FL
Florida House Bill H1083

Florida 2025 Regular Session

Florida House Bill H1083 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to patient access to records; amending 2
1616 s. 394.4615, F.S.; requiring a service provider to 3
1717 furnish and provide access to records within a 4
1818 specified timeframe after receiving a request for such 5
1919 records; requiring that certain service provider s 6
2020 furnish such records in the manner chosen by the 7
2121 requester; amending s. 395.3025, F.S.; removing 8
2222 provisions requiring a licensed facility to furnish 9
2323 patient records only after discharge to conform to 10
2424 changes made by the act; revising provisions relating 11
2525 to the appropriate disclosure of patient records 12
2626 without consent; amending s. 397.501, F.S.; requiring 13
2727 a service provider to furnish and provide access to 14
2828 records within a specified timeframe after receiving a 15
2929 request from an individual or the individual's legal 16
3030 representative; requiring that certain service 17
3131 providers furnish such records in the manner chosen by 18
3232 the requester; amending s. 400.145, F.S.; revising the 19
3333 timeframe within which a nursing home facility must 20
3434 provide access to and copies of resident records after 21
3535 receiving a request for such records; creating s. 22
3636 408.833, F.S.; defining the term "legal 23
3737 representative"; requiring a provider to furnish and 24
3838 provide access to records within a specified timeframe 25
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4747 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
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5151 after receiving a request from a client or the 26
5252 client's legal representative; requiring that certain 27
5353 providers furnish such records in the manner chosen by 28
5454 the requester; authorizing a provider to impose 29
5555 reasonable terms necessary to preserve such records; 30
5656 providing exceptions; amending s. 456.057, F.S.; 31
5757 requiring certain licensed health care practitioners 32
5858 to furnish and provide access to copies of reports and 33
5959 records within a specified timeframe after receiving a 34
6060 request from a patient or the patient's legal 35
6161 representative; requiring that certain l icensed health 36
6262 care practitioners furnish such reports and records in 37
6363 the manner chosen by the requester; defining the term 38
6464 "legal representative"; authorizing such licensed 39
6565 health care practitioners to impose reasonable terms 40
6666 necessary to preserve such re ports and records; 41
67-amending ss. 316.1932, 316.1933, 395.4025, 429.294, 42
68-440.185, and 456.47, F.S.; conforming cross -43
67+amending ss. 316.1932, 316.1933, 395.4025, 400.0234, 42
68+429.294, 440.185, and 456.47, F.S.; conforming cross -43
6969 references; providing an effective date. 44
7070 45
7171 Be It Enacted by the Legislature of the State of Florida: 46
7272 47
7373 Section 1. Subsections (3) through (12) of section 48
7474 394.4615, Florida Statutes, are renumbered as subsections (4) 49
7575 through (13), respectively, and a new subsection (3) is added to 50
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8484 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
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8888 that section, to read: 51
8989 394.4615 Clinical records; confidentiality. — 52
9090 (3) Within 14 working days a fter receiving a request made 53
9191 in accordance with paragraphs (2)(a) -(c), a service provider 54
9292 must furnish clinical records in its possession. A service 55
9393 provider may furnish the requested records in paper form or, 56
9494 upon request, in an electronic format. A serv ice provider who 57
9595 maintains an electronic health record system shall furnish the 58
96-requested records in the manner chosen by the requester, 59
97-including, but not limited to, an electronic format, submission 60
98-through a patient's electronic personal health record, or access 61
99-through a web-based patient portal if the service provider 62
100-maintains a patient portal. 63
101- Section 2. Subsections (4) through (11) of section 64
102-395.3025, Florida Statutes, are renumbered as subsections (2) 65
103-through (9), respectively, and subsections (1), (2), and (3), 66
104-paragraph (e) of present subsection (4), paragraph (a) of 67
105-present subsection (7), and present subsection (8) of that 68
106-section, are amended to read: 69
107- 395.3025 Patient and personnel records; copy costs copies; 70
108-examination.— 71
109- (1) Any licensed facility shall, upon written request, and 72
110-only after discharge of the patient, furnish, in a timely 73
111-manner, without delays for legal review, to any person admitted 74
112-therein for care and treatment or treated thereat, or to any 75
96+requested records in the manner chosen by the requester which 59
97+must include electronic format, access through a web -based 60
98+patient portal, or submission through a patient's elect ronic 61
99+personal health record. 62
100+ Section 2. Subsections (4) through (11) of section 63
101+395.3025, Florida Statutes, are renumbered as subsections (2) 64
102+through (9), respectively, and subsections (1), (2), and (3), 65
