Florida Senate - 2025 CS for SB 1606
By the Committee on Health Policy; and Senator Grall
588-03143-25 20251606c1
1 A bill to be entitled
2 An act relating to patient access to records; amending
3 s. 394.4615, F.S.; requiring a service provider to
4 furnish and provide access to records within a
5 specified timeframe after receiving a request for such
6 records; requiring that certain service providers
7 furnish such records in the manner chosen by the
8 requester; amending s. 395.3025, F.S.; removing
9 provisions requiring a licensed facility to furnish
10 patient records only after discharge to conform to
11 changes made by the act; revising provisions relating
12 to the appropriate disclosure of patient records
13 without consent; amending s. 397.501, F.S.; requiring
14 a service provider to furnish and provide access to
15 records within a specified timeframe after receiving a
16 request from an individual or the individual’s legal
17 representative; requiring that certain service
18 providers furnish such records in the manner chosen by
19 the requester; amending s. 400.145, F.S.; revising the
20 timeframe within which a nursing home facility must
21 provide access to and copies of resident records after
22 receiving a request for such records; creating s.
23 408.833, F.S.; defining the term “legal
24 representative”; requiring a provider to furnish and
25 provide access to records within a specified timeframe
26 after receiving a request from a client or the
27 client’s legal representative; requiring that certain
28 providers furnish such records in the manner chosen by
29 the requester; authorizing a provider to impose
30 reasonable terms necessary to preserve such records;
31 providing exceptions; amending s. 456.057, F.S.;
32 requiring certain licensed health care practitioners
33 to furnish and provide access to copies of reports and
34 records within a specified timeframe after receiving a
35 request from a patient or the patient’s legal
36 representative; requiring that certain licensed health
37 care practitioners furnish such reports and records in
38 the manner chosen by the requester; defining the term
39 “legal representative”; authorizing such licensed
40 health care practitioners to impose reasonable terms
41 necessary to preserve such reports and records;
42 amending ss. 316.1932, 316.1933, 395.4025, 429.294,
43 440.185, and 456.47, F.S.; conforming cross
44 references; providing an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Subsections (3) through (12) of section
49 394.4615, Florida Statutes, are renumbered as subsections (4)
50 through (13), respectively, and a new subsection (3) is added to
51 that section, to read:
52 394.4615 Clinical records; confidentiality.—
53 (3) Within 14 working days after receiving a request made
54 in accordance with paragraphs (2)(a)-(c), a service provider
55 must furnish clinical records in its possession. A service
56 provider may furnish the requested records in paper form or,
57 upon request, in an electronic format. A service provider who
58 maintains an electronic health record system shall furnish the
59 requested records in the manner chosen by the requester,
60 including, but not limited to, an electronic format, submission
61 through a patient’s electronic personal health record, or access
62 through a web-based patient portal if the service provider
63 maintains a patient portal.
64 Section 2. Subsections (1), (2), and (3), paragraph (e) of
65 subsection (4), paragraph (a) of subsection (7), and subsection
66 (8) of section 395.3025, Florida Statutes, are amended to read:
67 395.3025 Patient and personnel records; copy costs copies;
68 examination.—
69 (1) Any licensed facility shall, upon written request, and
70 only after discharge of the patient, furnish, in a timely
71 manner, without delays for legal review, to any person admitted
72 therein for care and treatment or treated thereat, or to any
73 such person’s guardian, curator, or personal representative, or
74 in the absence of one of those persons, to the next of kin of a
75 decedent or the parent of a minor, or to anyone designated by
76 such person in writing, a true and correct copy of all patient
77 records, including X rays, and insurance information concerning
78 such person, which records are in the possession of the licensed
79 facility, provided the person requesting such records agrees to
80 pay a charge. The exclusive charge for copies of patient records
81 may include sales tax and actual postage, and, except for
82 nonpaper records that are subject to a charge not to exceed $2,
83 may not exceed $1 per page. A fee of up to $1 may be charged for
84 each year of records requested. These charges shall apply to all
85 records furnished, whether directly from the facility or from a
86 copy service providing these services on behalf of the facility.
