Senate Bill sb1868

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    Florida Senate - 2005                                  SB 1868

    By Senator Atwater





    25-441-05

  1                      A bill to be entitled

  2         An act relating to poison control centers;

  3         amending s. 395.1027, F.S.; requiring a health

  4         care facility or practitioner to release a

  5         patient's medical records upon request of a

  6         regional poison control center under certain

  7         circumstances; amending ss. 395.3025 and

  8         456.057, F.S.; authorizing a regional poison

  9         control center to disclose a patient's medical

10         records for purposes of treatment, case

11         management, and to comply with state and

12         federal data-collection requirements; providing

13         an effective date.

14  

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

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17         Section 1.  Subsection (3) of section 395.1027, Florida

18  Statutes, is amended to read:

19         395.1027  Regional poison control centers.--

20         (3)  Upon request, a licensed facility or health care

21  practitioner shall release to a regional poison control center

22  any patient information that is relevant to the episode under

23  evaluation for purposes of treatment or that is necessary for

24  case management of poison cases and other patient information

25  that is necessary to comply with the data-collection and

26  reporting requirements of state and federal law.

27         Section 2.  Paragraph (m) is added to subsection (4) of

28  section 395.3025, Florida Statutes, to read:

29         395.3025  Patient and personnel records; copies;

30  examination.--

31  

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    Florida Senate - 2005                                  SB 1868
    25-441-05




 1         (4)  Patient records are confidential and must not be

 2  disclosed without the consent of the person to whom they

 3  pertain, but appropriate disclosure may be made without such

 4  consent to:

 5         (m)  A regional poison control center for purposes of

 6  treating a poison episode under evaluation, case management of

 7  poison cases, or compliance with data-collection and reporting

 8  requirements of state and federal law.

 9         Section 3.  Paragraph (a) of subsection (5) of section

10  456.057, Florida Statutes, is amended to read:

11         456.057  Ownership and control of patient records;

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

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

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

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

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

17  representative or other health care practitioners and

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

19  except upon written authorization of the patient. However,

20  such records may be furnished without written authorization

21  under the following circumstances:

22         1.  To any person, firm, or corporation that has

23  procured or furnished such examination or treatment with the

24  patient's consent.

25         2.  When compulsory physical examination is made

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

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

28  both the defendant and the plaintiff.

29         3.  In any civil or criminal action, unless otherwise

30  prohibited by law, upon the issuance of a subpoena from a

31  court of competent jurisdiction and proper notice to the

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    Florida Senate - 2005                                  SB 1868
    25-441-05




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

 2  seeking such records.

 3         4.  For statistical and scientific research, provided

 4  the information is abstracted in such a way as to protect the

 5  identity of the patient or provided written permission is

 6  received from the patient or the patient's legal

 7  representative.

 8         5.  To a regional poison control center for purposes of

 9  treating a poison episode under evaluation, case management of

10  poison cases, or compliance with data-collection and reporting

11  requirements of state and federal law.

12         Section 4.  This act shall take effect upon becoming a

13  law.

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16                          SENATE SUMMARY

17    Requires a health care facility or practitioner to
      release a patient's medical records upon request of a
18    regional poison control center under certain
      circumstances. Provides for a regional poison control
19    center to disclose a patient's medical records under
      certain circumstances.
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