103+paragraph (e) of present subsection (4), paragr aph (a) of 66
104+present subsection (7), and present subsection (8) of that 67
105+section, are amended to read: 68
106+ 395.3025 Patient and personnel records; copy costs copies; 69
107+examination.— 70
108+ (1) Any licensed facility shall, upon written request, and 71
109+only after discharge of the patient, furnish, in a timely 72
110+manner, without delays for legal review, to any person admitted 73
111+therein for care and treatment or treated thereat, or to any 74
112+such person's guardian, curator, or personal representative, or 75
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121121 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
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125-such person's guardian, curator, or personal representative, or 76
126-in the absence of one of those persons, to the next of kin of a 77
127-decedent or the parent of a minor, or to anyone designated by 78
128-such person in writing, a true and correct copy of all patient 79
129-records, including X rays, and insuranc e information concerning 80
130-such person, which records are in the possession of the licensed 81
131-facility, provided the person requesting such records agrees to 82
132-pay a charge. The exclusive charge for copies of patient records 83
133-may include sales tax and actual post age, and, except for 84
134-nonpaper records that are subject to a charge not to exceed $2, 85
135-may not exceed $1 per page. A fee of up to $1 may be charged for 86
136-each year of records requested. These charges shall apply to all 87
137-records furnished, whether directly from the facility or from a 88
138-copy service providing these services on behalf of the facility. 89
139-However, a patient whose records are copied or searched for the 90
140-purpose of continuing to receive medical care is not required to 91
141-pay a charge for copying or for the sea rch. The licensed 92
142-facility shall further allow any such person to examine the 93
143-original records in its possession, or microforms or other 94
144-suitable reproductions of the records, upon such reasonable 95
145-terms as shall be imposed to assure that the records will n ot be 96
146-damaged, destroyed, or altered. 97
147- (2) This section does not apply to records maintained at 98
148-any licensed facility the primary function of which is to 99
149-provide psychiatric care to its patients, or to records of 100
125+in the absence of one of thos e persons, to the next of kin of a 76
126+decedent or the parent of a minor, or to anyone designated by 77
127+such person in writing, a true and correct copy of all patient 78
128+records, including X rays, and insurance information concerning 79
129+such person, which records are i n the possession of the licensed 80
130+facility, provided the person requesting such records agrees to 81
131+pay a charge. The exclusive charge for copies of patient records 82
132+may include sales tax and actual postage, and, except for 83
133+nonpaper records that are subject to a charge not to exceed $2, 84
134+may not exceed $1 per page. A fee of up to $1 may be charged for 85
135+each year of records requested. These charges shall apply to all 86
136+records furnished, whether directly from the facility or from a 87
137+copy service providing these servi ces on behalf of the facility. 88
138+However, a patient whose records are copied or searched for the 89
139+purpose of continuing to receive medical care is not required to 90
140+pay a charge for copying or for the search. The licensed 91
141+facility shall further allow any such p erson to examine the 92
142+original records in its possession, or microforms or other 93
143+suitable reproductions of the records, upon such reasonable 94
144+terms as shall be imposed to assure that the records will not be 95
145+damaged, destroyed, or altered. 96
146+ (2) This section does not apply to records maintained at 97
147+any licensed facility the primary function of which is to 98
148+provide psychiatric care to its patients, or to records of 99
149+treatment for any mental or emotional condition at any other 100
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158158 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
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162-treatment for any mental or emotional cond ition at any other 101
163-licensed facility which are governed by the provisions of s. 102
164-394.4615. 103
165- (3) This section does not apply to records of substance 104
166-abuse impaired persons, which are governed by s. 397.501. 105
167- (2)(4) Patient records are confidential and must not be 106
168-disclosed without the consent of the patient or his or her legal 107
169-representative, but appropriate disclosure may be made without 108
170-such consent to: 109
171- (e) The Department of Health agency upon subpoena issued 110
172-pursuant to s. 456.071, but the records obta ined thereby must be 111
173-used solely for the purpose of the department agency and the 112
174-appropriate professional board in its investigation, 113
175-prosecution, and appeal of disciplinary proceedings. If the 114
176-department agency requests copies of the records, the facilit y 115
177-shall charge no more than its actual copying costs, including 116
