Florida 2024 Regular Session

Florida House Bill H0263 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 263 2024
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0263-00
9	9	Page 1 of 3
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to public records; amending s. 2
16	16	474.2185, F.S.; providing an exemption from public 3
17	17	records requirements for records relating to licensed 4
18	18	veterinary technicians until specified criteria are 5
19	19	met; providing a statement of public necessity; 6
20	20	providing a contingent effective date. 7
21	21	8
22	22	Be It Enacted by the Legislature of the State of Florida: 9
23	23	10
24	24	Section 1. Section 474.2185, Florida Statutes, is amended 11
25	25	to read: 12
26	26	474.2185 Veterinarians consent; handwriting samples; 13
27	27	mental or physical examinations. —A veterinarian or veterinary 14
28	28	technician who accepts a license to practice veterinary medicine 15
29	29	or veterinary technology, as applicable, in this state shall, by 16
30	30	so accepting the license or by making and filing a renewal of 17
31	31	licensure to practice in this state, be deemed to have given her 18
32	32	or his consent, during a lawful investigation of a complaint or 19
33	33	of an application for licensure and when the information has 20
34	34	been deemed necessary and relevant to the investigation as 21
35	35	determined by the secretary of the department, to the following: 22
36	36	(1) To render a handwriting sample to an agent of the 23
37	37	department and, further, to have waived any objections to its 24
38	38	use as evidence against her or him. 25
39	39
40	40	HB 263 2024
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0263-00
46	46	Page 2 of 3
47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48	48
49	49
50	50
51	51	(2) To waive the confidentiality and authorize the 26
52	52	preparation and release of medical reports pertaining to the 27
53	53	mental or physical condition of the licensee when the department 28
54	54	has reason to believe that a violation of this cha pter has 29
55	55	occurred and when the department issues an order, based on the 30
56	56	need for additional information, to produce such medical reports 31
57	57	for the time period relevant to the complaint. As used in this 32
58	58	section, "medical reports" means a compilation of medica l 33
59	59	treatment of the licensee which shall include symptoms, 34
60	60	diagnosis, treatment prescribed, relevant history, and progress. 35
61	61	(3) To waive any objection to the admissibility of the 36
62	62	reports as constituting privileged communications. Such material 37
63	63	maintained by the department is confidential and exempt from s. 38
64	64	119.07(1) until probable cause is found and an administrative 39
65	65	complaint is issued. 40
66	66	Section 2. The Legislature finds that it is a public 41
67	67	necessity that that medical reports pertaining to the mental or 42
68	68	physical condition of a licensed veterinary technician obtained 43
69	69	by the department as part of the complaint and investigation 44
70	70	process be made confidential and exempt from s. 119.07(1), 45
71	71	Florida Statutes, and s. 24(a), Article I of the State 46
72	72	Constitution. The Legislature finds that the rights of a 47
73	73	licensed veterinary technician afforded under other state or 48
74	74	federal laws that deem certain personal information 49
75	75	confidential, such as protected health information covered by 50
76	76
77	77	HB 263 2024
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0263-00
83	83	Page 3 of 3
84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88	the Health Insurance Portability and Acc ountability Act, should 51
89	89	be upheld and that the licensed veterinary technician's exempt 52
90	90	or confidential information should not be disclosed to the 53
91	91	public until probable cause is found and an administrative 54
92	92	complaint is issued. The licensed veterinary techni cian's exempt 55
93	93	or confidential information, if publicly available, could be 56
94	94	used to invade his or her personal privacy. Making such 57
95	95	information confidential and exempt from disclosure will protect 58
96	96	information of a sensitive personal nature, the release of w hich 59
97	97	could cause unwarranted damage to the privacy rights of the 60
98	98	licensed veterinary technician. The Legislature therefore finds 61
99	99	that it is a public necessity that such information be made 62
100	100	confidential and exempt until probable cause is found and an 63
101	101	administrative complaint is issued. 64
102	102	Section 3. This act shall take effect on the same date 65
103	103	that HB 261 or similar legislation takes effect , if such 66
104	104	legislation is adopted in the same legislative session or an 67
105	105	extension thereof and becomes a law. 68