Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for HB 1083
Ì606324ÆÎ606324
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
04/30/2025 06:59 PM .
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Senator Grall moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present subsections (3) through (12) of section
6 394.4615, Florida Statutes, are redesignated as subsections (4)
7 through (13), respectively, a new subsection (3) is added to
8 that section, and paragraphs (a), (b), and (c) of subsection (2)
9 of that section are republished, to read:
10 394.4615 Clinical records; confidentiality.—
11 (2) The clinical record shall be released when:
12 (a) The patient or the patient’s guardian or legal
13 custodian authorizes the release. The guardian, guardian
14 advocate, or legal custodian shall be provided access to the
15 appropriate clinical records of the patient. The patient or the
16 patient’s guardian, guardian advocate, or legal custodian may
17 authorize the release of information and clinical records to
18 appropriate persons to ensure the continuity of the patient’s
19 health care or mental health care. A receiving facility must
20 document that, within 24 hours of admission, individuals
21 admitted on a voluntary basis have been provided with the option
22 to authorize the release of information from their clinical
23 record to the individual’s health care surrogate or proxy,
24 attorney, representative, or other known emergency contact.
25 (b) The patient is represented by counsel and the records
26 are needed by the patient’s counsel for adequate representation.
27 (c) The court orders such release. In determining whether
28 there is good cause for disclosure, the court shall weigh the
29 need for the information to be disclosed against the possible
30 harm of disclosure to the person to whom such information
31 pertains.
32 (3) For requests made in writing and in accordance with
33 paragraphs (2)(a), (b), and (c), a service provider shall
34 furnish the requested clinical records in the provider’s
35 possession within 14 business days after receiving the request.
36 A service provider may extend the time for furnishing the
37 requested records by up to 14 business days if the provider
38 notifies the requester of the delay in writing within the first
39 14 business days after receiving the request and provides the
40 expected date when the records will be made available, which
41 must be no later than 14 business days after the original
42 deadline for providing the records. The records must be provided
43 in the form and format requested by the requester if the
44 requested records are readily producible in that form and
45 format. If the requested records are not readily producible in
46 the requested form or format, the service provider must produce
47 the records in another electronic form and format agreed to by
48 the provider and requester or in a readable hard copy format.
49 Forms of access to records may include, but are not limited to:
50 through a web-based application or patient portal, by secure
51 download, via electronic copy delivered by e-mail, on physical
52 media such as a disc or USB drive, by United States mail, or as
53 printed paper records.
54 Section 2. Subsections (1), (2), and (3), paragraph (e) of
55 subsection (4), paragraph (a) of subsection (7), and subsection
56 (8) of section 395.3025, Florida Statutes, are amended to read:
57 395.3025 Patient and personnel records; copy costs copies;
58 examination.—
59 (1) Any licensed facility shall, upon written request, and
60 only after discharge of the patient, furnish, in a timely
61 manner, without delays for legal review, to any person admitted
62 therein for care and treatment or treated thereat, or to any
63 such person’s guardian, curator, or personal representative, or
64 in the absence of one of those persons, to the next of kin of a
65 decedent or the parent of a minor, or to anyone designated by
66 such person in writing, a true and correct copy of all patient
67 records, including X rays, and insurance information concerning
68 such person, which records are in the possession of the licensed
69 facility, provided the person requesting such records agrees to
70 pay a charge. The exclusive charge for copies of patient records
71 may include sales tax and actual postage, and, except for
72 nonpaper records that are subject to a charge not to exceed $2,
73 may not exceed $1 per page. A fee of up to $1 may be charged for
74 each year of records requested. These charges shall apply to all
75 records furnished, whether directly from the facility or from a
76 copy service providing these services on behalf of the facility.
77 However, a patient whose records are copied or searched for the
78 purpose of continuing to receive medical care is not required to
79 pay a charge for copying or for the search. The licensed
80 facility shall further allow any such person to examine the
81 original records in its possession, or microforms or other
82 suitable reproductions of the records, upon such reasonable
83 terms as shall be imposed to assure that the records will not be
84 damaged, destroyed, or altered.
