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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to patient access to records; amending 2
s. 394.4615, F.S.; requiring a service provider to 3
furnish and provide access to records within a 4
specified timeframe after receiving a request for such 5
records; requiring that certain service provider s 6
furnish such records in the manner chosen by the 7
requester; amending s. 395.3025, F.S.; removing 8
provisions requiring a licensed facility to furnish 9
patient records only after discharge to conform to 10
changes made by the act; revising provisions relating 11
to the appropriate disclosure of patient records 12
without consent; amending s. 397.501, F.S.; requiring 13
a service provider to furnish and provide access to 14
records within a specified timeframe after receiving a 15
request from an individual or the individual's legal 16
representative; requiring that certain service 17
providers furnish such records in the manner chosen by 18
the requester; amending s. 400.145, F.S.; revising the 19
timeframe within which a nursing home facility must 20
provide access to and copies of resident records after 21
receiving a request for such records; creating s. 22
408.833, F.S.; defining the term "legal 23
representative"; requiring a provider to furnish and 24
provide access to records within a specified timeframe 25
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after receiving a request from a client or the 26
client's legal representative; requiring that certain 27
providers furnish such records in the manner chosen by 28
the requester; authorizing a provider to impose 29
reasonable terms necessary to preserve such records; 30
providing exceptions; amending s. 456.057, F.S.; 31
requiring certain licensed health care practitioners 32
to furnish and provide access to copies of reports and 33
records within a specified timeframe after receiving a 34
request from a patient or the patient's legal 35
representative; requiring that certain l icensed health 36
care practitioners furnish such reports and records in 37
the manner chosen by the requester; defining the term 38
"legal representative"; authorizing such licensed 39
health care practitioners to impose reasonable terms 40
necessary to preserve such re ports and records; 41
amending ss. 316.1932, 316.1933, 395.4025, 429.294, 42
440.185, and 456.47, F.S.; conforming cross -43
references; providing an effective date. 44
45
Be It Enacted by the Legislature of the State of Florida: 46
47
Section 1. Subsections (3) throu gh (12) of section 48
394.4615, Florida Statutes, are renumbered as subsections (4) 49
through (13), respectively, and a new subsection (3) is added to 50
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that section, to read: 51
394.4615 Clinical records; confidentiality. — 52
(3) Within 14 working days after recei ving a request made 53
in accordance with paragraphs (2)(a) -(c), a service provider 54
must furnish clinical records in its possession. A service 55
provider may furnish the requested records in paper form or, 56
upon request, in an electronic format. A service provid er who 57
maintains an electronic health record system shall furnish the 58
requested records in the manner chosen by the requester, 59
including, but not limited to, an electronic format, submission 60
through a patient's electronic personal health record, or access 61
through a web-based patient portal if the service provider 62
maintains a patient portal. 63
Section 2. Subsections (4) through (11) of section 64
395.3025, Florida Statutes, are renumbered as subsections (2) 65
through (9), respectively, and subsections (1), (2), and (3), 66
paragraph (e) of present subsection (4), paragraph (a) of 67
present subsection (7), and present subsection (8) of that 68
section, are amended to read: 69
395.3025 Patient and personnel records; copy costs copies; 70
examination.— 71
(1) Any licensed facility shall, upon written request, and 72
only after discharge of the patient, furnish, in a timely 73
manner, without delays for legal review, to any person admitted 74
therein for care and treatment or treated thereat, or to any 75
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such person's guardian, curator, or personal representative, or 76
in the absence of one of those persons, to the next of kin of a 77
decedent or the parent of a minor, or to anyone designated by 78
such person in writing, a true and correct copy of all patient 79
records, including X rays, and insuranc e information concerning 80
such person, which records are in the possession of the licensed 81
facility, provided the person requesting such records agrees to 82
pay a charge. The exclusive charge for copies of patient records 83
may include sales tax and actual post age, and, except for 84
nonpaper records that are subject to a charge not to exceed $2, 85
may not exceed $1 per page. A fee of up to $1 may be charged for 86
each year of records requested. These charges shall apply to all 87
records furnished, whether directly from the facility or from a 88
copy service providing these services on behalf of the facility. 89