178-reasonable staff time. The records must be sealed and must not 117
179-be available to the public pursuant to s. 119.07(1) or any other 118
180-statute providing access to records, nor may they be available 119
181-to the public as part of the record of investigation for and 120
182-prosecution in disciplinary proceedings made available to the 121
183-public by the department agency or the appropriate regulatory 122
184-board. However, the department agency must make available, upon 123
185-written request by a practitioner against whom probable cause 124
186-has been found, any such records that form the basis of the 125
162+licensed facility which are governed b y the provisions of s. 101
163+394.4615. 102
164+ (3) This section does not apply to records of substance 103
165+abuse impaired persons, which are governed by s. 397.501. 104
166+ (2)(4) Patient records are confidential and must not be 105
167+disclosed without the consent of the patient or h is or her legal 106
168+representative, but appropriate disclosure may be made without 107
169+such consent to: 108
170+ (e) The Department of Health agency upon subpoena issued 109
171+pursuant to s. 456.071, but the records obtained thereby must be 110
172+used solely for the purpose of the department agency and the 111
173+appropriate professional board in its investigation, 112
174+prosecution, and appeal of disciplinary proceedings. If the 113
175+department agency requests copies of the records, the facility 114
176+shall charge no more than its actual copying costs, inc luding 115
177+reasonable staff time. The records must be sealed and must not 116
178+be available to the public pursuant to s. 119.07(1) or any other 117
179+statute providing access to records, nor may they be available 118
180+to the public as part of the record of investigation for a nd 119
181+prosecution in disciplinary proceedings made available to the 120
182+public by the department agency or the appropriate regulatory 121
183+board. However, the department agency must make available, upon 122
184+written request by a practitioner against whom probable cause 123
185+has been found, any such records that form the basis of the 124
186+determination of probable cause. 125
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195195 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
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199-determination of probable cause. 126
200- (5)(7)(a) If the content of any record of patient 127
201-treatment is provided under this section, the recipient , if 128
202-other than the patient or the patient's representative, may use 129
203-such information only for the purpose provided and may not 130
204-further disclose any information to any other person or entity, 131
205-unless expressly permitted by the written consent of the 132
206-patient. A general authorization for the release of medical 133
207-information is not sufficient for this purpose. The content of 134
208-such patient treatment record is confidential and exempt from 135
209-the provisions of s. 119.07(1) and s. 24(a), Art. I of the State 136
210-Constitution. 137
211- (6)(8) Patient records at hospitals and ambulatory 138
212-surgical centers are exempt from disclosure under s. 119.07(1), 139
213-except as provided by subsections (2) and (3) (1)-(5). 140
214- Section 3. Paragraphs (a) through (j) of subsection (7) of 141
215-section 397.501, Florida Statutes, are redesignated as 142
216-paragraphs (c) through (l), respectively, and new paragraphs (a) 143
217-and (b) are added to that subsection, to read: 144
218- 397.501 Rights of individuals. —Individuals receiving 145
219-substance abuse services from any service provider are 146
220-guaranteed protection of the rights specified in this section, 147
221-unless otherwise expressly provided, and service providers must 148
222-ensure the protection of such rights. 149
223- (7) RIGHT TO ACCESS AND CONFIDENTIALITY OF INDIVIDUAL 150
199+ (5)(7)(a) If the content of any record of patient 126
200+treatment is provided under this section, the recipient , if 127
201+other than the patient or the patient's representative , may use 128
202+such information only for the purpose provided and may not 129
203+further disclose any information to any other person or entity, 130
204+unless expressly permitted by the written consent of the 131
205+patient. A general authorization for the release of medical 132
206+information is not sufficient for this purpose. The content of 133
207+such patient treatment record is confidential and exempt from 134
208+the provisions of s. 119.07(1) and s. 24(a), Art. I of the State 135
209+Constitution. 136
210+ (6)(8) Patient records at hospitals and ambulatory 137
211+surgical centers are exempt from disclosure under s. 119.07(1), 138
212+except as provided by subsections (2) and (3) (1)-(5). 139
213+ Section 3. Paragraphs (a) through (j) of subsection (7) of 140
214+section 397.501, Florida Statutes, are redesignated as 141
215+paragraphs (c) through ( l), respectively, and new paragraphs (a) 142
216+and (b) are added to that subsection, to read: 143
217+ 397.501 Rights of individuals. —Individuals receiving 144
218+substance abuse services from any service provider are 145
219+guaranteed protection of the rights specified in this section, 146
220+unless otherwise expressly provided, and service providers must 147
