Florida Senate - 2025 CS for CS for SB 1606
By the Committees on Rules; and Health Policy; and Senators
Grall and Bradley
595-03792-25 20251606c2
1 A bill to be entitled
2 An act relating to patient access to records; amending
3 s. 394.4615, F.S.; requiring a mental health service
4 provider to furnish records within a specified
5 timeframe after receiving a request for such records;
6 authorizing an extension of the timeframe under
7 certain circumstances; requiring such providers to
8 furnish records in the form and format chosen by the
9 requester, if readily producible; amending s.
10 395.3025, F.S.; deleting provisions requiring
11 hospitals and ambulatory surgical centers to furnish
12 patient records only after discharge, to conform to
13 changes made by the act; establishing that the
14 Department of Health, rather than the Agency for
15 Health Care Administration, has the authority to issue
16 subpoenas for patient records from hospitals and
17 ambulatory surgical centers in certain circumstances;
18 amending s. 397.501, F.S.; requiring a substance abuse
19 service provider to furnish and provide access to
20 records within a specified timeframe after receiving a
21 written request from an individual or the individual’s
22 legal representative; authorizing an extension of the
23 timeframe under certain circumstances; requiring such
24 service providers to furnish records in the manner
25 chosen by the requester, if readily producible;
26 amending s. 400.145, F.S.; revising the timeframe
27 within which a nursing home facility must provide
28 access to, and copies of, resident records after
29 receiving a request for such records; republishing s.
30 408.803(6), F.S., relating to the definition of the
31 term “client” used in part II of ch. 408, F.S.;
32 creating s. 408.833, F.S.; defining the terms
33 “designated record set” and “legal representative”;
34 requiring a provider to furnish and provide access to
35 records within a specified timeframe after receiving a
36 written request from a client or the client’s legal
37 representative; authorizing an extension of the
38 timeframe under certain circumstances; requiring
39 providers to furnish records in the form and format
40 chosen by the requester, if readily producible;
41 providing exceptions for providers governed by
42 specified provisions; amending s. 456.057, F.S.;
43 defining the terms “designated record set” and “legal
44 representative”; requiring certain health care
45 practitioners to furnish and provide access to records
46 within a specified timeframe after receiving a written
47 request from a patient or the patient’s legal
48 representative; authorizing an extension of the
49 timeframe under certain circumstances; requiring
50 health care practitioners to furnish records in the
51 form and format chosen by the requester, if readily
52 producible; amending ss. 316.1932, 316.1933, 395.4025,
53 397.702, 429.294, 440.185, and 456.47, F.S.;
54 conforming cross-references; providing an effective
55 date.
56
57 Be It Enacted by the Legislature of the State of Florida:
58
59 Section 1. Present subsections (3) through (12) of section
60 394.4615, Florida Statutes, are redesignated as subsections (4)
61 through (13), respectively, a new subsection (3) is added to
62 that section, and paragraphs (a), (b), and (c) of subsection (2)
63 of that section are republished, to read:
64 394.4615 Clinical records; confidentiality.—
65 (2) The clinical record shall be released when:
66 (a) The patient or the patient’s guardian or legal
67 custodian authorizes the release. The guardian, guardian
68 advocate, or legal custodian shall be provided access to the
69 appropriate clinical records of the patient. The patient or the
70 patient’s guardian, guardian advocate, or legal custodian may
71 authorize the release of information and clinical records to
72 appropriate persons to ensure the continuity of the patient’s
73 health care or mental health care. A receiving facility must
74 document that, within 24 hours of admission, individuals
75 admitted on a voluntary basis have been provided with the option
76 to authorize the release of information from their clinical
77 record to the individual’s health care surrogate or proxy,
78 attorney, representative, or other known emergency contact.
79 (b) The patient is represented by counsel and the records
80 are needed by the patient’s counsel for adequate representation.