85 (2) This section does not apply to records maintained at
86 any licensed facility the primary function of which is to
87 provide psychiatric care to its patients, or to records of
88 treatment for any mental or emotional condition at any other
89 licensed facility which are governed by the provisions of s.
90 394.4615.
91 (3) This section does not apply to records of substance
92 abuse impaired persons, which are governed by s. 397.501.
93 (2)(4) Patient records are confidential and must not be
94 disclosed without the consent of the patient or his or her legal
95 representative, but appropriate disclosure may be made without
96 such consent to:
97 (e) The Department of Health agency upon subpoena issued
98 pursuant to s. 456.071, but the records obtained thereby must be
99 used solely for the purpose of the department agency and the
100 appropriate professional board in its investigation,
101 prosecution, and appeal of disciplinary proceedings. If the
102 department agency requests copies of the records, the facility
103 shall charge no more than its actual copying costs, including
104 reasonable staff time. The records must be sealed and must not
105 be available to the public pursuant to s. 119.07(1) or any other
106 statute providing access to records, nor may they be available
107 to the public as part of the record of investigation for and
108 prosecution in disciplinary proceedings made available to the
109 public by the department agency or the appropriate regulatory
110 board. However, the department agency must make available, upon
111 written request by a practitioner against whom probable cause
112 has been found, any such records that form the basis of the
113 determination of probable cause.
114 (5)(a)(7)(a) If the content of any record of patient
115 treatment is provided under this section, the recipient, if
116 other than the patient or the patient’s representative, may use
117 such information only for the purpose provided and may not
118 further disclose any information to any other person or entity,
119 unless expressly permitted by the written consent of the
120 patient. A general authorization for the release of medical
121 information is not sufficient for this purpose. The content of
122 such patient treatment record is confidential and exempt from
123 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
124 Constitution.
125 (6)(8) Patient records at hospitals and ambulatory surgical
126 centers are exempt from disclosure under s. 119.07(1), except as
127 provided by subsections (2) and (3) (1)-(5).
128 Section 3. Present subsections (8), (9), and (10) of
129 section 397.501, Florida Statutes, are redesignated as
130 subsections (9), (10), and (11), respectively, a new subsection
131 (8) is added to that section, and paragraph (d) of subsection
132 (7) of that section is republished, to read:
133 397.501 Rights of individuals.—Individuals receiving
134 substance abuse services from any service provider are
135 guaranteed protection of the rights specified in this section,
136 unless otherwise expressly provided, and service providers must
137 ensure the protection of such rights.
138 (7) RIGHT TO CONFIDENTIALITY OF INDIVIDUAL RECORDS.—
139 (d) Any answer to a request for a disclosure of individual
140 records which is not permissible under this section or under the
141 appropriate federal regulations must be made in a way that will
142 not affirmatively reveal that an identified individual has been,
143 or is being diagnosed or treated for substance abuse. The
144 regulations do not restrict a disclosure that an identified
145 individual is not and has never received services.
146 (8) RIGHT TO ACCESS INDIVIDUAL RECORDS.—
147 (a) For requests from an individual, or from an
148 individual’s legal representative as that term is defined in s.
149 456.057(6)(a), made in writing and in accordance with subsection
150 (7), a service provider shall furnish the requested individual
151 records in the provider’s possession within 14 business days
152 after receiving the request. A service provider may extend the
153 time for furnishing the requested records by up to 14 business
154 days if the provider notifies the requester of the delay in
155 writing within the first 14 business days after receiving the
156 request and provides the expected date when the records will be
157 made available, which must be no later than 14 business days
158 after the original deadline for providing the records. The
159 records must be provided in the form and format requested by the
160 requester if the requested records are readily producible in
161 that form and format. If the requested records are not readily
162 producible in the requested form or format, the service provider
163 must produce the records in another electronic form and format
164 agreed to by the provider and requester or in a readable hard
165 copy format. Forms of access to records may include, but are not
166 limited to: through a web-based application or patient portal,
167 by secure download, via electronic copy delivered by e-mail, on
168 physical media such as a disc or USB drive, by United States
169 mail, or as printed paper records.
