CRC - 2017 P 99 By Commissioner Cerio ceriot-00105-17 201799__ 1 A proposal to amend 2 Section 25 of Article X of the State Constitution to 3 specify that the patients’ right to know about adverse 4 medical incidents does not abrogate attorney-client 5 communications or work product privileges for 6 patients, health care providers, and health care 7 facilities and to revise the definition of the term 8 “adverse medical incident.” 9 10 Be It Proposed by the Constitution Revision Commission of 11 Florida: 12 13 Section 25 of Article X of the State Constitution is 14 amended to read: 15 ARTICLE X 16 MISCELLANEOUS 17 SECTION 25. Patients’ right to know about adverse medical 18 incidents.— 19 (a) In addition to any other similar rights provided herein 20 or by general law, patients have a right to have access to any 21 records made or received in the course of business by a health 22 care facility or provider relating to any adverse medical 23 incident. 24 (b) In providing such access, the identity of patients 25 involved in the incidents shall not be disclosed, and any 26 privacy restrictions imposed by federal law shall be maintained. 27 (c) For purposes of this section, the following terms have 28 the following meanings: 29 (1) The phrases “health care facility” and “health care 30 provider” have the meaning given in general law related to a 31 patient’s rights and responsibilities. 32 (2) The term “patient” means an individual who has sought, 33 is seeking, is undergoing, or has undergone care or treatment in 34 a health care facility or by a health care provider. 35 (3) The phrase “adverse medical incident” means medical 36 negligence, intentional misconduct, and any other act, neglect, 37 or default of a health care facility or health care provider 38 that caused or could have caused injury to or death of a 39 patient, including, but not limited to, those incidents that are 40 required by state or federal law to be reported to any 41 governmental agency or body, and incidents that are reported to 42 or reviewed by any health care facility peer review, risk 43 management, quality assurance, credentials, or similar 44 committee, or any representative of any such committees, unless 45 otherwise protected by federal laws or regulations relating to 46 patient safety quality improvement. 47 (4) The phrase “have access to any records” means, in 48 addition to any other procedure for producing such records 49 provided by general law, making the records available for 50 inspection and copying upon formal or informal request by the 51 patient or a representative of the patient, provided that 52 current records which have been made publicly available by 53 publication or on the Internet may be “provided” by reference to 54 the location at which the records are publicly available. 55 (d) This section does not abrogate attorney-client 56 communications or work product privileges for patients, health 57 care providers, or health care facilities.