81 (c) The court orders such release. In determining whether
82 there is good cause for disclosure, the court shall weigh the
83 need for the information to be disclosed against the possible
84 harm of disclosure to the person to whom such information
85 pertains.
86 (3) For requests made in writing and in accordance with
87 paragraphs (2)(a), (b), and (c), a service provider shall
88 furnish the requested clinical records in the provider’s
89 possession within 14 business days after receiving the request.
90 A service provider may extend the time for furnishing the
91 requested records by up to 14 business days if the provider
92 notifies the requester of the delay in writing within the first
93 14 business days after receiving the request and provides the
94 expected date when the records will be made available, which
95 must be no later than 14 business days after the original
96 deadline for providing the records. The records must be provided
97 in the form and format requested by the requester if the
98 requested records are readily producible in that form and
99 format. If the requested records are not readily producible in
100 the requested form or format, the service provider must produce
101 the records in another electronic form and format agreed to by
102 the provider and requester or in a readable hard copy format.
103 Forms of access to records may include, but are not limited to:
104 through a web-based application or patient portal, by secure
105 download, via electronic copy delivered by email, on physical
106 media such as a disc or USB drive, by United States mail, or as
107 printed paper records.
108 Section 2. Subsections (1), (2), and (3), paragraph (e) of
109 subsection (4), paragraph (a) of subsection (7), and subsection
110 (8) of section 395.3025, Florida Statutes, are amended to read:
111 395.3025 Patient and personnel records; copy costs copies;
112 examination.—
113 (1) Any licensed facility shall, upon written request, and
114 only after discharge of the patient, furnish, in a timely
115 manner, without delays for legal review, to any person admitted
116 therein for care and treatment or treated thereat, or to any
117 such person’s guardian, curator, or personal representative, or
118 in the absence of one of those persons, to the next of kin of a
119 decedent or the parent of a minor, or to anyone designated by
120 such person in writing, a true and correct copy of all patient
121 records, including X rays, and insurance information concerning
122 such person, which records are in the possession of the licensed
123 facility, provided the person requesting such records agrees to
124 pay a charge. The exclusive charge for copies of patient records
125 may include sales tax and actual postage, and, except for
126 nonpaper records that are subject to a charge not to exceed $2,
127 may not exceed $1 per page. A fee of up to $1 may be charged for
128 each year of records requested. These charges shall apply to all
129 records furnished, whether directly from the facility or from a
130 copy service providing these services on behalf of the facility.
131 However, a patient whose records are copied or searched for the
132 purpose of continuing to receive medical care is not required to
133 pay a charge for copying or for the search. The licensed
134 facility shall further allow any such person to examine the
135 original records in its possession, or microforms or other
136 suitable reproductions of the records, upon such reasonable
137 terms as shall be imposed to assure that the records will not be
138 damaged, destroyed, or altered.
139 (2) This section does not apply to records maintained at
140 any licensed facility the primary function of which is to
141 provide psychiatric care to its patients, or to records of
142 treatment for any mental or emotional condition at any other
143 licensed facility which are governed by the provisions of s.
144 394.4615.
145 (3) This section does not apply to records of substance
146 abuse impaired persons, which are governed by s. 397.501.
147 (2)(4) Patient records are confidential and must not be
148 disclosed without the consent of the patient or his or her legal
149 representative, but appropriate disclosure may be made without
150 such consent to:
151 (e) The Department of Health agency upon subpoena issued
152 pursuant to s. 456.071, but the records obtained thereby must be
153 used solely for the purpose of the department agency and the
154 appropriate professional board in its investigation,
155 prosecution, and appeal of disciplinary proceedings. If the
156 department agency requests copies of the records, the facility
157 shall charge no more than its actual copying costs, including
158 reasonable staff time. The records must be sealed and must not
159 be available to the public pursuant to s. 119.07(1) or any other
160 statute providing access to records, nor may they be available
161 to the public as part of the record of investigation for and
162 prosecution in disciplinary proceedings made available to the
163 public by the department agency or the appropriate regulatory
164 board. However, the department agency must make available, upon
165 written request by a practitioner against whom probable cause
166 has been found, any such records that form the basis of the
167 determination of probable cause.
