December 04, 2020
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Senate Bill 1660

Senate Bill sb1660

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1660

    By Senator Fasano





    11-1150-04

  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         creating an exemption from public-records

  4         requirements for certain documents produced by

  5         certified stroke treatment centers; exempting

  6         portions of meetings or proceedings at which

  7         records or reports concerning specific patients

  8         are discussed from public-meeting requirements;

  9         providing for future legislative review and

10         repeal; providing findings of public necessity;

11         providing a contingent effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Patient care records; public-records

16  exemption for stroke treatment centers.--

17         (1)  Patient care records, transportation and treatment

18  records or reports, and quality assurance proceedings,

19  records, or reports concerning patient care which are obtained

20  or made by a certified stroke treatment center are

21  confidential and exempt from section 119.07(1), Florida

22  Statutes, and Section 24(a), Article I of the State

23  Constitution. Quality assurance concerning patient care, for

24  the purpose of this section, includes any review during which

25  specific persons, cases, and incidents relevant to the

26  performance of quality control are considered and system

27  evaluations.

28         (2)  Quality assurance proceedings, records, or reports

29  concerning patient care which are obtained or made by a

30  certified stroke treatment center are not subject to discovery

31  

                                  1

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






    Florida Senate - 2004                                  SB 1660
    11-1150-04




 1  or introduction into evidence in any civil or administrative

 2  action.

 3         (3)  All information that is confidential by operation

 4  of law and is obtained by a stroke treatment center retains

 5  its confidential status and is exempt from section 119.07(1),

 6  Florida Statutes, and Section 24(a), Article I of the State

 7  Constitution.

 8         (4)  Portions of meetings or proceedings during which

 9  specific patient records, transportation and treatment records

10  or reports, or quality assurance records concerning patient

11  care are discussed are exempt from section 286.011, Florida

12  Statutes, and Section 24(b), Article I of the State

13  Constitution.

14         Section 2.  This act is subject to the Open Government

15  Sunset Review Act of 1995 in accordance with section 119.15,

16  Florida Statutes, and shall stand repealed on October 2, 2009,

17  unless reviewed and saved from repeal through reenactment by

18  the Legislature.

19         Section 3.  The Legislature finds that it is a public

20  necessity that any information concerning a patient of a

21  stroke treatment center be held confidential and exempt from

22  public disclosure in order to protect the patient's sensitive

23  personal, financial, and medical information. The Legislature

24  further finds that it is a public necessity that information

25  pertaining to the operation of quality assurance programs in

26  stroke treatment centers be confidential and exempt from

27  public-records requirements and that certain portions of

28  meetings of quality assurance committees be closed to the

29  public. The Legislature finds that these programs are

30  effective in reducing risks to patients and improve quality

31  when staff members of stroke treatment centers have frank and

                                  2

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    Florida Senate - 2004                                  SB 1660
    11-1150-04




 1  open internal communication regarding potential resident risks

 2  and quality assurance problems and that public access to these

 3  discussions or agency records of these discussions would

 4  inhibit this frank and open internal communication.

 5         Section 4.  This act shall take effect on the same date

 6  that SB ____ or similar legislation takes effect, if such

 7  legislation is adopted in the same legislative session or an

 8  extension thereof and becomes law.

 9  

10            *****************************************

11                          SENATE SUMMARY

12    Creates an exemption from public-records requirements for
      documents produced by certified stroke treatment centers.
13    Exempts certain meetings at which patient records are
      discussed from the public-meeting requirements. Provides
14    for future legislative review and repeal of the
      exemptions under the Open Government Sunset Review Act of
15    1995. Provides findings of public necessity. (See bill
      for details.)
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CODING: Words stricken are deletions; words underlined are additions.

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