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Florida Statutes § 456.057
Link to the law
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Current as of June 2015
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“Ownership and control of patient records and report or copies of records to be furnished under the regulation of processions and occupations law”
Any health care professional must timely furnish copies of all medical records upon request of the patient or the patient’s legal representative. A patient’s medical information is confidential and must not be furnished to third parties except by the patient’s written authorization or otherwise permitted by law. An authorization is not necessary for disclosure under the following circumstances: to any person or entity that provided medical care to the patient; when a medical examination is required in a legal proceeding; pursuant to a court order; for research; or to a regional poison control center. Patient information cannot be used for solicitation or marketing the sale of goods or services without a patient’s consent.
The Department of Health may obtain patient records pursuant to a subpoena without written authorization from the patient if the department finds reasonable cause to believe that a health care practitioner has excessively or inappropriately prescribed any controlled substance. All patient records obtained by the Department of Health are confidential and must not be disclosed to the public.
All health care practitioners and facilities must develop and implement policies and procedures to protect the confidentiality and security of the medical record. Health care practitioners and facilities are responsible for maintaining a record of all disclosures of information contained in the medical record to a third party, including the purpose of the disclosure request. The record of disclosure may be maintained in the medical record. The third party to whom information is disclosed is prohibited from further disclosure without the expressed written consent of the patient or the patient’s legal representative.
A health care practitioner or facility furnishing copies of reports or records or making the reports or records available for digital scanning must not charge no more than the actual cost of copying, including reasonable staff time, or the amount specified by the appropriate licensing board or department.
Related laws:
Florida Rules of Civil Procedure Rule 1.360
Current as of June 2015
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