170 (b) Within 10 business days after receiving such a written
171 request, a service provider shall provide access to examine the
172 original records in its possession, or microforms or other
173 suitable reproductions of the records in accordance with
174 subsection (7). The service provider may impose any reasonable
175 terms necessary to ensure that the records will not be damaged,
176 destroyed, or altered.
177 Section 4. Subsection (1) of section 400.145, Florida
178 Statutes, is amended to read:
179 400.145 Copies of records of care and treatment of
180 resident.—
181 (1) Upon receipt of a written request that complies with
182 the federal Health Insurance Portability and Accountability Act
183 of 1996 (HIPAA) and this section, a nursing home facility shall
184 furnish to a competent resident, or to a representative of that
185 resident who is authorized to make requests for the resident’s
186 records under HIPAA or subsection (2), copies of the resident’s
187 paper and electronic records that are in possession of the
188 facility. Such records must include any medical records and
189 records concerning the care and treatment of the resident
190 performed by the facility, except for progress notes and
191 consultation report sections of a psychiatric nature. The
192 facility shall provide a resident with access to the requested
193 records within 24 hours, excluding weekends and holidays, and
194 provide copies of the requested records within 2 business 14
195 working days after receipt of a request relating to a current
196 resident or within 30 business working days after receipt of a
197 request relating to a former resident.
198 Section 5. Subsection (6) of section 408.803, Florida
199 Statutes, is republished to read:
200 408.803 Definitions.—As used in this part, the term:
201 (6) “Client” means any person receiving services from a
202 provider listed in s. 408.802.
203 Section 6. Section 408.833, Florida Statutes, is created to
204 read:
205 408.833 Client access to medical records.—
206 (1) As used in this section, the term:
207 (a) “Designated record set” means a group of records
208 maintained by or for a provider which:
209 1. Includes the medical records and billing records about a
210 client maintained by or for the provider; or
211 2. Is used, in whole or in part, to make decisions
212 regarding a client’s care, coverage, or benefits.
213 (b) “Legal representative” means:
214 1. A legally recognized guardian of the client;
215 2. A court-appointed representative of the client;
216 3. A person designated by the client or by a court of
217 competent jurisdiction to receive copies of the client’s medical
218 records, care and treatment records, or interdisciplinary
219 records; or
220 4. An attorney who has been designated by a client to
221 receive copies of the client’s medical records, care and
222 treatment records, or interdisciplinary records.
223 (2)(a) Within 14 business days after receiving a written
224 request from a client or a client’s legal representative, a
225 provider shall furnish a true and correct copy of the requested
226 records within the designated record set which are in the
227 provider’s possession.
228 (b) Within 28 business days after receiving a written
229 request from a client or a client’s legal representative, a
230 provider shall furnish a true and correct copy of additional
231 requested records, including medical records, care and treatment
232 records, and interdisciplinary records, as applicable, that are
233 in the provider’s possession.
234 (c) Within 10 business days after receiving a request from
235 a client or a client’s legal representative, a provider shall
236 provide access to examine the original records in its
237 possession, or microforms or other suitable reproductions of the
238 records. A provider may impose any reasonable terms necessary to
239 ensure that the records will not be damaged, destroyed, or
240 altered.
241 (3) A provider may extend the time for furnishing the
242 requested records by up to 14 business days if the provider:
243 (a) Notifies the client or legal representative of the
244 delay in writing within the first 14 business days after
245 receiving the request; and
246 (b) Provides the expected date when the records will be
247 made available, which must be no later than 14 business days
248 after the original deadline for providing the records.