87 However, a patient whose records are copied or searched for the
88 purpose of continuing to receive medical care is not required to
89 pay a charge for copying or for the search. The licensed
90 facility shall further allow any such person to examine the
91 original records in its possession, or microforms or other
92 suitable reproductions of the records, upon such reasonable
93 terms as shall be imposed to assure that the records will not be
94 damaged, destroyed, or altered.
95 (2) This section does not apply to records maintained at
96 any licensed facility the primary function of which is to
97 provide psychiatric care to its patients, or to records of
98 treatment for any mental or emotional condition at any other
99 licensed facility which are governed by the provisions of s.
100 394.4615.
101 (3) This section does not apply to records of substance
102 abuse impaired persons, which are governed by s. 397.501.
103 (2)(4) Patient records are confidential and must not be
104 disclosed without the consent of the patient or his or her legal
105 representative, but appropriate disclosure may be made without
106 such consent to:
107 (e) The Department of Health agency upon subpoena issued
108 pursuant to s. 456.071, but the records obtained thereby must be
109 used solely for the purpose of the department agency and the
110 appropriate professional board in its investigation,
111 prosecution, and appeal of disciplinary proceedings. If the
112 department agency requests copies of the records, the facility
113 shall charge no more than its actual copying costs, including
114 reasonable staff time. The records must be sealed and must not
115 be available to the public pursuant to s. 119.07(1) or any other
116 statute providing access to records, nor may they be available
117 to the public as part of the record of investigation for and
118 prosecution in disciplinary proceedings made available to the
119 public by the department agency or the appropriate regulatory
120 board. However, the department agency must make available, upon
121 written request by a practitioner against whom probable cause
122 has been found, any such records that form the basis of the
123 determination of probable cause.
124 (5)(a)(7)(a) If the content of any record of patient
125 treatment is provided under this section, the recipient, if
126 other than the patient or the patient’s representative, may use
127 such information only for the purpose provided and may not
128 further disclose any information to any other person or entity,
129 unless expressly permitted by the written consent of the
130 patient. A general authorization for the release of medical
131 information is not sufficient for this purpose. The content of
132 such patient treatment record is confidential and exempt from
133 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
134 Constitution.
135 (6)(8) Patient records at hospitals and ambulatory surgical
136 centers are exempt from disclosure under s. 119.07(1), except as
137 provided by subsections (2) and (3) (1)-(5).
138 Section 3. Present paragraphs (a) through (j) of subsection
139 (7) of section 397.501, Florida Statutes, are redesignated as
140 paragraphs (c) through (l), respectively, and new paragraphs (a)
141 and (b) are added to that subsection, to read:
142 397.501 Rights of individuals.—Individuals receiving
143 substance abuse services from any service provider are
144 guaranteed protection of the rights specified in this section,
145 unless otherwise expressly provided, and service providers must
146 ensure the protection of such rights.
147 (7) RIGHT TO ACCESS AND CONFIDENTIALITY OF INDIVIDUAL
148 RECORDS.—
149 (a) Within 14 working days after receiving a written
150 request from an individual or an individual’s legal
151 representative, a service provider shall furnish a true and
152 correct copy of all records in the possession of the service
153 provider. The service provider may furnish the requested records
154 in paper form or, upon request, in an electronic format. A
155 service provider that maintains an electronic health record
156 system shall furnish the requested records in the manner chosen
157 by the requester, including, but not limited to, an electronic
158 format, submission through a patient’s electronic personal
159 health record, or access through a web-based patient portal if
160 the service provider maintains a patient portal. For purposes of
161 this section, the term “legal representative” has the same
162 meaning as provided in s. 408.833(1).
163 (b) Within 10 working days after receiving such a request
164 from an individual or an individual’s legal representative, a
165 service provider shall provide access to examine the original
166 records in its possession, or microforms or other suitable
167 reproductions of the records. The service provider may impose
168 any reasonable terms necessary to ensure that the records will
169 not be damaged, destroyed, or altered.