However, a patient whose records are copied or searched for the 90
purpose of continuing to receive medical care is not required to 91
pay a charge for copying or for the sea rch. The licensed 92
facility shall further allow any such person to examine the 93
original records in its possession, or microforms or other 94
suitable reproductions of the records, upon such reasonable 95
terms as shall be imposed to assure that the records will n ot be 96
damaged, destroyed, or altered. 97
(2) This section does not apply to records maintained at 98
any licensed facility the primary function of which is to 99
provide psychiatric care to its patients, or to records of 100
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treatment for any mental or emotional cond ition at any other 101
licensed facility which are governed by the provisions of s. 102
394.4615. 103
(3) This section does not apply to records of substance 104
abuse impaired persons, which are governed by s. 397.501. 105
(2)(4) Patient records are confidential and must not be 106
disclosed without the consent of the patient or his or her legal 107
representative, but appropriate disclosure may be made without 108
such consent to: 109
(e) The Department of Health agency upon subpoena issued 110
pursuant to s. 456.071, but the records obta ined thereby must be 111
used solely for the purpose of the department agency and the 112
appropriate professional board in its investigation, 113
prosecution, and appeal of disciplinary proceedings. If the 114
department agency requests copies of the records, the facilit y 115
shall charge no more than its actual copying costs, including 116
reasonable staff time. The records must be sealed and must not 117
be available to the public pursuant to s. 119.07(1) or any other 118
statute providing access to records, nor may they be available 119
to the public as part of the record of investigation for and 120
prosecution in disciplinary proceedings made available to the 121
public by the department agency or the appropriate regulatory 122
board. However, the department agency must make available, upon 123
written request by a practitioner against whom probable cause 124
has been found, any such records that form the basis of the 125
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determination of probable cause. 126
(5)(7)(a) If the content of any record of patient 127
treatment is provided under this section, the recipient , if 128
other than the patient or the patient's representative, may use 129
such information only for the purpose provided and may not 130
further disclose any information to any other person or entity, 131
unless expressly permitted by the written consent of the 132
patient. A general authorization for the release of medical 133
information is not sufficient for this purpose. The content of 134
such patient treatment record is confidential and exempt from 135
the provisions of s. 119.07(1) and s. 24(a), Art. I of the State 136
Constitution. 137
(6)(8) Patient records at hospitals and ambulatory 138
surgical centers are exempt from disclosure under s. 119.07(1), 139
except as provided by subsections (2) and (3) (1)-(5). 140
Section 3. Paragraphs (a) through (j) of subsection (7) of 141
section 397.501, Florida Statutes, are redesignated as 142
paragraphs (c) through (l), respectively, and new paragraphs (a) 143
and (b) are added to that subsection, to read: 144
397.501 Rights of individuals. —Individuals receiving 145
substance abuse services from any service provider are 146
guaranteed protection of the rights specified in this section, 147
unless otherwise expressly provided, and service providers must 148
ensure the protection of such rights. 149
(7) RIGHT TO ACCESS AND CONFIDENTIALITY OF INDIVIDUAL 150
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RECORDS.— 151
(a) Within 14 worki ng days after receiving a written 152
request from an individual or an individual's legal 153
representative, a service provider shall furnish a true and 154
correct copy of all records in the possession of the service 155
provider. The service provider may furnish the re quested records 156
in paper form or, upon request, in an electronic format. A 157
service provider that maintains an electronic health record 158
system shall furnish the requested records in the manner chosen 159
by the requester, including, but not limited to, an elect ronic 160
format, submission through a patient's electronic personal 161
health record, or access through a web -based patient portal if 162
the service provider maintains a patient portal. For purposes of 163
this section, the term "legal representative" has the same 164
meaning as provided in s. 408.833(1). 165
(b) Within 10 working days after receiving such a request 166
from an individual or an individual's legal representative, a 167
service provider shall provide access to examine the original 168
records in its possession, or microfor ms or other suitable 169
reproductions of the records. The service provider may impose 170
any reasonable terms necessary to ensure that the records will 171