249 (4) The records must be provided in the form and format
250 requested by the client or legal representative if the requested
251 records are readily producible in that form and format. If the
252 requested records are not readily producible in the requested
253 form or format, the provider must produce the records in another
254 electronic form and format agreed to by the requester and the
255 provider or in a readable hard copy format. Forms of access to
256 records may include, but are not limited to: through a web-based
257 application or patient portal, by secure download, via
258 electronic copy delivered by e-mail, on physical media such as a
259 disc or USB drive, by United States mail, or as printed paper
260 records.
261 (5) This section does not apply to:
262 (a) Records maintained at a licensed facility as defined in
263 s. 395.002, the primary function of which is to provide
264 psychiatric care to its patients, or to records of treatment for
265 any mental or emotional condition at any other licensed facility
266 which are governed by s. 394.4615;
267 (b) Records of substance abuse impaired persons which are
268 governed by s. 397.501; or
269 (c) Records of a resident of a nursing home facility which
270 are governed by s. 400.145.
271 Section 7. Subsection (6) of section 456.057, Florida
272 Statutes, is amended to read:
273 456.057 Ownership and control of patient records; report or
274 copies of records to be furnished; disclosure of information.—
275 (6)(a) As used in this subsection, the term:
276 1. “Designated record set” means a group of records
277 maintained by or for the health care practitioner which:
278 a. Includes the medical records and billing records about a
279 patient maintained by or for a practitioner; or
280 b. Is used, in whole or in part, to make decisions
281 regarding the patient’s care, coverage, or benefits.
282 2. “Legal representative” means:
283 a. A legally recognized guardian of the patient;
284 b. A court-appointed representative of the patient;
285 c. A person designated by the patient or by a court of
286 competent jurisdiction to receive copies of the patient’s
287 medical records, care and treatment records, or
288 interdisciplinary records; or
289 d. An attorney who has been designated by a patient to
290 receive copies of the patient’s medical records, care and
291 treatment records, or interdisciplinary records.
292 (b)1. Within 14 business days after receiving a written Any
293 health care practitioner licensed by the department or a board
294 within the department who makes a physical or mental examination
295 of, or administers treatment or dispenses legend drugs to, any
296 person shall, upon request from a patient of such person or the
297 patient’s person’s legal representative, a health care
298 practitioner shall furnish a true and correct copy of the
299 requested records within the designated record set which are in
300 the provider’s possession.
301 2. Within 28 business days after receiving a written
302 request from a patient or a patient’s legal representative, a
303 health care practitioner shall furnish a true and correct copy
304 of additional requested records, including medical records, care
305 and treatment records, and interdisciplinary records, as
306 applicable, that are in the practitioner’s possession.
307 3. Within 10 business days after receiving a request from a
308 patient or a patient’s legal representative, a health care
309 practitioner shall provide access to examine the original
310 records in its possession, or microforms or other suitable
311 reproductions of the records. A health care practitioner may
312 impose any reasonable terms necessary to ensure that the records
313 will not be damaged, destroyed, or altered, in a timely manner,
314 without delays for legal review, copies of all reports and
315 records relating to such examination or treatment, including X
316 rays and insurance information.
317
318 However, when a patient’s psychiatric, chapter 490
319 psychological, or chapter 491 psychotherapeutic records are
320 requested by the patient or the patient’s legal representative,
321 the health care practitioner may provide a report of examination
322 and treatment in lieu of copies of records. Upon a patient’s
323 written request, complete copies of the patient’s psychiatric
324 records shall be provided directly to a subsequent treating
325 psychiatrist. The furnishing of such report or copies may shall
326 not be conditioned upon payment of a fee for services rendered.
327 (c) A health care practitioner may extend the time for
328 furnishing the requested records by up to 14 business days if
329 the health care practitioner:
330 1. Notifies the patient or legal representative of the
331 delay in writing within the first 14 business days after
332 receiving the request; and
333 2. Provides the expected date when the records will be made
334 available, which must be no later than 14 business days after
335 the original deadline for providing the records.
