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Privacy and Confidentiality in Florida

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.

 

Footnotes

  • 1. Florida Constitution Art. 1 § 23
  • 2. Florida Statutes §§ 119.0712; 381.0031; 456.046
  • 3. Florida Statutes § 90.503
  • 4. Florida Statutes § 456.059
  • 5. Florida Statutes § 490.0147
  • 6. Florida Statutes § 491.0147
  • 7. Florida Statutes §§ 381.004; 456.061
  • 8. Florida Statutes §§ 381.74; 381.775
  • 9. Florida Statutes §§ 381.853; 381.8531
  • 10. Florida Statutes §§ 383.04; 383.06; 383.07; 383.14
  • 11. Florida Statutes § 383.32
  • 12. Florida Statutes § 394.4615
  • 13. Florida Statutes § 395.3025
  • 14. Florida Statutes § 400.022
  • 15. Florida Statutes § 397.501
  • 16. Florida Statutes § 400.494
  • 17. Florida Statutes § 400.611
  • 18. Florida Statutes § 400.945
  • 19. Florida Statutes § 401.30
  • 20. Florida Administrative Code § 59A-7.028
  • 21. Florida Statutes §§ 624.23; 626.9651; 627.429; 627.4195; 627.4301; 636.064; 636.0201; 641.27; 641.54; 641.59; 641.438; 641.3007; 760.40
  • 22. Florida Statutes §§ 384.25; 384.29; 384.30; 384.34
  • 23. Florida Statutes §§ 392.53; 392.65
  • 24. Florida Statutes §§ 410.037; 410.605
  • 25. Florida Statutes § 430.105
  • 26. Florida Administrative Code § 59E-7.029
  • 27. Florida Statutes § 395.3025
  • 28. Florida Statutes § 400.145
  • 29. Florida Statutes § 456.057
  • 30. Florida Statutes § 385.202
  • 31. Florida Statutes § 405.01
  • 32. Florida Statutes § 483.181
  • 33. Florida Statutes § 381.0022
  • 34. Florida Statutes § 400.023
  • 35. Florida Statutes § 465.016
  • 36. Florida Statutes § 490.009
  • 37. Florida Statutes § 491.009
  • 38. Florida Administrative Code § 64B32-5.003

 

