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Medical Records Collection, Retention, and Access in Florida

Health care providers and facilities must maintain patient records.1 A person is prohibited from fraudulently altering, defacing, or falsifying a medical record.2 Patients have the right to have reasonable access to their medical records, but health care providers may charge a reasonable fee for copies of medical records.3

Multiphasic health testing centers4 and optometrists5 must maintain records for 2 years.

When a health care provider dies or terminates his practice, the medical records must be retained for 2 years and patients must be notified on how to retrieve their records in a newspaper.6

Psychologists must maintain records for each patient and retain them for 3 years.7

Speech-language pathologists8 and dentists9 must maintain patient records for 4 years.

Each hospital,10 physician,11 nursing home,12 midwife,13 Medicaid participating provider,14 and home medical equipment provider15 must maintain records for a period of 5 years.

Home health agencies must retain medical records for 6 years.16

A licensed clinical social worker, marriage and family therapist, or mental health counselor must maintain client records for 7 years.17

 

Footnotes

  • 1. Florida Statutes §§ 383.32; 383.312; 393.13
  • 2. Florida Statutes §§ 395.302; 400.102; 400.1415
  • 3. Florida Statutes §§ 394.4615; 395.3015; 395.3025; 397.427; 400.141; 400.145; 400.474; 400.914; 400.9935; 401.30; 456.44; 456.057; 458.331; 459.015; 459.0122; 460.413; 461.013; 463.016; 468.365; 490.009; 490.048; 491.009; 491.0148; 893.07
  • 4. Florida Administrative Code § 59A-6.026
  • 5. Florida Statutes § 463.012
  • 6. Florida Statutes § 456.058
  • 7. Florida Administrative Code § 64B19-19.003
  • 8. Florida Administrative Code § 64B20-9.006
  • 9. Florida Statutes § 466.018
  • 10. Florida Statutes § 395.1041
  • 11. Florida Administrative Code § 64B8-10.002
  • 12. Florida Statutes § 400.611
  • 13. Florida Statutes § 467.019
  • 14. Florida Statutes §§ 409.907; 409.913
  • 15. Florida Statutes § 400.94
  • 16. Florida Statutes § 400.491
  • 17. Florida Administrative Code § 64B4-9.001

 

