Senate Bill sb2146

    Florida Senate - 2001                                  SB 2146

    By Senator Mitchell





    4-961A-01                                               See HB

  1                      A bill to be entitled

  2         An act relating to medical records; amending s.

  3         456.057, F.S.; prohibiting the use of a

  4         patient's medical records for purposes of

  5         solicitation and marketing; providing for

  6         discipline, injunctive relief, and fines;

  7         providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Subsections (5), (14) and (15) of section

12  456.057, Florida Statutes, are amended to read:

13         456.057  Ownership and control of patient records;

14  report or copies of records to be furnished.--

15         (5)(a)  Except as otherwise provided in this section

16  and in s. 440.13(4)(c), such records may not be furnished to,

17  and the medical condition of a patient may not be discussed

18  with, any person other than the patient or the patient's legal

19  representative or other health care practitioners and

20  providers involved in the care or treatment of the patient,

21  except upon written authorization of the patient. However,

22  such records may be furnished without written authorization

23  under the following circumstances:

24         1.(a)  To any person, firm, or corporation that has

25  procured or furnished such examination or treatment with the

26  patient's consent.

27         2.(b)  When compulsory physical examination is made

28  pursuant to Rule 1.360, Florida Rules of Civil Procedure, in

29  which case copies of the medical records shall be furnished to

30  both the defendant and the plaintiff.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2146
    4-961A-01                                               See HB




  1         3.(c)  In any civil or criminal action, unless

  2  otherwise prohibited by law, upon the issuance of a subpoena

  3  from a court of competent jurisdiction and proper notice to

  4  the patient or the patient's legal representative by the party

  5  seeking such records.

  6         4.(d)  For statistical and scientific research,

  7  provided the information is abstracted in such a way as to

  8  protect the identity of the patient or provided written

  9  permission is received from the patient or the patient's legal

10  representative.

11         (b)  Notwithstanding any written authorization for

12  release of medical records under this section, the use of a

13  patient's medical records for purposes of solicitation and

14  marketing is prohibited.

15         (14)  Licensees in violation of the provisions of this

16  section shall be disciplined by the appropriate licensing

17  authority.

18         (15)  The Attorney General is authorized to enforce the

19  provisions of this section for records owners not otherwise

20  licensed by the state, through injunctive relief and fines not

21  to exceed $5,000 per violation.

22         Section 2.  This act shall take effect upon becoming a

23  law.

24

25            *****************************************

26                       LEGISLATIVE SUMMARY

27
      Prohibits the use of a patient's medical records for
28    purposes of solicitation and marketing, notwithstanding
      any written authorization for the release of such records
29    by the patient.

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CODING: Words stricken are deletions; words underlined are additions.