170 Section 4. Subsection (1) of section 400.145, Florida
171 Statutes, is amended to read:
172 400.145 Copies of records of care and treatment of
173 resident.—
174 (1) Upon receipt of a written request that complies with
175 the federal Health Insurance Portability and Accountability Act
176 of 1996 (HIPAA) and this section, a nursing home facility shall
177 furnish to a competent resident, or to a representative of that
178 resident who is authorized to make requests for the resident’s
179 records under HIPAA or subsection (2), copies of the resident’s
180 paper and electronic records that are in possession of the
181 facility. Such records must include any medical records and
182 records concerning the care and treatment of the resident
183 performed by the facility, except for progress notes and
184 consultation report sections of a psychiatric nature. The
185 facility shall provide a resident with access to the requested
186 records within 24 hours, excluding weekends and holidays, and
187 provide copies of the requested records within 2 14 working days
188 after receipt of a request relating to a current resident or
189 within 30 working days after receipt of a request relating to a
190 former resident.
191 Section 5. Section 408.833, Florida Statutes, is created to
192 read:
193 408.833 Client access to medical records.—
194 (1) For purposes of this section, the term “legal
195 representative” means an attorney who has been designated by a
196 client to receive copies of the client’s medical, care and
197 treatment, or interdisciplinary records; a legally recognized
198 guardian of the client; a court-appointed representative of the
199 client; or a person designated by the client or by a court of
200 competent jurisdiction to receive copies of the client’s
201 medical, care and treatment, or interdisciplinary records.
202 (2) Within 14 working days after receiving a written
203 request from a client or client’s legal representative, a
204 provider shall furnish a true and correct copy of all records,
205 including medical, care and treatment, and interdisciplinary
206 records, as applicable, in the possession of the provider. A
207 provider may furnish the requested records in paper form or,
208 upon request, in an electronic format. A provider that maintains
209 an electronic health record system shall furnish the requested
210 records in the manner chosen by the requester, including, but
211 not limited to, an electronic format, submission through a
212 patient’s electronic personal health record, or access through a
213 web-based patient portal if the provider maintains a patient
214 portal.
215 (3) Within 10 working days after receiving a request from a
216 client or a client’s legal representative, a provider shall
217 provide access to examine the original records in its
218 possession, or microforms or other suitable reproductions of the
219 records. A provider may impose any reasonable terms necessary to
220 ensure that the records will not be damaged, destroyed, or
221 altered.
222 (4) This section does not apply to:
223 (a) Records maintained at a licensed facility, as defined
224 in s. 395.002, the primary function of which is to provide
225 psychiatric care to its patients, or to records of treatment for
226 any mental or emotional condition at any other licensed facility
227 which are governed by s. 394.4615;
228 (b) Records of substance abuse impaired persons which are
229 governed by s. 397.501; or
230 (c) Records of a resident of a nursing home facility.
231 Section 6. Subsection (6) of section 456.057, Florida
232 Statutes, is amended to read:
233 456.057 Ownership and control of patient records; report or
234 copies of records to be furnished; disclosure of information.—
235 (6)(a) Any health care practitioner licensed by the
236 department or a board within the department who makes a physical
237 or mental examination of, or administers treatment or dispenses
238 legend drugs to, any patient person shall, upon request of such
239 patient person or the patient’s person’s legal representative,
240 furnish, within 14 working days after such request in a timely
241 manner, without delays for legal review, copies of all reports
242 and records relating to such examination or treatment, including
243 X rays and insurance information. A health care practitioner may
244 furnish the requested reports and records in paper form or, upon
245 request, in an electronic format. A health care practitioner who
246 maintains an electronic health record system shall furnish the
247 requested reports and records in the manner chosen by the
248 requester, including, but not limited to, an electronic format,
249 submission through a patient’s electronic personal health
250 record, or access through a web-based patient portal if the
251 practitioner maintains a patient portal. For purposes of this
252 section, the term “legal representative” means a patient’s
253 attorney who has been designated by the patient to receive
254 copies of the patient’s medical records, a legally recognized
255 guardian of the patient, a court-appointed representative of the
256 patient, or any other person designated by the patient or by a
257 court of competent jurisdiction to receive copies of the
258 patient’s medical records.
