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3 | 3 | | HB 769 2025 |
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7 | 7 | | CODING: Words stricken are deletions; words underlined are additions. |
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8 | 8 | | hb769-00 |
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9 | 9 | | Page 1 of 3 |
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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 |
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14 | 14 | | A bill to be entitled 1 |
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15 | 15 | | An act relating to public records; amending s. 2 |
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16 | 16 | | 474.2185, F.S.; providing an exemption from public 3 |
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17 | 17 | | records requirements for records relating to licensed 4 |
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18 | 18 | | veterinary technicians until specified criteria are 5 |
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19 | 19 | | met; providing a statement of public necessity; 6 |
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20 | 20 | | providing a contingent effective date. 7 |
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21 | 21 | | 8 |
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22 | 22 | | Be It Enacted by the Legislature of the State of Florida: 9 |
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23 | 23 | | 10 |
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24 | 24 | | Section 1. Section 474.2185, Florida Statutes, is amended 11 |
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25 | 25 | | to read: 12 |
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26 | 26 | | 474.2185 Consent Veterinarians consent ; handwriting 13 |
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27 | 27 | | samples; mental or physical examinations. —A veterinarian or 14 |
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28 | 28 | | veterinary technician who accepts a license to practice 15 |
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29 | 29 | | veterinary medicine or veterinary technology, as applicable, in 16 |
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30 | 30 | | this state shall, by so accepting the license or by making and 17 |
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31 | 31 | | filing a renewal of licensure to practice in this state, be 18 |
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32 | 32 | | deemed to have given her or his consent, during a lawful 19 |
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33 | 33 | | investigation of a complaint or of an application for licensure 20 |
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34 | 34 | | and when the information has been deemed necessary and relevant 21 |
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35 | 35 | | to the investigation as determined by the secretary of the 22 |
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36 | 36 | | department, to the following: 23 |
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37 | 37 | | (1) To render a handwriting sample to an agent of the 24 |
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38 | 38 | | department and, further, to have waived any objections to its 25 |
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40 | 40 | | HB 769 2025 |
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44 | 44 | | CODING: Words stricken are deletions; words underlined are additions. |
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45 | 45 | | hb769-00 |
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46 | 46 | | Page 2 of 3 |
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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 |
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51 | 51 | | use as evidence against her or him. 26 |
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52 | 52 | | (2) To waive the confidentiality and authorize the 27 |
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53 | 53 | | preparation and release of medical reports pertaining to the 28 |
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54 | 54 | | mental or physical condition of the licensee when the department 29 |
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55 | 55 | | has reason to believe that a violation of this chapter has 30 |
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56 | 56 | | occurred and when the department issues an order, based on the 31 |
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57 | 57 | | need for additional information, to produce such medical reports 32 |
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58 | 58 | | for the time period relevant to the complaint. As used in this 33 |
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59 | 59 | | section, "medical reports" means a compilation o f medical 34 |
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60 | 60 | | treatment of the licensee which shall include symptoms, 35 |
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61 | 61 | | diagnosis, treatment prescribed, relevant history, and progress. 36 |
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62 | 62 | | (3) To waive any objection to the admissibility of the 37 |
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63 | 63 | | reports as constituting privileged communications. Such material 38 |
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64 | 64 | | maintained by the department is confidential and exempt from s. 39 |
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65 | 65 | | 119.07(1) until probable cause is found and an administrative 40 |
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66 | 66 | | complaint is issued. 41 |
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67 | 67 | | Section 2. The Legislature finds that it is a public 42 |
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68 | 68 | | necessity that that medical reports pertaining to the m ental or 43 |
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69 | 69 | | physical condition of a licensed veterinary technician obtained 44 |
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70 | 70 | | by the department as part of the complaint and investigation 45 |
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71 | 71 | | process be made confidential and exempt from s. 119.07(1), 46 |
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72 | 72 | | Florida Statutes, and s. 24(a), Article I of the State 47 |
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73 | 73 | | Constitution. The Legislature finds that the rights of a 48 |
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74 | 74 | | licensed veterinary technician afforded under other state or 49 |
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75 | 75 | | federal laws that deem certain personal information 50 |
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77 | 77 | | HB 769 2025 |
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80 | 80 | | |
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81 | 81 | | CODING: Words stricken are deletions; words underlined are additions. |
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82 | 82 | | hb769-00 |
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83 | 83 | | Page 3 of 3 |
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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 |
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88 | 88 | | confidential, such as protected health information covered by 51 |
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89 | 89 | | the Health Insurance Portability and Accountability Act, should 52 |
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90 | 90 | | be upheld and that the licensed veterinary technician's exempt 53 |
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91 | 91 | | or confidential information should not be disclosed to the 54 |
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92 | 92 | | public until probable cause is found and an administrative 55 |
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93 | 93 | | complaint is issued. The licensed veterinar y technician's exempt 56 |
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94 | 94 | | or confidential information, if publicly available, could be 57 |
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95 | 95 | | used to invade his or her personal privacy. Making such 58 |
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96 | 96 | | information confidential and exempt from disclosure will protect 59 |
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97 | 97 | | information of a sensitive personal nature, the rele ase of which 60 |
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98 | 98 | | could cause unwarranted damage to the privacy rights of the 61 |
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99 | 99 | | licensed veterinary technician. The Legislature therefore finds 62 |
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100 | 100 | | that it is a public necessity that such information be made 63 |
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101 | 101 | | confidential and exempt until probable cause is found and a n 64 |
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102 | 102 | | administrative complaint is issued. 65 |
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103 | 103 | | Section 3. This act shall take effect on the same date 66 |
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104 | 104 | | that HB 767 or similar legislation takes effect , if such 67 |
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105 | 105 | | legislation is adopted in the same legislative session or an 68 |
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106 | 106 | | extension thereof and becomes a law. 69 |
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