit the use of records or data to the approved research 45 protocol, and must prohibit any other use of the records or 46 data. Copies of records or data issued pursuant to this 47 subsectionparagraphremain the property of the department. 48(2) This section is subject to the Open Government Sunset49Review Act in accordance with s.119.15and shall stand repealed50on October 2, 2012, unless reviewed and saved from repeal51through reenactment by the Legislature.52 Section 2. Section 459.0083, Florida Statutes, is amended 53 to read: 54 459.0083 Confidentiality of certain information contained 55 in physician workforce surveys.— 56(1)All personal identifying information contained in 57 records provided by physicians licensed under chapter 458 or 58 this chapter in response to physician workforce surveys required 59 as a condition of license renewal and held by the Department of 60 Health is confidential and exempt from s. 119.07(1) and s. 61 24(a), Art. I of the State Constitution, except as otherwise 62 provided in this sectionsubsection. Information made 63 confidential and exempt by this sectionsubsectionshall be 64 disclosed: 65 (1)(a)With the express written consent of the individual 66 to whom the information pertains or the individual’s legally 67 authorized representative. 68 (2)(b)By court order upon a showing of good cause. 69 (3)(c)To a research entity, if the entity seeks the 70 records or data pursuant to a research protocol approved by the 71 Department of Health, maintains the records or data in 72 accordance with the approved protocol, and enters into a 73 purchase and data-use agreement with the department, the fee 74 provisions of which are consistent with s. 119.07(4). The 75 department may deny a request for records or data if the 76 protocol provides for intrusive follow-back contacts, does not 77 plan for the destruction of confidential records after the 78 research is concluded, is administratively burdensome, or does 79 not have scientific merit. The agreement must restrict the 80 release of information that would identify individuals, must 81 limit the use of records or data to the approved research 82 protocol, and must prohibit any other use of the records or 83 data. Copies of records or data issued pursuant to this 84 subsectionparagraphremain the property of the department. 85(2) This section is subject to the Open Government Sunset86Review Act in accordance with s.119.15and shall stand repealed87on October 2, 2012, unless reviewed and saved from repeal88through reenactment by the Legislature.89 Section 3. This act shall take effect July 1, 2012.