259 (b) Within 10 working days after receiving a written
260 request by a patient or a patient’s legal representative, a
261 healthcare practitioner must provide access to examine the
262 original reports and records, or microforms or other suitable
263 reproductions of the reports and records in the healthcare
264 practitioner’s possession. The healthcare practitioner may
265 impose any reasonable terms necessary to ensure that the reports
266 and records will not be damaged, destroyed, or altered.
267 (c) However, When a patient’s psychiatric, chapter 490
268 psychological, or chapter 491 psychotherapeutic records are
269 requested by the patient or the patient’s legal representative,
270 the health care practitioner may provide a report of examination
271 and treatment in lieu of copies of records. Upon a patient’s
272 written request, complete copies of the patient’s psychiatric
273 records shall be provided directly to a subsequent treating
274 psychiatrist. The furnishing of such report or copies may shall
275 not be conditioned upon payment of a fee for services rendered.
276 Section 7. Paragraph (f) of subsection (1) of section
277 316.1932, Florida Statutes, is amended to read:
278 316.1932 Tests for alcohol, chemical substances, or
279 controlled substances; implied consent; refusal.—
280 (1)
281 (f)1. The tests determining the weight of alcohol in the
282 defendant’s blood or breath shall be administered at the request
283 of a law enforcement officer substantially in accordance with
284 rules of the Department of Law Enforcement. Such rules must
285 specify precisely the test or tests that are approved by the
286 Department of Law Enforcement for reliability of result and ease
287 of administration, and must provide an approved method of
288 administration which must be followed in all such tests given
289 under this section. However, the failure of a law enforcement
290 officer to request the withdrawal of blood does not affect the
291 admissibility of a test of blood withdrawn for medical purposes.
292 2.a. Only a physician, certified paramedic, registered
293 nurse, licensed practical nurse, other personnel authorized by a
294 hospital to draw blood, or duly licensed clinical laboratory
295 director, supervisor, technologist, or technician, acting at the
296 request of a law enforcement officer, may withdraw blood for the
297 purpose of determining its alcoholic content or the presence of
298 chemical substances or controlled substances therein. However,
299 the failure of a law enforcement officer to request the
300 withdrawal of blood does not affect the admissibility of a test
301 of blood withdrawn for medical purposes.
302 b. Notwithstanding any provision of law pertaining to the
303 confidentiality of hospital records or other medical records, if
304 a health care provider, who is providing medical care in a
305 health care facility to a person injured in a motor vehicle
306 crash, becomes aware, as a result of any blood test performed in
307 the course of that medical treatment, that the person’s blood
308 alcohol level meets or exceeds the blood-alcohol level specified
309 in s. 316.193(1)(b), the health care provider may notify any law
310 enforcement officer or law enforcement agency. Any such notice
311 must be given within a reasonable time after the health care
312 provider receives the test result. Any such notice shall be used
313 only for the purpose of providing the law enforcement officer
314 with reasonable cause to request the withdrawal of a blood
315 sample pursuant to this section.
316 c. The notice shall consist only of the name of the person
317 being treated, the name of the person who drew the blood, the
318 blood-alcohol level indicated by the test, and the date and time
319 of the administration of the test.
320 d. Nothing contained in s. 395.3025(2) s. 395.3025(4), s.
321 456.057, or any applicable practice act affects the authority to
322 provide notice under this section, and the health care provider
323 is not considered to have breached any duty owed to the person
324 under s. 395.3025(2) s. 395.3025(4), s. 456.057, or any
325 applicable practice act by providing notice or failing to
326 provide notice. It shall not be a breach of any ethical, moral,
327 or legal duty for a health care provider to provide notice or
328 fail to provide notice.
329 e. A civil, criminal, or administrative action may not be
330 brought against any person or health care provider participating
331 in good faith in the provision of notice or failure to provide
332 notice as provided in this section. Any person or health care
333 provider participating in the provision of notice or failure to
334 provide notice as provided in this section shall be immune from
335 any civil or criminal liability and from any professional
336 disciplinary action with respect to the provision of notice or
337 failure to provide notice under this section. Any such
338 participant has the same immunity with respect to participating
339 in any judicial proceedings resulting from the notice or failure
340 to provide notice.
