Florida 2025 Regular Session

Florida House Bill H0769 Compare Versions

Only one version of the bill is available at this time.
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1010 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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1414 A bill to be entitled 1
1515 An act relating to public records; amending s. 2
1616 474.2185, F.S.; providing an exemption from public 3
1717 records requirements for records relating to licensed 4
1818 veterinary technicians until specified criteria are 5
1919 met; providing a statement of public necessity; 6
2020 providing a contingent effective date. 7
2121 8
2222 Be It Enacted by the Legislature of the State of Florida: 9
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2424 Section 1. Section 474.2185, Florida Statutes, is amended 11
2525 to read: 12
2626 474.2185 Consent Veterinarians consent ; handwriting 13
2727 samples; mental or physical examinations. —A veterinarian or 14
2828 veterinary technician who accepts a license to practice 15
2929 veterinary medicine or veterinary technology, as applicable, in 16
3030 this state shall, by so accepting the license or by making and 17
3131 filing a renewal of licensure to practice in this state, be 18
3232 deemed to have given her or his consent, during a lawful 19
3333 investigation of a complaint or of an application for licensure 20
3434 and when the information has been deemed necessary and relevant 21
3535 to the investigation as determined by the secretary of the 22
3636 department, to the following: 23
3737 (1) To render a handwriting sample to an agent of the 24
3838 department and, further, to have waived any objections to its 25
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4747 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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5151 use as evidence against her or him. 26
5252 (2) To waive the confidentiality and authorize the 27
5353 preparation and release of medical reports pertaining to the 28
5454 mental or physical condition of the licensee when the department 29
5555 has reason to believe that a violation of this chapter has 30
5656 occurred and when the department issues an order, based on the 31
5757 need for additional information, to produce such medical reports 32
5858 for the time period relevant to the complaint. As used in this 33
5959 section, "medical reports" means a compilation o f medical 34
6060 treatment of the licensee which shall include symptoms, 35
6161 diagnosis, treatment prescribed, relevant history, and progress. 36
6262 (3) To waive any objection to the admissibility of the 37
6363 reports as constituting privileged communications. Such material 38
6464 maintained by the department is confidential and exempt from s. 39
6565 119.07(1) until probable cause is found and an administrative 40
6666 complaint is issued. 41
6767 Section 2. The Legislature finds that it is a public 42
6868 necessity that that medical reports pertaining to the m ental or 43
6969 physical condition of a licensed veterinary technician obtained 44
7070 by the department as part of the complaint and investigation 45
7171 process be made confidential and exempt from s. 119.07(1), 46
7272 Florida Statutes, and s. 24(a), Article I of the State 47
7373 Constitution. The Legislature finds that the rights of a 48
7474 licensed veterinary technician afforded under other state or 49
7575 federal laws that deem certain personal information 50
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8484 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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8888 confidential, such as protected health information covered by 51
8989 the Health Insurance Portability and Accountability Act, should 52
9090 be upheld and that the licensed veterinary technician's exempt 53
9191 or confidential information should not be disclosed to the 54
9292 public until probable cause is found and an administrative 55
9393 complaint is issued. The licensed veterinar y technician's exempt 56
9494 or confidential information, if publicly available, could be 57
9595 used to invade his or her personal privacy. Making such 58
9696 information confidential and exempt from disclosure will protect 59
9797 information of a sensitive personal nature, the rele ase of which 60
9898 could cause unwarranted damage to the privacy rights of the 61
9999 licensed veterinary technician. The Legislature therefore finds 62
100100 that it is a public necessity that such information be made 63
101101 confidential and exempt until probable cause is found and a n 64
102102 administrative complaint is issued. 65
103103 Section 3. This act shall take effect on the same date 66
104104 that HB 767 or similar legislation takes effect , if such 67
105105 legislation is adopted in the same legislative session or an 68
106106 extension thereof and becomes a law. 69