Privacy and Confidentiality in Florida

Subtopic Statute/Regulation Description
Privacy and Confidentiality Clinical records; confidentiality - Fla. Stat. Ann. § 394.4615 Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in...
F.S.A. § 381.026 Florida Patient’s Bill of Rights and Responsibilities This law was passed to promote a general understanding of patients’ rights 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. § 408.061 Data collection; uniform systems of financial reporting; information relating to physician charges; confidential information; immunity The Agency...
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...
FL ST § 395.003 Licensure; Denial, Suspension, and Revocation Florida hospitals must maintain a license in order to legally operate. The Agency for Health Care...
FL ST § 395.3025 Patient and Personnel Records; Copies; Examination Patient records maintained by licensed Florida facilities, including hospitals, are confidential...
FL ST § 408.815 License or Application Denial; Revocation The Agency for Health Care Administration may suspend or revoke the license of a health care facility that...
FL ST § 456.072 Grounds for Discipline; Penalties; Enforcement Health professionals, including physicians, face discipline for violating statutes and regulations...
FL ST § 458.331 Grounds for Disciplinary Action; Action by the Board and Department Licensed physicians that violate Chapter 458 (regarding medical practice),...
Fla. Stat. Ann. § 397.501 Rights of individuals All substance abuse treatment records are confidential and may only be disclosed according to the statute, which is a part of a...
Florida Administrative Code § 59A-7.028 “Patient test management under the Agency for Health Care Administration regulations”  (5) Laboratory test results must be sent...
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 § 59E-7.029 “Public records under the Agency for Health Care Administration regulations” Records maintained by the Agency for Health Care...
Florida Administrative Code § 64B19-19.006 “Confidentiality under the Department of Health regulations” Psychologists must maintain the confidentiality of patient information and...
Florida Administrative Code § 64B32-5.003 “Unprofessional conduct; acceptable standards definition under the Department of Health regulations” A respiratory therapist is guilty of...
Florida Administrative Code § 69J-128.017 “When authorization required for disclosure of nonpublic personal health information under the Department of Financial Services regulations...
Florida Administrative Code § 69J-128.018 “Authorizations under the Department of Financial Services regulations” A valid authorization used by an insurer must be in written or...
Florida Administrative Code § 69J-128.023 “Nondiscrimination under the Department of Financial Services regulations” An insurer may not unfairly discriminate against an enrollee...
Florida Constitution Art. 1 § 23 “Right to privacy” Every Floridian has a right to be let alone and free from governmental intrusion into the person’s private life...
Florida Statutes § 119.0712 “Executive branch agency-specific exemptions from inspection or copying of public records under the public officers, employees, and records law...
Florida Statutes § 381.0022 “Sharing confidential or exempt information under the public health law” The Department of Health and the Department of Children and...
Florida Statutes § 381.0031 “Report of disease of public health significance to Department of Health under the public health law” The Department of Health may...
Florida Statutes § 381.004 “HIV testing under the public health law” (3)(e) The identity of any person who takes a HIV test and the test results are confidential...
Florida Statutes § 381.74 Establishment and maintenance of a central registry under the Charlie Mack Overstreet Brain or Spinal Cord Injuries Act  The Department of...
Florida Statutes § 381.775 “Applicant and recipient records; confidential and privileged under the Charlie Mack Overstreet Brain or Spinal Cord Injuries Act” ...
Florida Statutes § 381.853 “Florida Center for Brain Tumor Research under the public health law” The Florida Legislature intends to establish a coordinated effort...
Florida Statutes § 381.8531 “Florida Center for Brain Tumor Research; public records exemption under the public health law” Personal identifying information...
Florida Statutes § 383.04 “Prophylactic required for eyes of infants under the public health law” Every physician, midwife, or other person in attendance at the...
Florida Statutes § 383.06 “Report of inflammation or discharge in infant’s eyes under the public health law” Any person who attends any infant must report...
Florida Statutes § 383.07 “Penalty for violation under the public health law” Any person who fails to instill a prophylactic into the eyes of a baby to prevent...
Florida Statutes § 383.14 “Screening for metabolic disorders, other hereditary and congenital disorders, and environmental risk factors under the public health law...
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 § 384.25 “Reporting of test results for sexually transmissible diseases required under the Control of Sexually Transmissible Disease Act” Every...
Florida Statutes § 384.29 “Confidentiality of health information related to sexually transmitted diseases under the Control of Sexually Transmissible Disease Act”...
Florida Statutes § 384.30 “Treatment of minors for sexually transmitted diseases under the Control of Sexually Transmissible Disease Act” The consultation,...
Florida Statutes § 384.34 “Penalties under the Control of Sexually Transmissible Disease Act” Any person who improperly discloses an individual’s medical...
Florida Statutes § 385.202 “Statewide cancer registry under the Chronic Diseases Act” Each health care facility and radiation therapy center must report to the...
Florida Statutes § 392.53 “Reporting required under the Tuberculosis Control Act” Each person who makes a diagnosis of tuberculosis or who treats a person with...