168 (5)(a)(7)(a) If the content of any record of patient
169 treatment is provided under this section, the recipient, if
170 other than the patient or the patient’s representative, may use
171 such information only for the purpose provided and may not
172 further disclose any information to any other person or entity,
173 unless expressly permitted by the written consent of the
174 patient. A general authorization for the release of medical
175 information is not sufficient for this purpose. The content of
176 such patient treatment record is confidential and exempt from
177 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
178 Constitution.
179 (6)(8) Patient records at hospitals and ambulatory surgical
180 centers are exempt from disclosure under s. 119.07(1), except as
181 provided by subsections (2) and (3) (1)-(5).
182 Section 3. Present subsections (8), (9), and (10) of
183 section 397.501, Florida Statutes, are redesignated as
184 subsections (9), (10), and (11), respectively, a new subsection
185 (8) is added to that section, and paragraph (d) of subsection
186 (7) of that section is republished, to read:
187 397.501 Rights of individuals.—Individuals receiving
188 substance abuse services from any service provider are
189 guaranteed protection of the rights specified in this section,
190 unless otherwise expressly provided, and service providers must
191 ensure the protection of such rights.
192 (7) RIGHT TO CONFIDENTIALITY OF INDIVIDUAL RECORDS.—
193 (d) Any answer to a request for a disclosure of individual
194 records which is not permissible under this section or under the
195 appropriate federal regulations must be made in a way that will
196 not affirmatively reveal that an identified individual has been,
197 or is being diagnosed or treated for substance abuse. The
198 regulations do not restrict a disclosure that an identified
199 individual is not and has never received services.
200 (8) RIGHT TO ACCESS INDIVIDUAL RECORDS.—
201 (a) For requests from an individual, or from an
202 individual’s legal representative as that term is defined in s.
203 456.057(6)(a), made in writing and in accordance with subsection
204 (7), a service provider shall furnish the requested individual
205 records in the provider’s possession within 14 business days
206 after receiving the request. A service provider may extend the
207 time for furnishing the requested records by up to 14 business
208 days if the provider notifies the requester of the delay in
209 writing within the first 14 business days after receiving the
210 request and provides the expected date when the records will be
211 made available, which must be no later than 14 business days
212 after the original deadline for providing the records. The
213 records must be provided in the form and format requested by the
214 requester if the requested records are readily producible in
215 that form and format. If the requested records are not readily
216 producible in the requested form or format, the service provider
217 must produce the records in another electronic form and format
218 agreed to by the provider and requester or in a readable hard
219 copy format. Forms of access to records may include, but are not
220 limited to: through a web-based application or patient portal,
221 by secure download, via electronic copy delivered by email, on
222 physical media such as a disc or USB drive, by United States
223 mail, or as printed paper records.
224 (b) Within 10 business days after receiving such a written
225 request, a service provider shall provide access to examine the
226 original records in its possession, or microforms or other
227 suitable reproductions of the records in accordance with
228 subsection (7). The service provider may impose any reasonable
229 terms necessary to ensure that the records will not be damaged,
230 destroyed, or altered.
231 Section 4. Subsection (1) of section 400.145, Florida
232 Statutes, is amended to read:
233 400.145 Copies of records of care and treatment of
234 resident.—
235 (1) Upon receipt of a written request that complies with
236 the federal Health Insurance Portability and Accountability Act
237 of 1996 (HIPAA) and this section, a nursing home facility shall
238 furnish to a competent resident, or to a representative of that
239 resident who is authorized to make requests for the resident’s
240 records under HIPAA or subsection (2), copies of the resident’s
241 paper and electronic records that are in possession of the
242 facility. Such records must include any medical records and
243 records concerning the care and treatment of the resident
244 performed by the facility, except for progress notes and
245 consultation report sections of a psychiatric nature. The
246 facility shall provide a resident with access to the requested
247 records within 24 hours, excluding weekends and holidays, and
248 provide copies of the requested records within 2 business 14
249 working days after receipt of a request relating to a current
250 resident or within 30 business working days after receipt of a
251 request relating to a former resident.