not be damaged, destroyed, or altered. 172
Section 4. Subsection (1) of section 400.145, Florida 173
Statutes, is amended to read: 174
400.145 Copies of records of care and treatment of 175
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resident.— 176
(1) Upon receipt of a written request that complies with 177
the federal Health Insurance Portability and Accountability Act 178
of 1996 (HIPAA) and this section, a nursing home fac ility shall 179
furnish to a competent resident, or to a representative of that 180
resident who is authorized to make requests for the resident's 181
records under HIPAA or subsection (2), copies of the resident's 182
paper and electronic records that are in possession o f the 183
facility. Such records must include any medical records and 184
records concerning the care and treatment of the resident 185
performed by the facility, except for progress notes and 186
consultation report sections of a psychiatric nature. The 187
facility shall provide a resident with access to the requested 188
records within 24 hours, excluding weekends and holidays, and 189
provide copies of the requested records within 2 14 working days 190
after receipt of a request relating to a current resident or 191
within 30 working days after receipt of a request relating to a 192
former resident. 193
Section 5. Section 408.833, Florida Statutes, is created 194
to read: 195
408.833 Client access to medical records. — 196
(1) For purposes of this section, the term "legal 197
representative" means an attorney who has been designated by a 198
client to receive copies of the client's medical, care and 199
treatment, or interdisciplinary records; a legally recognized 200
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guardian of the clien t; a court-appointed representative of the 201
client; or a person designated by the client or by a court of 202
competent jurisdiction to receive copies of the client's 203
medical, care and treatment, or interdisciplinary records. 204
(2) Within 14 working days after receiving a written 205
request from a client or client's legal representative, a 206
provider shall furnish a true and correct copy of all records, 207
including medical, care and treatment, and interdisciplinary 208
records, as applicable, in the possession of the provi der. A 209
provider may furnish the requested records in paper form or, 210
upon request, in an electronic format. A provider that maintains 211
an electronic health record system shall furnish the requested 212
records in the manner chosen by the requester, including, bu t 213
not limited to, an electronic format, submission through a 214
patient's electronic personal health record, or access through a 215
web-based patient portal if the service provider maintains a 216
patient portal. 217
(3) Within 10 working days after receiving a reques t from 218
a client or a client's legal representative, a provider shall 219
provide access to examine the original records in its 220
possession, or microforms or other suitable reproductions of the 221
records. A provider may impose any reasonable terms necessary to 222
ensure that the records will not be damaged, destroyed, or 223
altered. 224
(4) This section does not apply to: 225
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(a) Records maintained at a licensed facility, as defined 226
in s. 395.002, the primary function of which is to provide 227
psychiatric care to its patients, or to records of treatment for 228
any mental or emotional condition at any other licensed facility 229
which are governed by s. 394.4615; 230
(b) Records of substance abuse impaired persons which are 231
governed by s. 397.501; or 232
(c) Records of a resident of a nursi ng home facility. 233
Section 6. Subsection (6) of section 456.057, Florida 234
Statutes, is amended to read: 235
456.057 Ownership and control of patient records; report 236
or copies of records to be furnished; disclosure of 237
information.— 238
(6)(a) Any health care practitioner licensed by the 239
department or a board within the department who makes a physical 240
or mental examination of, or administers treatment or dispenses 241
legend drugs to, any patient person shall, upon request of such 242
patient person or the patient's person's legal representative, 243
furnish, within 14 working days after such request in a timely 244
manner, without delays for legal review , copies of all reports 245
and records relating to such examination or treatment, including 246
X rays and insurance information. A health care practitioner may 247
furnish the requested reports and records in paper form or, upon 248
request, in an electronic format. A health care practitioner who 249
maintains an electronic health record system shall furnish the 250
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requested reports and records in t he manner chosen by the 251
requester, including, but not limited to, an electronic format, 252
submission through a patient's electronic personal health 253
record, or access through a web -based patient portal if the 254
service provider maintains a patient portal. For p urposes of 255