Florida Statutes § 392.65 “Confidentiality under the Tuberculosis Control Act” Information and records held by the Department of Health relating to cases of...
Florida Statutes § 394.4615 “Clinical records; confidentiality under the Florida Mental Health Act” Mental health records and information are confidential and may...
Florida Statutes § 395.3025 “Examination of patient and personnel records” Upon discharge of a patient and written request, a hospital must timely furnish a copy of...
Florida Statutes § 397.501 “Rights of individuals seeking substance abuse services under the public health law” Individuals receiving substance abuse treatment from...
Florida Statutes § 400.022 “Nursing home residents’ rights under the public health law” Nursing home residents have the following rights and responsibilities...
Florida Statutes § 400.023 “Civil enforcement of the law on nursing homes under the public health law”  (1) Any resident whose rights were violated may...
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 § 400.494 “Information about patients confidential under the public health law” Medical records maintained by home health agencies are confidential...
Florida Statutes § 400.611 “Interdisciplinary records of care; confidentiality under the public health law” Hospice agencies must keep up-to-date, interdisciplinary...
Florida Statutes § 400.945 “Public records exemption under the public health” Medical and personal identifying information about patients of a home medical...
Florida Statutes § 401.30 “Records under the Raymond H. Alexander, M.D., Emergency Medical Transportation Services Act” Emergency medical service organizations...
Florida Statutes § 405.01 “Release of medical information to certain study groups; exemption from liability under the public health law” A health care professional...
Florida Statutes § 405.03 “Confidentiality under the public health law” Patient-identifying information provided to research groups, governmental health agencies,...
Florida Statutes § 410.037 “Confidentiality of information under the social welfare law” The Department of Children and Family Services must maintain the...
Florida Statutes § 410.605 “Confidentiality of information under the social welfare law” The Department of Children and Family Services must maintain the...
Florida Statutes § 430.105 “Confidentiality of information under the Department of Elderly Affairs Act” Personal identifying health information held by the...
Florida Statutes § 456.046 “Practitioner profiles; confidentiality under the regulation of professions and occupations law” Any patient identifying information that...
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 § 456.059 “Confidential communications and exceptions under the regulation and professions and occupations law” Communications between a patient...
Florida Statutes § 456.061 “Practitioner disclosure of confidential information and immunity from civil or criminal liability under the regulation of professions and...
Florida Statutes § 465.016 “Disciplinary action; action by the board under the Florida Pharmacy Act”  Pharmacists may be denied a license or face disciplinary...
Florida Statutes § 483.181 “Acceptance, collection, identification, and examination of specimens under the regulation of professions and occupations law” Laboratory...
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 § 490.0147 “Confidentiality and privileged communications of psychological services under the regulation of professions and occupations law” Any...
Florida Statutes § 491.0111 “Sexual misconduct under the regulation of professions and occupations law” A clinical social worker, marriage and family therapist,...
Florida Statutes § 491.0147 “Confidentiality and privileged communications under the regulation of professions and occupations law” Communications between a licensed...
Florida Statutes § 624.23 “Public records exemption under the insurance law” Personal financial and health information about health insurance enrollees held by the...
Florida Statutes § 626.9651 “Privacy under the insurance law” The Office of Insurance Regulation must adopt rules requiring health insurers and health maintenance...
Florida Statutes § 627.4195 “Health insurance, claims for payment of psychotherapeutic services, and confidentiality under the insurance law” An insurer must...
Florida Statutes § 627.429 “Medical tests for HIV infection and AIDS for insurance purposes under the insurance law”  (4)(f) Insurers must maintain strict...
Florida Statutes § 627.4301 “Genetic information for insurance purposes under the insurance law” Genetic information may not be used by a health insurer to cancel,...
Florida Statutes § 636.0201 “Genetic information restrictions under the Prepaid Limited Health Service Organization Act of Florida” A prepaid limited health service...
Florida Statutes § 636.064 “Confidentiality under the Prepaid Limited Health Service Organization Act of Florida” Any information pertaining to the diagnosis,...
Florida Statutes § 641.27 “Examination of prepaid health clinic by the office of insurance under the Health Maintenance Organization Act” The Office of Insurance...
Florida Statutes § 641.3007 “HIV infection and AIDS for contract purposes under the Health Maintenance Organization Act” A health maintenance organization may not...
Florida Statutes § 641.438 “Genetic information restrictions under the Prepaid Health Clinic Act” A prepaid health clinic must comply with FL Stat. §627.4301,...
Florida Statutes § 641.54 “Information disclosure under the insurance law” Each health maintenance organization must provide the Office of Insurance Regulation and...
Florida Statutes § 641.59 “Psychotherapeutic services; records and reports under the insurance law” A health maintenance organization or prepaid health clinic must...
Florida Statutes § 760.40 “Genetic testing, informed consent, confidentiality, penalties, notice of use of results under the civil rights law” Genetic tests may...
Florida Statutes § 90.503 “Psychotherapist-patient privilege” Communications between a psychotherapist and patient is confidential and privileged. The term “...