341 3. The person tested may, at his or her own expense, have a
342 physician, registered nurse, other personnel authorized by a
343 hospital to draw blood, or duly licensed clinical laboratory
344 director, supervisor, technologist, or technician, or other
345 person of his or her own choosing administer an independent test
346 in addition to the test administered at the direction of the law
347 enforcement officer for the purpose of determining the amount of
348 alcohol in the person’s blood or breath or the presence of
349 chemical substances or controlled substances at the time
350 alleged, as shown by chemical analysis of his or her blood or
351 urine, or by chemical or physical test of his or her breath. The
352 failure or inability to obtain an independent test by a person
353 does not preclude the admissibility in evidence of the test
354 taken at the direction of the law enforcement officer. The law
355 enforcement officer shall not interfere with the person’s
356 opportunity to obtain the independent test and shall provide the
357 person with timely telephone access to secure the test, but the
358 burden is on the person to arrange and secure the test at the
359 person’s own expense.
360 4. Upon the request of the person tested, full information
361 concerning the results of the test taken at the direction of the
362 law enforcement officer shall be made available to the person or
363 his or her attorney. Full information is limited to the
364 following:
365 a. The type of test administered and the procedures
366 followed.
367 b. The time of the collection of the blood or breath sample
368 analyzed.
369 c. The numerical results of the test indicating the alcohol
370 content of the blood and breath.
371 d. The type and status of any permit issued by the
372 Department of Law Enforcement which was held by the person who
373 performed the test.
374 e. If the test was administered by means of a breath
375 testing instrument, the date of performance of the most recent
376 required inspection of such instrument.
377
378 Full information does not include manuals, schematics, or
379 software of the instrument used to test the person or any other
380 material that is not in the actual possession of the state.
381 Additionally, full information does not include information in
382 the possession of the manufacturer of the test instrument.
383 5. A hospital, clinical laboratory, medical clinic, or
384 similar medical institution or physician, certified paramedic,
385 registered nurse, licensed practical nurse, other personnel
386 authorized by a hospital to draw blood, or duly licensed
387 clinical laboratory director, supervisor, technologist, or
388 technician, or other person assisting a law enforcement officer
389 does not incur any civil or criminal liability as a result of
390 the withdrawal or analysis of a blood or urine specimen, or the
391 chemical or physical test of a person’s breath pursuant to
392 accepted medical standards when requested by a law enforcement
393 officer, regardless of whether or not the subject resisted
394 administration of the test.
395 Section 8. Paragraph (a) of subsection (2) of section
396 316.1933, Florida Statutes, is amended to read:
397 316.1933 Blood test for impairment or intoxication in cases
398 of death or serious bodily injury; right to use reasonable
399 force.—
400 (2)(a) Only a physician, certified paramedic, registered
401 nurse, licensed practical nurse, other personnel authorized by a
402 hospital to draw blood, or duly licensed clinical laboratory
403 director, supervisor, technologist, or technician, acting at the
404 request of a law enforcement officer, may withdraw blood for the
405 purpose of determining the alcoholic content thereof or the
406 presence of chemical substances or controlled substances
407 therein. However, the failure of a law enforcement officer to
408 request the withdrawal of blood shall not affect the
409 admissibility of a test of blood withdrawn for medical purposes.
410 1. Notwithstanding any provision of law pertaining to the
411 confidentiality of hospital records or other medical records, if
412 a health care provider, who is providing medical care in a
413 health care facility to a person injured in a motor vehicle
414 crash, becomes aware, as a result of any blood test performed in
415 the course of that medical treatment, that the person’s blood
416 alcohol level meets or exceeds the blood-alcohol level specified
417 in s. 316.193(1)(b), the health care provider may notify any law
418 enforcement officer or law enforcement agency. Any such notice
419 must be given within a reasonable time after the health care
420 provider receives the test result. Any such notice shall be used
421 only for the purpose of providing the law enforcement officer
422 with reasonable cause to request the withdrawal of a blood
423 sample pursuant to this section.