221+ensure the protection of such rights. 148
222+ (7) RIGHT TO ACCESS AND CONFIDENTIALITY OF INDIVIDUAL 149
223+RECORDS.— 150
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232232 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
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236-RECORDS.— 151
237- (a) Within 14 worki ng days after receiving a written 152
238-request from an individual or an individual's legal 153
239-representative, a service provider shall furnish a true and 154
240-correct copy of all records in the possession of the service 155
241-provider. The service provider may furnish the re quested records 156
242-in paper form or, upon request, in an electronic format. A 157
243-service provider that maintains an electronic health record 158
244-system shall furnish the requested records in the manner chosen 159
245-by the requester, including, but not limited to, an elect ronic 160
246-format, submission through a patient's electronic personal 161
247-health record, or access through a web -based patient portal if 162
248-the service provider maintains a patient portal. For purposes of 163
249-this section, the term "legal representative" has the same 164
250-meaning as provided in s. 408.833(1). 165
251- (b) Within 10 working days after receiving such a request 166
252-from an individual or an individual's legal representative, a 167
253-service provider shall provide access to examine the original 168
254-records in its possession, or microfor ms or other suitable 169
255-reproductions of the records. The service provider may impose 170
256-any reasonable terms necessary to ensure that the records will 171
257-not be damaged, destroyed, or altered. 172
258- Section 4. Subsection (1) of section 400.145, Florida 173
259-Statutes, is amended to read: 174
260- 400.145 Copies of records of care and treatment of 175
236+ (a) Within 14 working days after receiving a written 151
237+request from an individu al or an individual's legal 152
238+representative, a service provider shall furnish a true and 153
239+correct copy of all records in the possession of the service 154
240+provider. The service provider may furnish the requested records 155
241+in paper form or, upon request, in an elec tronic format. A 156
242+service provider that maintains an electronic health record 157
243+system shall furnish the requested records in the manner chosen 158
244+by the requester which must include electronic format, access 159
245+through a web-based patient portal, or submission thr ough a 160
246+patient's electronic personal health record. For purposes of 161
247+this section, the term "legal representative" has the same 162
248+meaning as provided in s. 408.833(1). 163
249+ (b) Within 10 working days after receiving such a request 164
250+from an individual or an indivi dual's legal representative, a 165
251+service provider shall provide access to examine the original 166
252+records in its possession, or microforms or other suitable 167
253+reproductions of the records. The service provider may impose 168
254+any reasonable terms necessary to ensure t hat the records will 169
255+not be damaged, destroyed, or altered. 170
256+ Section 4. Subsection (1) of section 400.145, Florida 171
257+Statutes, is amended to read: 172
258+ 400.145 Copies of records of care and treatment of 173
259+resident.— 174
260+ (1) Upon receipt of a written request that complies with 175
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269269 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
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273-resident.— 176
274- (1) Upon receipt of a written request that complies with 177
275-the federal Health Insurance Portability and Accountability Act 178
276-of 1996 (HIPAA) and this section, a nursing home fac ility shall 179
277-furnish to a competent resident, or to a representative of that 180
278-resident who is authorized to make requests for the resident's 181
279-records under HIPAA or subsection (2), copies of the resident's 182
280-paper and electronic records that are in possession o f the 183
281-facility. Such records must include any medical records and 184
282-records concerning the care and treatment of the resident 185
283-performed by the facility, except for progress notes and 186
284-consultation report sections of a psychiatric nature. The 187
285-facility shall provide a resident with access to the requested 188
286-records within 24 hours, excluding weekends and holidays, and 189
287-provide copies of the requested records within 2 14 working days 190
288-after receipt of a request relating to a current resident or 191
289-within 30 working days after receipt of a request relating to a 192
290-former resident. 193
291- Section 5. Section 408.833, Florida Statutes, is created 194
292-to read: 195
293- 408.833 Client access to medical records. — 196
294- (1) For purposes of this section, the term "legal 197
295-representative" means an attorney who has been designated by a 198
296-client to receive copies of the client's medical, care and 199
297-treatment, or interdisciplinary records; a legally recognized 200
273+the federal Health Insurance Portability and Accountability Act 176
274+of 1996 (HIPAA) and this section, a nursing home facility shall 177
