Florida’s constitution provides its citizens with the right to privacy.1The following information must be kept confidential:

• All personal identifying information contained in health records held by the Department of Health;2
• Communications between a psychotherapist and patient,3 psychiatrist and patient,4 psychologist and patient,5 and mental health professional and patient6
• The identity of any person who takes a HIV test and the test results;7
• Records and information maintained by the Department of Health’s brain and spinal cord injury program;8
• Florida’s brain tumor registry;9
• The Office of Vital Statistic’s registry on newborn screening results;10
• Medical records maintained by birth centers,11 mental health providers,12 hospitals,13 nursing homes,14 substance use treatment providers,15 home health agencies;16 hospice agencies;17 home medical equipment providers,18 emergency medical transportation organizations,19 and laboratories20
• Personal financial and health information held by health insurers;21
• All information and records held by the Department of Health relating to known or suspected cases of sexually transmissible diseases;22
• All information and records held by the Department of Health relating to cases of tuberculosis23
• All medical information and records held by the Department of Children and Family Services regarding disabled adults24
• All medical information and records held by the Department of Elderly Affairs25
• All medical information and records held by the Agency for Health Care Administration26

Patient records and information may be released in the following situations:

• A patient or the patient’s representative has a right to access his or her records from a hospital,27 nursing home,28 and health care provider.29
• Each health care facility and radiation therapy center must report to the Department of Health any diagnosis or treatment of cancer.30
• A health care provider, hospital, assisted living facility, hospice, sanatorium, nursing or rest home or other organization may disclose information and reports for research purposes.31
• Laboratory test results must be reported directly to the licensed practitioner or other authorized person who requested it.32
• The Department of Health and the Department of Children and Family Services may share confidential information on any individual who is subject of an agency program.33 The Department of Health may also share confidential information on any Medicaid recipient for the purpose of requesting, receiving, or auditing payment for services.

A nursing home resident whose rights were violated may commence a lawsuit against a nursing home ore related facility.34

Pharmacists,35 psychologists36 clinical social workers,37 respiratory therapists38 may face disciplinary sanctions for using or releasing a patient’s records in a manner that violates the law.