424 2. The notice shall consist only of the name of the person
425 being treated, the name of the person who drew the blood, the
426 blood-alcohol level indicated by the test, and the date and time
427 of the administration of the test.
428 3. Nothing contained in s. 395.3025(2) s. 395.3025(4), s.
429 456.057, or any applicable practice act affects the authority to
430 provide notice under this section, and the health care provider
431 is not considered to have breached any duty owed to the person
432 under s. 395.3025(2) s. 395.3025(4), s. 456.057, or any
433 applicable practice act by providing notice or failing to
434 provide notice. It shall not be a breach of any ethical, moral,
435 or legal duty for a health care provider to provide notice or
436 fail to provide notice.
437 4. A civil, criminal, or administrative action may not be
438 brought against any person or health care provider participating
439 in good faith in the provision of notice or failure to provide
440 notice as provided in this section. Any person or health care
441 provider participating in the provision of notice or failure to
442 provide notice as provided in this section shall be immune from
443 any civil or criminal liability and from any professional
444 disciplinary action with respect to the provision of notice or
445 failure to provide notice under this section. Any such
446 participant has the same immunity with respect to participating
447 in any judicial proceedings resulting from the notice or failure
448 to provide notice.
449 Section 9. Subsection (13) of section 395.4025, Florida
450 Statutes, is amended to read:
451 395.4025 Trauma centers; selection; quality assurance;
452 records.—
453 (13) Patient care, transport, or treatment records or
454 reports, or patient care quality assurance proceedings, records,
455 or reports obtained or made pursuant to this section, s.
456 395.3025(2)(f) s. 395.3025(4)(f), s. 395.401, s. 395.4015, s.
457 395.402, s. 395.403, s. 395.404, s. 395.4045, s. 395.405, s.
458 395.50, or s. 395.51 must be held confidential by the department
459 or its agent and are exempt from the provisions of s. 119.07(1).
460 Patient care quality assurance proceedings, records, or reports
461 obtained or made pursuant to these sections are not subject to
462 discovery or introduction into evidence in any civil or
463 administrative action.
464 Section 10. Subsection (1) of section 429.294, Florida
465 Statutes, is amended to read:
466 429.294 Availability of facility records for investigation
467 of resident’s rights violations and defenses; penalty.—
468 (1) Failure to provide complete copies of a resident’s
469 records, including, but not limited to, all medical records and
470 the resident’s chart, within the control or possession of the
471 facility in accordance with s. 408.833 s. 400.145, shall
472 constitute evidence of failure of that party to comply with good
473 faith discovery requirements and shall waive the good faith
474 certificate and presuit notice requirements under this part by
475 the requesting party.
476 Section 11. Subsection (4) of section 440.185, Florida
477 Statutes, is amended to read:
478 440.185 Notice of injury or death; reports; penalties for
479 violations.—
480 (4) Additional reports with respect to such injury and of
481 the condition of such employee, including copies of medical
482 reports, funeral expenses, and wage statements, shall be filed
483 by the employer or carrier to the department at such times and
484 in such manner as the department may prescribe by rule. In
485 carrying out its responsibilities under this chapter, the
486 department or agency may by rule provide for the obtaining of
487 any medical records relating to medical treatment provided
488 pursuant to this chapter, notwithstanding the provisions of ss.
489 90.503 and 395.3025(2) 395.3025(4).
490 Section 12. Subsection (3) of section 456.47, Florida
491 Statutes, is amended to read:
492 456.47 Use of telehealth to provide services.—
493 (3) RECORDS.—A telehealth provider shall document in the
494 patient’s medical record the health care services rendered using
495 telehealth according to the same standard as used for in-person
496 services. Medical records, including video, audio, electronic,
497 or other records generated as a result of providing such
498 services, are confidential pursuant to ss. 395.3025(2) and
499 456.057 ss. 395.3025(4) and 456.057.
500 Section 13. This act shall take effect January 1, 2026.