336 (d) The records must be provided in the form and format
337 requested by the patient or legal representative if the
338 requested records are readily producible in that form and
339 format. If the requested records are not readily producible in
340 the requested form or format, the health care practitioner must
341 produce the records in another electronic form and format agreed
342 to by the requester and the practitioner or in a readable hard
343 copy format. Forms of access to records may include, but are not
344 limited to: through a web-based application or patient portal,
345 by secure download, via electronic copy delivered by e-mail, on
346 physical media such as a disc or USB drive, by United States
347 mail, or as printed paper records.
348 Section 8. Paragraph (f) of subsection (1) of section
349 316.1932, Florida Statutes, is amended to read:
350 316.1932 Tests for alcohol, chemical substances, or
351 controlled substances; implied consent; refusal.—
352 (1)
353 (f)1. The tests determining the weight of alcohol in the
354 defendant’s blood or breath shall be administered at the request
355 of a law enforcement officer substantially in accordance with
356 rules of the Department of Law Enforcement. Such rules must
357 specify precisely the test or tests that are approved by the
358 Department of Law Enforcement for reliability of result and ease
359 of administration, and must provide an approved method of
360 administration which must be followed in all such tests given
361 under this section. However, the failure of a law enforcement
362 officer to request the withdrawal of blood does not affect the
363 admissibility of a test of blood withdrawn for medical purposes.
364 2.a. Only a physician, certified paramedic, registered
365 nurse, licensed practical nurse, other personnel authorized by a
366 hospital to draw blood, or duly licensed clinical laboratory
367 director, supervisor, technologist, or technician, acting at the
368 request of a law enforcement officer, may withdraw blood for the
369 purpose of determining its alcoholic content or the presence of
370 chemical substances or controlled substances therein. However,
371 the failure of a law enforcement officer to request the
372 withdrawal of blood does not affect the admissibility of a test
373 of blood withdrawn for medical purposes.
374 b. Notwithstanding any provision of law pertaining to the
375 confidentiality of hospital records or other medical records, if
376 a health care provider, who is providing medical care in a
377 health care facility to a person injured in a motor vehicle
378 crash, becomes aware, as a result of any blood test performed in
379 the course of that medical treatment, that the person’s blood
380 alcohol level meets or exceeds the blood-alcohol level specified
381 in s. 316.193(1)(b), the health care provider may notify any law
382 enforcement officer or law enforcement agency. Any such notice
383 must be given within a reasonable time after the health care
384 provider receives the test result. Any such notice shall be used
385 only for the purpose of providing the law enforcement officer
386 with reasonable cause to request the withdrawal of a blood
387 sample pursuant to this section.
388 c. The notice shall consist only of the name of the person
389 being treated, the name of the person who drew the blood, the
390 blood-alcohol level indicated by the test, and the date and time
391 of the administration of the test.
392 d. Nothing contained in s. 395.3025(2) s. 395.3025(4), s.
393 456.057, or any applicable practice act affects the authority to
394 provide notice under this section, and the health care provider
395 is not considered to have breached any duty owed to the person
396 under s. 395.3025(2) s. 395.3025(4), s. 456.057, or any
397 applicable practice act by providing notice or failing to
398 provide notice. It shall not be a breach of any ethical, moral,
399 or legal duty for a health care provider to provide notice or
400 fail to provide notice.
401 e. A civil, criminal, or administrative action may not be
402 brought against any person or health care provider participating
403 in good faith in the provision of notice or failure to provide
404 notice as provided in this section. Any person or health care
405 provider participating in the provision of notice or failure to
406 provide notice as provided in this section shall be immune from
407 any civil or criminal liability and from any professional
408 disciplinary action with respect to the provision of notice or
409 failure to provide notice under this section. Any such
410 participant has the same immunity with respect to participating
411 in any judicial proceedings resulting from the notice or failure
412 to provide notice.