252 Section 5. Subsection (6) of section 408.803, Florida
253 Statutes, is republished to read:
254 408.803 Definitions.—As used in this part, the term:
255 (6) “Client” means any person receiving services from a
256 provider listed in s. 408.802.
257 Section 6. Section 408.833, Florida Statutes, is created to
258 read:
259 408.833 Client access to medical records.—
260 (1) As used in this section, the term:
261 (a) “Designated record set” means a group of records
262 maintained by or for a provider which:
263 1. Includes the medical records and billing records about a
264 client maintained by or for the provider; or
265 2. Is used, in whole or in part, to make decisions
266 regarding a client’s care, coverage, or benefits.
267 (b) “Legal representative” means:
268 1. A legally recognized guardian of the client;
269 2. A court-appointed representative of the client;
270 3. A person designated by the client or by a court of
271 competent jurisdiction to receive copies of the client’s medical
272 records, care and treatment records, or interdisciplinary
273 records; or
274 4. An attorney who has been designated by a client to
275 receive copies of the client’s medical records, care and
276 treatment records, or interdisciplinary records.
277 (2)(a) Within 14 business days after receiving a written
278 request from a client or a client’s legal representative, a
279 provider shall furnish a true and correct copy of the requested
280 records within the designated record set which are in the
281 provider’s possession.
282 (b) Within 28 business days after receiving a written
283 request from a client or a client’s legal representative, a
284 provider shall furnish a true and correct copy of additional
285 requested records, including medical records, care and treatment
286 records, and interdisciplinary records, as applicable, that are
287 in the provider’s possession.
288 (c) Within 10 business days after receiving a request from
289 a client or a client’s legal representative, a provider shall
290 provide access to examine the original records in its
291 possession, or microforms or other suitable reproductions of the
292 records. A provider may impose any reasonable terms necessary to
293 ensure that the records will not be damaged, destroyed, or
294 altered.
295 (3) A provider may extend the time for furnishing the
296 requested records by up to 14 business days if the provider:
297 (a) Notifies the client or legal representative of the
298 delay in writing within the first 14 business days after
299 receiving the request; and
300 (b) Provides the expected date when the records will be
301 made available, which must be no later than 14 business days
302 after the original deadline for providing the records.
303 (4) The records must be provided in the form and format
304 requested by the client or legal representative if the requested
305 records are readily producible in that form and format. If the
306 requested records are not readily producible in the requested
307 form or format, the provider must produce the records in another
308 electronic form and format agreed to by the requester and the
309 provider or in a readable hard copy format. Forms of access to
310 records may include, but are not limited to: through a web-based
311 application or patient portal, by secure download, via
312 electronic copy delivered by email, on physical media such as a
313 disc or USB drive, by United States mail, or as printed paper
314 records.
315 (5) This section does not apply to:
316 (a) Records maintained at a licensed facility as defined in
317 s. 395.002, the primary function of which is to provide
318 psychiatric care to its patients, or to records of treatment for
319 any mental or emotional condition at any other licensed facility
320 which are governed by s. 394.4615;
321 (b) Records of substance abuse impaired persons which are
322 governed by s. 397.501; or
323 (c) Records of a resident of a nursing home facility which
324 are governed by s. 400.145.
325 Section 7. Subsection (6) of section 456.057, Florida
326 Statutes, is amended to read:
327 456.057 Ownership and control of patient records; report or
328 copies of records to be furnished; disclosure of information.—
329 (6)(a) As used in this subsection, the term:
330 1. “Designated record set” means a group of records
331 maintained by or for the health care practitioner which:
332 a. Includes the medical records and billing records about a
333 patient maintained by or for a practitioner; or
334 b. Is used, in whole or in part, to make decisions
335 regarding the patient’s care, coverage, or benefits.