Medical Records Collection, Retention, and Access in Florida

Subtopic Statute/Regulation Description
Medical Records Collection, Retention, and Access F.S.A. § 395.301 Itemized patient bill; form and content prescribed by agency A licensed facility not operated by the state must inform patient at admission and...
F.S.A. § 395.3025   Patient and personnel records; copies; examination A licensed health care facility must provide a discharged patient access to his or her...
F.S.A. § 456.057 Ownership and control of patient records; report or copies of records to be furnished  This section refers to “record owners” as any...
Fla. Admin. Code r. 64B15-15.003 Patient records; Costs of Reproduction; Timely Release Any osteopathic physician who treats a patient must provide a copy of the medical record to...
Florida Administrative Code § 59A-11.005 “Requirements for licensure under the Agency for Health Care Administration regulations” Birthing centers must maintain clinical records...
Florida Administrative Code § 59A-13.014 “Medical record under the Agency for Health Care Administration regulations” Prescribed pediatric extended care centers must maintain a...
Florida Administrative Code § 59A-3.270 “Health information management under the Agency for Health Care Administration regulations”   Every hospital must maintain...
Florida Administrative Code § 59A-4.106 “Facility policies under the Agency for Health Care Administration regulations”   Nursing homes must provide each resident, at...
Florida Administrative Code § 59A-4.118 “Medical records under the Agency for Health Care Administration regulations”   Nursing homes must retain medical records for 5...
Florida Administrative Code § 59A-5.012 “Medical records under the Agency for Health Care Administration regulations”   Each ambulatory surgical center must maintain...
Florida Administrative Code § 59A-6.026 “Records and reports under the Agency for Health Care Administration regulations”   Multiphasic health testing centers must...
Florida Administrative Code § 59A-8.022 “Clinical records under the Agency for Health Care Administration regulations”   Home health agencies must maintain clinical...
Florida Administrative Code § 64B14-7.002 “Patient records under the Department of Health regulations” Orthotists and prosthetists must maintain patient records which must include...
Florida Administrative Code § 64B18-14.002 “Disciplinary guidelines under the Department of Health regulations” The Board of Podiatric Medicine may discipline and fine podiatrists...
Florida Administrative Code § 64B18-15.001 “Medical records of podiatric physician who dies, terminates practice or relocates; retention; time limitations; definition under the...
Florida Administrative Code § 64B18-15.002 “Costs of reproducing medical records under the Department of Health regulations” A podiatrist may charge a reasonable fee for the...
Florida Administrative Code § 64B19-19.0025 “Standards for records under the Department of Health regulations” Psychologists’ records must meet the following minimum...
Florida Administrative Code § 64B19-19.003 “Maintenance and retention of records under the Department of Health regulations” Psychologists must maintain records for each patient...
Florida Administrative Code § 64B19-19.004 “Disposition of records upon termination or relocation of psychological practice under the Department of Health regulations” When a...
Florida Administrative Code § 64B19-19.005 “Releasing psychological records under the Department of Health regulations” A psychologist who agrees to provide copies of psychological...
Florida Administrative Code § 64B2-16.003 “Guidelines for the disposition of disciplinary cases under the Department of Health regulations” The Board of Chiropractic may impose...
Florida Administrative Code § 64B2-17.0055 “Release of medical records; reasonable costs of reproduction under the Department of Health regulations” Chiropractors must release of...
Florida Administrative Code § 64B2-17.0065 “Minimal recordkeeping requirements under the Department of Health regulations” Chiropractic physicians and chiropractic assistants must...
Florida Administrative Code § 64B20-9.006 “Recordkeeping and retention under the Department of Health regulations” Speech-language pathologists must maintain patient records for 4...
Florida Administrative Code § 64B27-2.001 “Disciplinary guidelines under the Department of Health regulations”   The Department of Health must impose disciplinary...
Florida Administrative Code § 64B4-9.001 “Requirements for client records under the Department of Health regulations” A licensed clinical social worker, marriage and family...
Florida Administrative Code § 64B5-13.005 “Disciplinary guidelines under the Department of Health regulations” The Board of Dentistry may fine or suspend, deny, place on probation...
Florida Administrative Code § 64B8-10.001 “Medical records of deceased physician; retention, time limitations under the Department of Health regulations” The executor,...
Florida Administrative Code § 64B8-10.002 “Medical records of physicians relocating or terminating practice; retention, disposition, time limitations under the Department of Health...
Florida Administrative Code § 64B8-10.003 “Costs of reproducing medical records under the Department of Health regulations” A physician must provide patients with a copy of their...
Florida Administrative Code § 64B8-30.015 “Disciplinary guidelines under the Department of Health regulations” The Board of Medicine may discipline and fine a physician assistant...
Florida Administrative Code § 64B8-8.001 “Disciplinary guidelines under the Department of Health regulations” The Board of Medicine may fine or suspend, deny, place on probation...
Florida Administrative Code § 64B8-9.003 “Standards for adequacy of medical records under the Department of Health regulations” Physicians must maintain medical records for each...
Florida Administrative Code § 64B9-11.001 “Medical records of deceased nurse under the Department of Health regulations” Each registered nurse, certified nurse specialist, or...
Florida Administrative Code § 65E-4.014 “Standards for client records; treatment and quality assurance under the Department of Children and Family Services regulations” ...
Florida Administrative Code § 65E-4.016 “Mental health residential treatment facilities under the Department of Department of Children and Family Services regulations” Mental...
Florida Statutes § 383.312 “Prenatal care of birth center clients under the public health law” Birth centers must maintain records of prenatal care for each client...
Florida Statutes § 383.32 “Clinical records under the public health law” A birth center’s clinical records must contain the following information: patient...