this section, the term "legal representative" means a patient's 256
attorney who has been designated by the patient to receive 257
copies of the patient's medical records, a legally recognized 258
guardian of the patient, a court -appointed representative of the 259
patient, or any other person designated by the patient or by a 260
court of competent jurisdiction to receive copies of the 261
patient's medical records. 262
(b) Within 10 working days after receiving a written 263
request by a patient or a patient's legal represe ntative, a 264
healthcare practitioner must provide access to examine the 265
original reports and records, or microforms or other suitable 266
reproductions of the reports and records in the healthcare 267
practitioner's possession. The healthcare practitioner may 268
impose any reasonable terms necessary to ensure that the reports 269
and records will not be damaged, destroyed, or altered. 270
(c) However, When a patient's psychiatric, chapter 490 271
psychological, or chapter 491 psychotherapeutic records are 272
requested by the patient or the patient's legal representative, 273
the health care practitioner may provide a report of examination 274
and treatment in lieu of copies of records. Upon a patient's 275
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written request, complete copies of the patient's psychiatric 276
records shall be provided di rectly to a subsequent treating 277
psychiatrist. The furnishing of such report or copies may shall 278
not be conditioned upon payment of a fee for services rendered. 279
Section 7. Paragraph (f) of subsection (1) of section 280
316.1932, Florida Statutes, is amended to read: 281
316.1932 Tests for alcohol, chemical substances, or 282
controlled substances; implied consent; refusal. — 283
(1) 284
(f)1. The tests determining the weight of alcohol in the 285
defendant's blood or breath shall be administered at the request 286
of a law enforcement officer substantially in accordance with 287
rules of the Department of Law Enforcement. Such rules must 288
specify precisely the test or tests that are approved by the 289
Department of Law Enforcement for reliability of result and ease 290
of administration, an d must provide an approved method of 291
administration which must be followed in all such tests given 292
under this section. However, the failure of a law enforcement 293
officer to request the withdrawal of blood does not affect the 294
admissibility of a test of blood withdrawn for medical purposes. 295
2.a. Only a physician, certified paramedic, registered 296
nurse, licensed practical nurse, other personnel authorized by a 297
hospital to draw blood, or duly licensed clinical laboratory 298
director, supervisor, technologist, or t echnician, acting at the 299
request of a law enforcement officer, may withdraw blood for the 300
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purpose of determining its alcoholic content or the presence of 301
chemical substances or controlled substances therein. However, 302
the failure of a law enforcement office r to request the 303
withdrawal of blood does not affect the admissibility of a test 304
of blood withdrawn for medical purposes. 305
b. Notwithstanding any provision of law pertaining to the 306
confidentiality of hospital records or other medical records, if 307
a health care provider, who is providing medical care in a 308
health care facility to a person injured in a motor vehicle 309
crash, becomes aware, as a result of any blood test performed in 310
the course of that medical treatment, that the person's blood -311
alcohol level meets or exceeds the blood -alcohol level specified 312
in s. 316.193(1)(b), the health care provider may notify any law 313
enforcement officer or law enforcement agency. Any such notice 314
must be given within a reasonable time after the health care 315
provider receives the test result. Any such notice shall be used 316
only for the purpose of providing the law enforcement officer 317
with reasonable cause to request the withdrawal of a blood 318
sample pursuant to this section. 319
c. The notice shall consist only of the name of the pers on 320
being treated, the name of the person who drew the blood, the 321
blood-alcohol level indicated by the test, and the date and time 322
of the administration of the test. 323
d. Nothing contained in s. 395.3025(2) s. 395.3025(4), s. 324
456.057, or any applicable practice act affects the authority to 325
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provide notice under this section, and the health care provider 326
is not considered to have breached any duty owed to the person 327
under s. 395.3025(2) s. 395.3025(4), s. 456.057, or any 328
applicable practice act by providing notice or failing to 329
provide notice. It shall not be a breach of any ethical, moral, 330
or legal duty for a health care provider to provide notice or 331
fail to provide notice. 332
e. A civil, criminal, or administrative action ma y not be 333
brought against any person or health care provider participating 334
in good faith in the provision of notice or failure to provide 335