413 3. The person tested may, at his or her own expense, have a
414 physician, registered nurse, other personnel authorized by a
415 hospital to draw blood, or duly licensed clinical laboratory
416 director, supervisor, technologist, or technician, or other
417 person of his or her own choosing administer an independent test
418 in addition to the test administered at the direction of the law
419 enforcement officer for the purpose of determining the amount of
420 alcohol in the person’s blood or breath or the presence of
421 chemical substances or controlled substances at the time
422 alleged, as shown by chemical analysis of his or her blood or
423 urine, or by chemical or physical test of his or her breath. The
424 failure or inability to obtain an independent test by a person
425 does not preclude the admissibility in evidence of the test
426 taken at the direction of the law enforcement officer. The law
427 enforcement officer shall not interfere with the person’s
428 opportunity to obtain the independent test and shall provide the
429 person with timely telephone access to secure the test, but the
430 burden is on the person to arrange and secure the test at the
431 person’s own expense.
432 4. Upon the request of the person tested, full information
433 concerning the results of the test taken at the direction of the
434 law enforcement officer shall be made available to the person or
435 his or her attorney. Full information is limited to the
436 following:
437 a. The type of test administered and the procedures
438 followed.
439 b. The time of the collection of the blood or breath sample
440 analyzed.
441 c. The numerical results of the test indicating the alcohol
442 content of the blood and breath.
443 d. The type and status of any permit issued by the
444 Department of Law Enforcement which was held by the person who
445 performed the test.
446 e. If the test was administered by means of a breath
447 testing instrument, the date of performance of the most recent
448 required inspection of such instrument.
449
450 Full information does not include manuals, schematics, or
451 software of the instrument used to test the person or any other
452 material that is not in the actual possession of the state.
453 Additionally, full information does not include information in
454 the possession of the manufacturer of the test instrument.
455 5. A hospital, clinical laboratory, medical clinic, or
456 similar medical institution or physician, certified paramedic,
457 registered nurse, licensed practical nurse, other personnel
458 authorized by a hospital to draw blood, or duly licensed
459 clinical laboratory director, supervisor, technologist, or
460 technician, or other person assisting a law enforcement officer
461 does not incur any civil or criminal liability as a result of
462 the withdrawal or analysis of a blood or urine specimen, or the
463 chemical or physical test of a person’s breath pursuant to
464 accepted medical standards when requested by a law enforcement
465 officer, regardless of whether or not the subject resisted
466 administration of the test.
467 Section 9. Paragraph (a) of subsection (2) of section
468 316.1933, Florida Statutes, is amended to read:
469 316.1933 Blood test for impairment or intoxication in cases
470 of death or serious bodily injury; right to use reasonable
471 force.—
472 (2)(a) Only a physician, certified paramedic, registered
473 nurse, licensed practical nurse, other personnel authorized by a
474 hospital to draw blood, or duly licensed clinical laboratory
475 director, supervisor, technologist, or technician, acting at the
476 request of a law enforcement officer, may withdraw blood for the
477 purpose of determining the alcoholic content thereof or the
478 presence of chemical substances or controlled substances
479 therein. However, the failure of a law enforcement officer to
480 request the withdrawal of blood shall not affect the
481 admissibility of a test of blood withdrawn for medical purposes.
482 1. Notwithstanding any provision of law pertaining to the
483 confidentiality of hospital records or other medical records, if
484 a health care provider, who is providing medical care in a
485 health care facility to a person injured in a motor vehicle
486 crash, becomes aware, as a result of any blood test performed in
487 the course of that medical treatment, that the person’s blood
488 alcohol level meets or exceeds the blood-alcohol level specified
489 in s. 316.193(1)(b), the health care provider may notify any law
490 enforcement officer or law enforcement agency. Any such notice
491 must be given within a reasonable time after the health care
492 provider receives the test result. Any such notice shall be used
493 only for the purpose of providing the law enforcement officer
494 with reasonable cause to request the withdrawal of a blood
495 sample pursuant to this section.