Florida Statutes § 393.13 “Treatment of persons with developmental disabilities under the public health law” Individuals with developmental disabilities have a...
Florida Statutes § 394.4615 “Clinical records; confidentiality under the Florida Mental Health Act” Mental health records and information are confidential and may...
Florida Statutes § 395.1041 “Access to emergency services and care under the public health law”  (3)(f) The delivery of emergency services may not be based on a...
Florida Statutes § 395.3015 “Patient records; form and content under the public health law” Each hospital operated by the Agency for Health Care Administration or by...
Florida Statutes § 395.302 “Patient records; penalties for alterations under the public health law” Any person who fraudulently alters, defaces, or falsifies any...
Florida Statutes § 395.3025 “Examination of patient and personnel records” Upon discharge of a patient and written request, a hospital must timely furnish a copy of...
Florida Statutes § 397.427 “Medication-assisted treatment services providers; rehabilitation program; needs assessment and provision of services; persons authorized to...
Florida Statutes § 400.102 “Action by agency against licensee; grounds under the public health law” Nursing homes are prohibited from: Intentionally or...
Florida Statutes § 400.141 “Administration and management of nursing home facilities under the public health law” Nursing homes must keep records of resident...
Florida Statutes § 400.1415 “Patient records; penalties for alteration under the public health law” Any person who fraudulently alters or falsifies a nursing home...
Florida Statutes § 400.145 “Nursing home records of care and treatment of resident under the public health law” Unless expressly prohibited by a legally competent...
Florida Statutes § 400.474 “Administrative penalties under the public health law” A home health agency may face disciplinary sanctions for the following acts:...
Florida Statutes § 400.491 “Clinical records under the public health law” A home health agency must maintain clinical records for each patient and maintain them for...
Florida Statutes § 400.611 “Interdisciplinary records of care; confidentiality under the public health law” Hospice agencies must keep up-to-date, interdisciplinary...
Florida Statutes § 400.914 “Rules establishing standards under the public health law” Prescribed pediatric extended care centers must maintain medical records and...
Florida Statutes § 400.94 “Patient records under the public health law” A home medical equipment provider must maintain a record for each patient and retain the...
Florida Statutes § 400.9935 “Clinic responsibilities under the Health Care Clinic Act” Each health care clinic must appoint a medical director who is responsible for...
Florida Statutes § 401.30 “Records under the Raymond H. Alexander, M.D., Emergency Medical Transportation Services Act” Emergency medical service organizations...
Florida Statutes § 409.907 “Medicaid provider agreements under the social welfare law” Health care providers participating in the Medicaid program must comply with...
Florida Statutes § 409.913 “Oversight of the integrity of the Medicaid program under the social welfare law” The Agency for Health Care Administration must oversee...
Florida Statutes § 456.057 “Ownership and control of patient records and report or copies of records to be furnished under the regulation of processions and occupations...
Florida Statutes § 456.058 “Disposition of records of deceased practitioners relocating or terminating under the regulation of processions and occupations law”...
Florida Statutes § 456.44 “Controlled substance prescribing under the regulation of processions and occupations law” An addiction medicine specialist, pain...
Florida Statutes § 458.331 “Grounds for disciplinary actions; action by the board and department under the regulation of professions and occupations law” The Board...
Florida Statutes § 459.0122 “Patient records; termination of osteopathic physician’s practice under the regulation of professions and occupations law” The...
Florida Statutes § 459.015 “Grounds for disciplinary action; action by the board and department under the regulation of professions and occupations law” The Board...
Florida Statutes § 460.413 “Grounds for disciplinary action; action by board or department under the regulation of professions and occupations law” Chiropractors...
Florida Statutes § 461.013 “Grounds for disciplinary action; action by the board; investigations by department under the regulation of professions and occupations law...
Florida Statutes § 463.012 “Prescriptions; filing; release; duplications under the Optometry Practice Act” A licensed optometrist must retain any prescription she...
Florida Statutes § 463.016 “Grounds for disciplinary action; action by the board under the Optometry Practice Act”  Optometrists may be denied a license or...
Florida Statutes § 466.018 “Dentist of record; patient records under the regulation of professions and occupations law” Every dentist must maintain written dental...
Florida Statutes § 467.019 “Records and reports under the regulation of professions and occupations law” A midwife must keep a record of each patient and retain the...
Florida Statutes § 468.365 “Disciplinary grounds and actions under the regulation of professions and occupations law” Respiratory therapists may be denied a license...
Florida Statutes § 490.009 “Discipline under the regulation of professions and occupations law” The Board Psychology may deny a license or impose disciplinary...
Florida Statutes § 490.0148 “Psychologist and school records under the regulation of professions and occupations law” Each psychologist and school psychologist must...
Florida Statutes § 491.009 “Discipline under the regulation of professions and occupations law” The Board of Clinical Social Work may deny a license or impose...
Florida Statutes § 491.0148 “Records under the regulation of professions and occupations law” Each psychotherapist must maintain patient records.  
Florida Statutes § 893.07 “Records under the crimes law” Every person or entity who manufactures, compounds, grows, or dispenses controlled substances must...
Patient medical records under the general records schedule for public hospitals and health care providers - GENERAL RECORDS SCHEDULE - GS4 PUBLIC HEALTH CARE FACILITIES AND PROVIDERS Public hospitals must retain patient medical records for seven years after the last entry. The record must contain: ·    ...
Other FLA. STAT. ANN. § 456.057 - Ownership and control of patient records; report or copies of records to be furnished; disclosure of information The term “records owner” means any health care practitioner or a health care practitioner’s employer.