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Clinical records; confidentiality - Fla. Stat. Ann. § 394.4615

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Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in accordance with the statute.
Disclosure With Consent:
A patient, or the patient’s guardian, may consent to the release of information relating to their mental health treatment. Information may be released to the patient’s attorney if the information is needed for the attorney to represent the patient.
Disclosure Without Consent:
Mental health information may be disclosed without a patient’s consent under the following circumstances:
·      If the patient expresses an intent to harm another individual; in this instance, an administrator may disclose the information necessary to warn the potential victim
·      For treatment purposes to an aftercare provider
·      For research and program evaluation purposes, provided that patient-identifying information is protected
·      To certain governmental agencies to monitor the facility and any complaints against it
·      Information relating to Medicaid patients shall be available to individuals authorized to investigate Medicaid fraud
·      To the Department of Corrections is the patient is committed in a Corrections facility, or is to be returned to such a facility
·      To a family member requesting information regarding the patient’s treatment plan, and physical and mental condition; disclosure of this information is governed by the ethics of the profession
Disclosure Pursuant to Court Order:
Mental health information may be disclosed pursuant to a court order; the court conducts a balancing test, weighing the need for disclosure against the potential harm to the patient.
Any provider that in good faith releases information under this statute will not be subject to criminal or civil liability.

Current as of June 2015