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