336 2. “Legal representative” means:
337 a. A legally recognized guardian of the patient;
338 b. A court-appointed representative of the patient;
339 c. A person designated by the patient or by a court of
340 competent jurisdiction to receive copies of the patient’s
341 medical records, care and treatment records, or
342 interdisciplinary records; or
343 d. An attorney who has been designated by a patient to
344 receive copies of the patient’s medical records, care and
345 treatment records, or interdisciplinary records.
346 (b)1. Within 14 business days after receiving a written Any
347 health care practitioner licensed by the department or a board
348 within the department who makes a physical or mental examination
349 of, or administers treatment or dispenses legend drugs to, any
350 person shall, upon request from a patient of such person or the
351 patient’s person’s legal representative, a health care
352 practitioner shall furnish a true and correct copy of the
353 requested records within the designated record set which are in
354 the provider’s possession.
355 2. Within 28 business days after receiving a written
356 request from a patient or a patient’s legal representative, a
357 health care practitioner shall furnish a true and correct copy
358 of additional requested records, including medical records, care
359 and treatment records, and interdisciplinary records, as
360 applicable, that are in the practitioner’s possession.
361 3. Within 10 business days after receiving a request from a
362 patient or a patient’s legal representative, a health care
363 practitioner shall provide access to examine the original
364 records in its possession, or microforms or other suitable
365 reproductions of the records. A health care practitioner may
366 impose any reasonable terms necessary to ensure that the records
367 will not be damaged, destroyed, or altered, in a timely manner,
368 without delays for legal review, copies of all reports and
369 records relating to such examination or treatment, including X
370 rays and insurance information.
371
372 However, when a patient’s psychiatric, chapter 490
373 psychological, or chapter 491 psychotherapeutic records are
374 requested by the patient or the patient’s legal representative,
375 the health care practitioner may provide a report of examination
376 and treatment in lieu of copies of records. Upon a patient’s
377 written request, complete copies of the patient’s psychiatric
378 records shall be provided directly to a subsequent treating
379 psychiatrist. The furnishing of such report or copies may shall
380 not be conditioned upon payment of a fee for services rendered.
381 (c) A health care practitioner may extend the time for
382 furnishing the requested records by up to 14 business days if
383 the health care practitioner:
384 1. Notifies the patient or legal representative of the
385 delay in writing within the first 14 business days after
386 receiving the request; and
387 2. Provides the expected date when the records will be made
388 available, which must be no later than 14 business days after
389 the original deadline for providing the records.
390 (d) The records must be provided in the form and format
391 requested by the patient or legal representative if the
392 requested records are readily producible in that form and
393 format. If the requested records are not readily producible in
394 the requested form or format, the health care practitioner must
395 produce the records in another electronic form and format agreed
396 to by the requester and the practitioner or in a readable hard
397 copy format. Forms of access to records may include, but are not
398 limited to: through a web-based application or patient portal,
399 by secure download, via electronic copy delivered by email, on
400 physical media such as a disc or USB drive, by United States
401 mail, or as printed paper records.
402 Section 8. Paragraph (f) of subsection (1) of section
403 316.1932, Florida Statutes, is amended to read:
404 316.1932 Tests for alcohol, chemical substances, or
405 controlled substances; implied consent; refusal.—
406 (1)
407 (f)1. The tests determining the weight of alcohol in the
408 defendant’s blood or breath shall be administered at the request
409 of a law enforcement officer substantially in accordance with
410 rules of the Department of Law Enforcement. Such rules must
411 specify precisely the test or tests that are approved by the
412 Department of Law Enforcement for reliability of result and ease
413 of administration, and must provide an approved method of
414 administration which must be followed in all such tests given
415 under this section. However, the failure of a law enforcement
416 officer to request the withdrawal of blood does not affect the
417 admissibility of a test of blood withdrawn for medical purposes.
