CODING: Words stricken are deletions; words underlined are additions.Senate Bill 0260
Florida Senate - 1998 SB 260
By the Committee on Health Care
317-407-98
1 A bill to be entitled
2 An act relating to confidentiality; providing
3 definitions; providing for the confidentiality
4 of health, medical, patient, and insurance
5 records and for identifying information
6 pertaining to natural persons contained in such
7 records; providing exceptions; amending s.
8 455.677, F.S., relating to disposition of
9 certain medical, records held by practitioners;
10 requiring rules to provide for specific methods
11 of disposal following expiration of the
12 mandatory retention period; providing an
13 effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. (1) As used in this section, the term:
18 (a) "Health record" means data or information,
19 regardless of the physical form, characteristics, or means of
20 transmission, about the condition of a natural person's mind
21 or body obtained by a health care practitioner or health care
22 provider as a result of a professional relationship,
23 professional association, or commercial exchange with such a
24 person and which record is maintained as required by law or
25 accepted professional or industry standards and practices.
26 (b) "Insurance record" means data or information,
27 regardless of the physical form, characteristics, or means of
28 transmission, about a natural person relating to health or
29 medical services covered, provided, excluded, or paid on
30 behalf of an insured of an insurance company or a subscriber
31 or an enrollee of a managed care organization which record is
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Florida Senate - 1998 SB 260
317-407-98
1 maintained as required by law or accepted professional or
2 industry standards and practices.
3 (c) "Medical record" means data or information,
4 regardless of the physical form, characteristics, or means of
5 transmission, about a natural person who is a patient, client,
6 or customer of a health care practitioner or health care
7 provider that is maintained as required by law or accepted
8 professional or industry standards and practices.
9 (d) "Patient record" means data or information,
10 regardless of the physical form, characteristics, or means of
11 transmission, about a natural person who participates in a
12 professional relation for the receipt of curative,
13 rehabilitative, therapeutic, cosmetic, or palliative attention
14 to a condition of his or her mind or body that is maintained
15 as required by law or accepted professional or industry
16 standards and practices.
17 (2)(a) Except as otherwise provided, health, medical,
18 patient, and insurance records are confidential and protected
19 as provided under section 23, Art. I of the State
20 Constitution. Access to such records must be granted upon the
21 written consent of the natural person to whom the record
22 pertains or the person's legal representative; the written
23 consent of the person who has provided information contained
24 in the record, for that portion of the record provided, or
25 that person's legal representative; or by order of a court of
26 competent jurisdiction.
27 (b) Except as otherwise provided, any identifying
28 information about a natural person in a health, medical,
29 patient, or insurance record about medical, psychiatric, or
30 surgical care; consultation; counseling; evaluation; testing;
31 or treatment provided to the person is confidential. Such
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Florida Senate - 1998 SB 260
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1 information, except as provided in paragraph (c), may be
2 disclosed to a third party only after written consent has been
3 given by the person to whom the information pertains or the
4 legal representative of the person, or by order of a court of
5 competent jurisdiction.
6 (c) Except as otherwise provided, all information in a
7 health, medical, patient, or insurance record that, singularly
8 or in combination with other details relating to a natural
9 person, may be used to associate a person's identity with a
10 specific symptom, illness, diagnosis, or disease is
11 confidential. Such information may be disclosed to a third
12 party only after written consent has been given by the person
13 to whom the information pertains or the legal representative
14 of such person, or by order of a court of competent
15 jurisdiction.
16 Section 2. Section 455.677, Florida Statutes, is
17 amended to read:
18 455.677 Disposition of records of deceased
19 practitioners or practitioners relocating or terminating
20 practice.--Each board created under the provisions of chapter
21 457, chapter 458, chapter 459, chapter 460, chapter 461,
22 chapter 463, chapter 464, chapter 465, chapter 466, part I of
23 chapter 484, chapter 486, chapter 490, or chapter 491, and the
24 department under the provisions of chapter 462, shall provide
25 by rule for the disposition, under that chapter, of the
26 medical records or records of a psychological nature of
27 practitioners which are in existence at the time the
28 practitioner dies, terminates practice, or relocates and is no
29 longer available to patients and which records pertain to the
30 practitioner's patients. The rules shall provide that the
31 records be retained for at least 2 years after the
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Florida Senate - 1998 SB 260
317-407-98
1 practitioner's death, termination of practice, or relocation.
2 In the case of the death of the practitioner, the rules shall
3 provide for the disposition of such records by the estate of
4 the practitioner. The rules must provide that such records may
5 be disposed of after the mandatory retention period only by
6 delivery to the patient or by shredding or burning in
7 accordance with standards adopted by the department.
8 Section 3. This act shall take effect upon becoming a
9 law.
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12 SENATE SUMMARY
13 Provides for confidentiality of health, medical, patient,
and insurance records and identifying information in such
14 records that pertain to natural persons. Provides
conditions under which such information must be made
15 available. Provides that rules of the Department of
Business and Professional Regulation must specify that
16 certain medical records or records of a psychological
nature of health care practitioners may be disposed of
17 after the mandatory retention period only by delivery to
the patient, or by shredding or burning in accordance
18 with standards adopted by the department.
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