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Florida Statutes § 394.4615

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“Clinical records; confidentiality under the Florida Mental Health Act”

Mental health records and information are confidential and may not be disclosed to the public unless:

  • The right to confidentiality is waived by the patient or the patient’s guardian, personal representative, or family member;
  • When the patient or the patient’s guardian or counsel authorizes the release;
  • The court orders such release;
  • The patient is a ward of the state or committed to the department of corrections; 
  • A patient has declared an intention to harm other persons;
  • For research purposes;
  • To obtain services to treat the patient; or
  • For quality review purposes of health care facilities.

The parent or next of kin of a person who is held in or treated under a mental health facility or program may request and receive information of that person’s treatment plan and current physical and mental condition.

Patients must have reasonable access to their clinical records, unless such access is determined by the patient’s physician to be harmful to the patient. If the patient’s right to inspect his or her clinical record is restricted by the facility, written notice of such restriction must be given to the patient or the patient’s guardian, advocate, attorney and representative. The restriction must be recorded in the clinical record and the reasons for it.

Related laws:

Florida Statutes § 119.07

Florida Statutes § 394.4655

Florida Statutes § 400.494

Florida Statutes § 775.082

Florida Statutes § 775.083

Current as of June 2015