418 2.a. Only a physician, certified paramedic, registered
419 nurse, licensed practical nurse, other personnel authorized by a
420 hospital to draw blood, or duly licensed clinical laboratory
421 director, supervisor, technologist, or technician, acting at the
422 request of a law enforcement officer, may withdraw blood for the
423 purpose of determining its alcoholic content or the presence of
424 chemical substances or controlled substances therein. However,
425 the failure of a law enforcement officer to request the
426 withdrawal of blood does not affect the admissibility of a test
427 of blood withdrawn for medical purposes.
428 b. Notwithstanding any provision of law pertaining to the
429 confidentiality of hospital records or other medical records, if
430 a health care provider, who is providing medical care in a
431 health care facility to a person injured in a motor vehicle
432 crash, becomes aware, as a result of any blood test performed in
433 the course of that medical treatment, that the person’s blood
434 alcohol level meets or exceeds the blood-alcohol level specified
435 in s. 316.193(1)(b), the health care provider may notify any law
436 enforcement officer or law enforcement agency. Any such notice
437 must be given within a reasonable time after the health care
438 provider receives the test result. Any such notice shall be used
439 only for the purpose of providing the law enforcement officer
440 with reasonable cause to request the withdrawal of a blood
441 sample pursuant to this section.
442 c. The notice shall consist only of the name of the person
443 being treated, the name of the person who drew the blood, the
444 blood-alcohol level indicated by the test, and the date and time
445 of the administration of the test.
446 d. Nothing contained in s. 395.3025(2) s. 395.3025(4), s.
447 456.057, or any applicable practice act affects the authority to
448 provide notice under this section, and the health care provider
449 is not considered to have breached any duty owed to the person
450 under s. 395.3025(2) s. 395.3025(4), s. 456.057, or any
451 applicable practice act by providing notice or failing to
452 provide notice. It shall not be a breach of any ethical, moral,
453 or legal duty for a health care provider to provide notice or
454 fail to provide notice.
455 e. A civil, criminal, or administrative action may not be
456 brought against any person or health care provider participating
457 in good faith in the provision of notice or failure to provide
458 notice as provided in this section. Any person or health care
459 provider participating in the provision of notice or failure to
460 provide notice as provided in this section shall be immune from
461 any civil or criminal liability and from any professional
462 disciplinary action with respect to the provision of notice or
463 failure to provide notice under this section. Any such
464 participant has the same immunity with respect to participating
465 in any judicial proceedings resulting from the notice or failure
466 to provide notice.
467 3. The person tested may, at his or her own expense, have a
468 physician, registered nurse, other personnel authorized by a
469 hospital to draw blood, or duly licensed clinical laboratory
470 director, supervisor, technologist, or technician, or other
471 person of his or her own choosing administer an independent test
472 in addition to the test administered at the direction of the law
473 enforcement officer for the purpose of determining the amount of
474 alcohol in the person’s blood or breath or the presence of
475 chemical substances or controlled substances at the time
476 alleged, as shown by chemical analysis of his or her blood or
477 urine, or by chemical or physical test of his or her breath. The
478 failure or inability to obtain an independent test by a person
479 does not preclude the admissibility in evidence of the test
480 taken at the direction of the law enforcement officer. The law
481 enforcement officer shall not interfere with the person’s
482 opportunity to obtain the independent test and shall provide the
483 person with timely telephone access to secure the test, but the
484 burden is on the person to arrange and secure the test at the
485 person’s own expense.
486 4. Upon the request of the person tested, full information
487 concerning the results of the test taken at the direction of the
488 law enforcement officer shall be made available to the person or
489 his or her attorney. Full information is limited to the
490 following:
491 a. The type of test administered and the procedures
492 followed.