496 2. The notice shall consist only of the name of the person
497 being treated, the name of the person who drew the blood, the
498 blood-alcohol level indicated by the test, and the date and time
499 of the administration of the test.
500 3. Nothing contained in s. 395.3025(2) s. 395.3025(4), s.
501 456.057, or any applicable practice act affects the authority to
502 provide notice under this section, and the health care provider
503 is not considered to have breached any duty owed to the person
504 under s. 395.3025(2) s. 395.3025(4), s. 456.057, or any
505 applicable practice act by providing notice or failing to
506 provide notice. It shall not be a breach of any ethical, moral,
507 or legal duty for a health care provider to provide notice or
508 fail to provide notice.
509 4. A civil, criminal, or administrative action may not be
510 brought against any person or health care provider participating
511 in good faith in the provision of notice or failure to provide
512 notice as provided in this section. Any person or health care
513 provider participating in the provision of notice or failure to
514 provide notice as provided in this section shall be immune from
515 any civil or criminal liability and from any professional
516 disciplinary action with respect to the provision of notice or
517 failure to provide notice under this section. Any such
518 participant has the same immunity with respect to participating
519 in any judicial proceedings resulting from the notice or failure
520 to provide notice.
521 Section 10. Subsection (13) of section 395.4025, Florida
522 Statutes, is amended to read:
523 395.4025 Trauma centers; selection; quality assurance;
524 records.—
525 (13) Patient care, transport, or treatment records or
526 reports, or patient care quality assurance proceedings, records,
527 or reports obtained or made pursuant to this section, s.
528 395.3025(2)(f) s. 395.3025(4)(f), s. 395.401, s. 395.4015, s.
529 395.402, s. 395.403, s. 395.404, s. 395.4045, s. 395.405, s.
530 395.50, or s. 395.51 must be held confidential by the department
531 or its agent and are exempt from the provisions of s. 119.07(1).
532 Patient care quality assurance proceedings, records, or reports
533 obtained or made pursuant to these sections are not subject to
534 discovery or introduction into evidence in any civil or
535 administrative action.
536 Section 11. Paragraph (c) of subsection (2) of section
537 397.702, Florida Statutes, is amended to read:
538 397.702 Authorization of local ordinances for treatment of
539 habitual abusers in licensed secure facilities.—
540 (2) Ordinances for the treatment of habitual abusers must
541 provide:
542 (c) That the court with jurisdiction to make the
543 determination authorized by this section shall hear the petition
544 on an emergency basis as soon as practicable but not later than
545 10 days after the date the petition was filed. If the
546 allegations of the petition indicate that the respondent has
547 requested the appointment of an attorney, or otherwise indicate
548 the absence of any competent person to speak at the hearing on
549 behalf of the respondent, the court shall immediately appoint an
550 attorney to represent the respondent pursuant to s. 397.501(9)
551 s. 397.501(8), and shall provide notice of the hearing to the
552 attorney. When the court sets a hearing date the petitioner
553 shall provide notice of the hearing and a copy of the petition
554 to all of the persons named in the petition pursuant to
555 subparagraph (b)2., and to such other persons as may be ordered
556 by the court to receive notice.
557 Section 12. Subsection (1) of section 429.294, Florida
558 Statutes, is amended to read:
559 429.294 Availability of facility records for investigation
560 of resident’s rights violations and defenses; penalty.—
561 (1) Failure to provide complete copies of a resident’s
562 records, including, but not limited to, all medical records and
563 the resident’s chart, within the control or possession of the
564 facility in accordance with s. 408.833 s. 400.145, shall
565 constitute evidence of failure of that party to comply with good
566 faith discovery requirements and shall waive the good faith
567 certificate and presuit notice requirements under this part by
568 the requesting party.