notice as provided in this section. Any person or health care 336
provider participating in the provision of notice or fail ure to 337
provide notice as provided in this section shall be immune from 338
any civil or criminal liability and from any professional 339
disciplinary action with respect to the provision of notice or 340
failure to provide notice under this section. Any such 341
participant has the same immunity with respect to participating 342
in any judicial proceedings resulting from the notice or failure 343
to provide notice. 344
3. The person tested may, at his or her own expense, have 345
a physician, registered nurse, other personnel authorized by a 346
hospital to draw blood, or duly licensed clinical laboratory 347
director, supervisor, technologist, or technician, or other 348
person of his or her own choosing administer an independent test 349
in addition to the test administered at the direction of the law 350
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enforcement officer for the purpose of determining the amount of 351
alcohol in the person's blood or breath or the presence of 352
chemical substances or controlled substances at the time 353
alleged, as shown by chemical analysis of his or her blood or 354
urine, or by chemical or physical test of his or her breath. The 355
failure or inability to obtain an independent test by a person 356
does not preclude the admissibility in evidence of the test 357
taken at the direction of the law enforcement officer. The law 358
enforcement officer shall not interfere with the person's 359
opportunity to obtain the independent test and shall provide the 360
person with timely telephone access to secure the test, but the 361
burden is on the person to arrange and secure the test at the 362
person's own expense. 363
4. Upon the request of the person tested, full information 364
concerning the results of the test taken at the direction of the 365
law enforcement officer shall be made available to the person or 366
his or her attorney. Full information is limited to the 367
following: 368
a. The type of test administered and the procedures 369
followed. 370
b. The time of the collection of the blood or breath 371
sample analyzed. 372
c. The numerical results of the test indicating the 373
alcohol content of the blood and breath. 374
d. The type and status of any permit issued by the 375
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Department of Law Enforcement which was held by the person who 376
performed the test. 377
e. If the test was administered by means of a breath 378
testing instrument, the date of performance of the most recent 379
required inspection of such instrument. 380
381
Full information does not include manuals, schematics, or 382
software of the instrument used to test the person or any other 383
material that is not in the actual possession of the state. 384
Additionally, full information does not include information in 385
the possession of the manufacturer of the test instrument. 386
5. A hospital, clinical laboratory, medical clinic, or 387
similar medical institution or physician, certified paramedic, 388
registered nurse, licensed practical nurse, other personnel 389
authorized by a hospital to draw blood, or duly licensed 390
clinical laboratory director, supervisor, technologist, or 391
technician, or other person assisting a law enforcement officer 392
does not incur any civil or criminal liability as a result of 393
the withdrawal or analysis o f a blood or urine specimen, or the 394
chemical or physical test of a person's breath pursuant to 395
accepted medical standards when requested by a law enforcement 396
officer, regardless of whether or not the subject resisted 397
administration of the test. 398
Section 8. Paragraph (a) of subsection (2) of section 399
316.1933, Florida Statutes, is amended to read: 400
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316.1933 Blood test for impairment or intoxication in 401
cases of death or serious bodily injury; right to use reasonable 402
force.— 403
(2)(a) Only a physician, certi fied paramedic, registered 404
nurse, licensed practical nurse, other personnel authorized by a 405
hospital to draw blood, or duly licensed clinical laboratory 406
director, supervisor, technologist, or technician, acting at the 407
request of a law enforcement officer, may withdraw blood for the 408
purpose of determining the alcoholic content thereof or the 409
presence of chemical substances or controlled substances 410
therein. However, the failure of a law enforcement officer to 411
request the withdrawal of blood shall not affect t he 412
admissibility of a test of blood withdrawn for medical purposes. 413
1. Notwithstanding any provision of law pertaining to the 414
confidentiality of hospital records or other medical records, if 415
a health care provider, who is providing medical care in a 416
health care facility to a person injured in a motor vehicle 417
crash, becomes aware, as a result of any blood test performed in 418
the course of that medical treatment, that the person's blood -419
alcohol level meets or exceeds the blood -alcohol level specified 420