493 b. The time of the collection of the blood or breath sample
494 analyzed.
495 c. The numerical results of the test indicating the alcohol
496 content of the blood and breath.
497 d. The type and status of any permit issued by the
498 Department of Law Enforcement which was held by the person who
499 performed the test.
500 e. If the test was administered by means of a breath
501 testing instrument, the date of performance of the most recent
502 required inspection of such instrument.
503
504 Full information does not include manuals, schematics, or
505 software of the instrument used to test the person or any other
506 material that is not in the actual possession of the state.
507 Additionally, full information does not include information in
508 the possession of the manufacturer of the test instrument.
509 5. A hospital, clinical laboratory, medical clinic, or
510 similar medical institution or physician, certified paramedic,
511 registered nurse, licensed practical nurse, other personnel
512 authorized by a hospital to draw blood, or duly licensed
513 clinical laboratory director, supervisor, technologist, or
514 technician, or other person assisting a law enforcement officer
515 does not incur any civil or criminal liability as a result of
516 the withdrawal or analysis of a blood or urine specimen, or the
517 chemical or physical test of a person’s breath pursuant to
518 accepted medical standards when requested by a law enforcement
519 officer, regardless of whether or not the subject resisted
520 administration of the test.
521 Section 9. Paragraph (a) of subsection (2) of section
522 316.1933, Florida Statutes, is amended to read:
523 316.1933 Blood test for impairment or intoxication in cases
524 of death or serious bodily injury; right to use reasonable
525 force.—
526 (2)(a) Only a physician, certified paramedic, registered
527 nurse, licensed practical nurse, other personnel authorized by a
528 hospital to draw blood, or duly licensed clinical laboratory
529 director, supervisor, technologist, or technician, acting at the
530 request of a law enforcement officer, may withdraw blood for the
531 purpose of determining the alcoholic content thereof or the
532 presence of chemical substances or controlled substances
533 therein. However, the failure of a law enforcement officer to
534 request the withdrawal of blood shall not affect the
535 admissibility of a test of blood withdrawn for medical purposes.
536 1. Notwithstanding any provision of law pertaining to the
537 confidentiality of hospital records or other medical records, if
538 a health care provider, who is providing medical care in a
539 health care facility to a person injured in a motor vehicle
540 crash, becomes aware, as a result of any blood test performed in
541 the course of that medical treatment, that the person’s blood
542 alcohol level meets or exceeds the blood-alcohol level specified
543 in s. 316.193(1)(b), the health care provider may notify any law
544 enforcement officer or law enforcement agency. Any such notice
545 must be given within a reasonable time after the health care
546 provider receives the test result. Any such notice shall be used
547 only for the purpose of providing the law enforcement officer
548 with reasonable cause to request the withdrawal of a blood
549 sample pursuant to this section.
550 2. The notice shall consist only of the name of the person
551 being treated, the name of the person who drew the blood, the
552 blood-alcohol level indicated by the test, and the date and time
553 of the administration of the test.
554 3. Nothing contained in s. 395.3025(2) s. 395.3025(4), s.
555 456.057, or any applicable practice act affects the authority to
556 provide notice under this section, and the health care provider
557 is not considered to have breached any duty owed to the person
558 under s. 395.3025(2) s. 395.3025(4), s. 456.057, or any
559 applicable practice act by providing notice or failing to
560 provide notice. It shall not be a breach of any ethical, moral,
561 or legal duty for a health care provider to provide notice or
562 fail to provide notice.
563 4. A civil, criminal, or administrative action may not be
564 brought against any person or health care provider participating
565 in good faith in the provision of notice or failure to provide
566 notice as provided in this section. Any person or health care
567 provider participating in the provision of notice or failure to
568 provide notice as provided in this section shall be immune from
569 any civil or criminal liability and from any professional
570 disciplinary action with respect to the provision of notice or
571 failure to provide notice under this section. Any such
572 participant has the same immunity with respect to participating
573 in any judicial proceedings resulting from the notice or failure
574 to provide notice.
