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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. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 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 1 CODING: Words stricken are deletions; words underlined are additions. 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 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 260 317-407-98 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 3 CODING: Words stricken are deletions; words underlined are additions. 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. 10 11 ***************************************** 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. 19 20 21 22 23 24 25 26 27 28 29 30 31 4