in s. 316.193(1)(b), the health care provider may notify any law 421
enforcement officer or law enforcement agency. Any such notice 422
must be given within a reasonable time after the health care 423
provider receives the test result. Any such notice shall be used 424
only for the purpose of providing the law enforcement officer 425
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with reasonable cause to request the withdrawal of a blood 426
sample pursuant to this section. 427
2. The notice shall consist only of the name of the person 428
being treated, the name of the person who drew the blood, the 429
blood-alcohol level indicated by the test, and the date and time 430
of the administration of the test. 431
3. Nothing contained in s. 395.3025(2) s. 395.3025(4), s. 432
456.057, or any applicable practice act affects the authority to 433
provide notice under this section, and the health care provider 434
is not considered to have breached any duty owed to the person 435
under s. 395.3025(2) s. 395.3025(4), s. 456.057, or any 436
applicable practice act by providing notice or failing to 437
provide notice. It shall not be a b reach of any ethical, moral, 438
or legal duty for a health care provider to provide notice or 439
fail to provide notice. 440
4. A civil, criminal, or administrative action may not be 441
brought against any person or health care provider participating 442
in good faith in the provision of notice or failure to provide 443
notice as provided in this section. Any person or health care 444
provider participating in the provision of notice or failure to 445
provide notice as provided in this section shall be immune from 446
any civil or criminal liability and from any professional 447
disciplinary action with respect to the provision of notice or 448
failure to provide notice under this section. Any such 449
participant has the same immunity with respect to participating 450
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in any judicial proceedings resulti ng from the notice or failure 451
to provide notice. 452
Section 9. Subsection (13) of section 395.4025, Florida 453
Statutes, is amended to read: 454
395.4025 Trauma centers; selection; quality assurance; 455
records.— 456
(13) Patient care, transport, or treatment recor ds or 457
reports, or patient care quality assurance proceedings, records, 458
or reports obtained or made pursuant to this section, s. 459
395.3025(2)(f) s. 395.3025(4)(f), s. 395.401, s. 395.4015, s. 460
395.402, s. 395.403, s. 395.404, s. 395.4045, s. 395.405, s. 461
395.50, or s. 395.51 must be held confidential by the department 462
or its agent and are exempt from the provisions of s. 119.07(1). 463
Patient care quality assurance proceedings, records, or reports 464
obtained or made pursuant to these sections are not subject to 465
discovery or introduction into evidence in any civil or 466
administrative action. 467
Section 10. Subsection (1) of section 429.294, Florida 468
Statutes, is amended to read: 469
429.294 Availability of facility records for investigation 470
of resident's rights violations and defenses; penalty. — 471
(1) Failure to provide complete copies of a resident's 472
records, including, but not limited to, all medical records and 473
the resident's chart, within the control or possession of the 474
facility in accordance with s. 408.833 s. 400.145, shall 475
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constitute evidence of failure of that party to comply with good 476
faith discovery requirements and shall waive the good faith 477
certificate and presuit notice requirements under this part by 478
the requesting party. 479
Section 11. Subsection (4) of sec tion 440.185, Florida 480
Statutes, is amended to read: 481
440.185 Notice of injury or death; reports; penalties for 482
violations.— 483
(4) Additional reports with respect to such injury and of 484
the condition of such employee, including copies of medical 485
reports, funeral expenses, and wage statements, shall be filed 486
by the employer or carrier to the department at such times and 487
in such manner as the department may prescribe by rule. In 488
carrying out its responsibilities under this chapter, the 489
department or agency may by rule provide for the obtaining of 490
any medical records relating to medical treatment provided 491
pursuant to this chapter, notwithstanding the provisions of ss. 492
90.503 and 395.3025(2) 395.3025(4). 493
Section 12. Subsection (3) of section 456.47, Florida 494
Statutes, is amended to read: 495
456.47 Use of telehealth to provide services. — 496
(3) RECORDS.—A telehealth provider shall document in the 497
patient's medical record the health care services rendered using 498
telehealth according to the same standard as used for in -person 499
services. Medical records, including video, audio, electronic, 500
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or other records generated as a result of providing such 501
services, are confidential pursuant to ss. 395.3025(2) and 502
456.057 ss. 395.3025(4) and 456.057 . 503
Section 13. This act shall take effect January 1, 2026. 504