575 Section 10. Subsection (13) of section 395.4025, Florida
576 Statutes, is amended to read:
577 395.4025 Trauma centers; selection; quality assurance;
578 records.—
579 (13) Patient care, transport, or treatment records or
580 reports, or patient care quality assurance proceedings, records,
581 or reports obtained or made pursuant to this section, s.
582 395.3025(2)(f) s. 395.3025(4)(f), s. 395.401, s. 395.4015, s.
583 395.402, s. 395.403, s. 395.404, s. 395.4045, s. 395.405, s.
584 395.50, or s. 395.51 must be held confidential by the department
585 or its agent and are exempt from the provisions of s. 119.07(1).
586 Patient care quality assurance proceedings, records, or reports
587 obtained or made pursuant to these sections are not subject to
588 discovery or introduction into evidence in any civil or
589 administrative action.
590 Section 11. Paragraph (c) of subsection (2) of section
591 397.702, Florida Statutes, is amended to read:
592 397.702 Authorization of local ordinances for treatment of
593 habitual abusers in licensed secure facilities.—
594 (2) Ordinances for the treatment of habitual abusers must
595 provide:
596 (c) That the court with jurisdiction to make the
597 determination authorized by this section shall hear the petition
598 on an emergency basis as soon as practicable but not later than
599 10 days after the date the petition was filed. If the
600 allegations of the petition indicate that the respondent has
601 requested the appointment of an attorney, or otherwise indicate
602 the absence of any competent person to speak at the hearing on
603 behalf of the respondent, the court shall immediately appoint an
604 attorney to represent the respondent pursuant to s. 397.501(9)
605 s. 397.501(8), and shall provide notice of the hearing to the
606 attorney. When the court sets a hearing date the petitioner
607 shall provide notice of the hearing and a copy of the petition
608 to all of the persons named in the petition pursuant to
609 subparagraph (b)2., and to such other persons as may be ordered
610 by the court to receive notice.
611 Section 12. Subsection (1) of section 429.294, Florida
612 Statutes, is amended to read:
613 429.294 Availability of facility records for investigation
614 of resident’s rights violations and defenses; penalty.—
615 (1) Failure to provide complete copies of a resident’s
616 records, including, but not limited to, all medical records and
617 the resident’s chart, within the control or possession of the
618 facility in accordance with s. 408.833 s. 400.145, shall
619 constitute evidence of failure of that party to comply with good
620 faith discovery requirements and shall waive the good faith
621 certificate and presuit notice requirements under this part by
622 the requesting party.
623 Section 13. Subsection (4) of section 440.185, Florida
624 Statutes, is amended to read:
625 440.185 Notice of injury or death; reports; penalties for
626 violations.—
627 (4) Additional reports with respect to such injury and of
628 the condition of such employee, including copies of medical
629 reports, funeral expenses, and wage statements, shall be filed
630 by the employer or carrier to the department at such times and
631 in such manner as the department may prescribe by rule. In
632 carrying out its responsibilities under this chapter, the
633 department or agency may by rule provide for the obtaining of
634 any medical records relating to medical treatment provided
635 pursuant to this chapter, notwithstanding the provisions of ss.
636 90.503 and 395.3025(2) 395.3025(4).
637 Section 14. Subsection (3) of section 456.47, Florida
638 Statutes, is amended to read:
639 456.47 Use of telehealth to provide services.—
640 (3) RECORDS.—A telehealth provider shall document in the
641 patient’s medical record the health care services rendered using
642 telehealth according to the same standard as used for in-person
643 services. Medical records, including video, audio, electronic,
644 or other records generated as a result of providing such
645 services, are confidential pursuant to ss. 395.3025(2) and
646 456.057 ss. 395.3025(4) and 456.057.
647 Section 15. This act shall take effect January 1, 2026.