569 Section 13. Subsection (4) of section 440.185, Florida
570 Statutes, is amended to read:
571 440.185 Notice of injury or death; reports; penalties for
572 violations.—
573 (4) Additional reports with respect to such injury and of
574 the condition of such employee, including copies of medical
575 reports, funeral expenses, and wage statements, shall be filed
576 by the employer or carrier to the department at such times and
577 in such manner as the department may prescribe by rule. In
578 carrying out its responsibilities under this chapter, the
579 department or agency may by rule provide for the obtaining of
580 any medical records relating to medical treatment provided
581 pursuant to this chapter, notwithstanding the provisions of ss.
582 90.503 and 395.3025(2) 395.3025(4).
583 Section 14. Subsection (3) of section 456.47, Florida
584 Statutes, is amended to read:
585 456.47 Use of telehealth to provide services.—
586 (3) RECORDS.—A telehealth provider shall document in the
587 patient’s medical record the health care services rendered using
588 telehealth according to the same standard as used for in-person
589 services. Medical records, including video, audio, electronic,
590 or other records generated as a result of providing such
591 services, are confidential pursuant to ss. 395.3025(2) and
592 456.057 ss. 395.3025(4) and 456.057.
593 Section 15. This act shall take effect January 1, 2026.
594
595 ================= T I T L E A M E N D M E N T ================
596 And the title is amended as follows:
597 Delete everything before the enacting clause
598 and insert:
599 A bill to be entitled
600 An act relating to patient access to records; amending
601 s. 394.4615, F.S.; requiring a mental health service
602 provider to furnish records within a specified
603 timeframe after receiving a request for such records;
604 authorizing an extension of the timeframe under
605 certain circumstances; requiring such providers to
606 furnish records in the form and format chosen by the
607 requester, if readily producible; amending s.
608 395.3025, F.S.; deleting provisions requiring
609 hospitals and ambulatory surgical centers to furnish
610 patient records only after discharge, to conform to
611 changes made by the act; establishing that the
612 Department of Health, rather than the Agency for
613 Health Care Administration, has the authority to issue
614 subpoenas for patient records from hospitals and
615 ambulatory surgical centers in certain circumstances;
616 amending s. 397.501, F.S.; requiring a substance abuse
617 service provider to furnish and provide access to
618 records within a specified timeframe after receiving a
619 written request from an individual or the individual’s
620 legal representative; authorizing an extension of the
621 timeframe under certain circumstances; requiring such
622 service providers to furnish records in the form and
623 format chosen by the requester, if readily producible;
624 amending s. 400.145, F.S.; revising the timeframe
625 within which a nursing home facility must provide
626 access to, and copies of, resident records after
627 receiving a request for such records; republishing s.
628 408.803(6), F.S., relating to the definition of the
629 term “client” used in part II of ch. 408, F.S.;
630 creating s. 408.833, F.S.; defining the terms
631 “designated record set” and “legal representative”;
632 requiring a provider to furnish and provide access to
633 records within a specified timeframe after receiving a
634 written request from a client or the client’s legal
635 representative; authorizing an extension of the
636 timeframe under certain circumstances; requiring
637 providers to furnish records in the form and format
638 chosen by the requester, if readily producible;
639 providing exceptions for providers governed by
640 specified provisions; amending s. 456.057, F.S.;
641 defining the terms “designated record set” and “legal
642 representative”; requiring certain health care
643 practitioners to furnish and provide access to records
644 within a specified timeframe after receiving a written
645 request from a patient or the patient’s legal
646 representative; authorizing an extension of the
647 timeframe under certain circumstances; requiring
648 health care practitioners to furnish records in the
649 form and format chosen by the requester, if readily
650 producible; amending ss. 316.1932, 316.1933, 395.4025,
651 397.702, 429.294, 440.185, and 456.47, F.S.;
652 conforming cross-references and provisions to changes
653 made by the act; providing an effective date.