275+furnish to a competent resident, or to a representative of that 178
276+resident who is authorized to make requests for t he resident's 179
277+records under HIPAA or subsection (2), copies of the resident's 180
278+paper and electronic records that are in possession of the 181
279+facility. Such records must include any medical records and 182
280+records concerning the care and treatment of the resident 183
281+performed by the facility, except for progress notes and 184
282+consultation report sections of a psychiatric nature. The 185
283+facility shall provide a resident with access to the requested 186
284+records within 24 hours, excluding weekends and holidays, and 187
285+provide copies of the requested records within 2 14 working days 188
286+after receipt of a request relating to a current resident or 189
287+within 30 working days after receipt of a request relating to a 190
288+former resident. 191
289+ Section 5. Section 408.833, Florida Statutes, is created 192
290+to read: 193
291+ 408.833 Client access to medical records. — 194
292+ (1) For purposes of this section, the term "legal 195
293+representative" means an attorney who has been designated by a 196
294+client to receive copies of the client's medical, care and 197
295+treatment, or interdisciplinary records; a legally recognized 198
296+guardian of the client; a court -appointed representative of the 199
297+client; or a person designated by the client or by a court of 200
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306306 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
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310-guardian of the clien t; a court-appointed representative of the 201
311-client; or a person designated by the client or by a court of 202
312-competent jurisdiction to receive copies of the client's 203
313-medical, care and treatment, or interdisciplinary records. 204
314- (2) Within 14 working days after receiving a written 205
315-request from a client or client's legal representative, a 206
316-provider shall furnish a true and correct copy of all records, 207
317-including medical, care and treatment, and interdisciplinary 208
318-records, as applicable, in the possession of the provi der. A 209
319-provider may furnish the requested records in paper form or, 210
320-upon request, in an electronic format. A provider that maintains 211
321-an electronic health record system shall furnish the requested 212
322-records in the manner chosen by the requester, including, bu t 213
323-not limited to, an electronic format, submission through a 214
324-patient's electronic personal health record, or access through a 215
325-web-based patient portal if the service provider maintains a 216
326-patient portal. 217
327- (3) Within 10 working days after receiving a reques t from 218
328-a client or a client's legal representative, a provider shall 219
329-provide access to examine the original records in its 220
330-possession, or microforms or other suitable reproductions of the 221
331-records. A provider may impose any reasonable terms necessary to 222
332-ensure that the records will not be damaged, destroyed, or 223
333-altered. 224
334- (4) This section does not apply to: 225
310+competent jurisdiction to receive copies of the client's 201
311+medical, care and treatment, or interdisci plinary records. 202
312+ (2) Within 14 working days after receiving a written 203
313+request from a client or client's legal representative, a 204
314+provider shall furnish a true and correct copy of all records, 205
315+including medical, care and treatment, and interdisciplinary 206
316+records, as applicable, in the possession of the provider. A 207
317+provider may furnish the requested records in paper form or, 208
318+upon request, in an electronic format. A provider that maintains 209
319+an electronic health record system shall furnish the requested 210
320+records in the manner chosen by the requester which must include 211
321+electronic format, access through a web -based patient portal, or 212
322+submission through a patient's electronic personal health 213
323+record. 214
324+ (3) Within 10 working days after receiving a request from 215
325+a client or a client's legal representative, a provider shall 216
326+provide access to examine the original records in its 217
327+possession, or microforms or other suitable reproductions of the 218
328+records. A provider may impose any reasonable terms necessary to 219
329+ensure that the records will not be damaged, destroyed, or 220
330+altered. 221
331+ (4) This section does not apply to: 222
332+ (a) Records maintained at a licensed facility, as defined 223
333+in s. 395.002, the primary function of which is to provide 224
334+psychiatric care to its patients, or to records o f treatment for 225
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343343 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
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347- (a) Records maintained at a licensed facility, as defined 226
348-in s. 395.002, the primary function of which is to provide 227
349-psychiatric care to its patients, or to records of treatment for 228
350-any mental or emotional condition at any other licensed facility 229
351-which are governed by s. 394.4615; 230
352- (b) Records of substance abuse impaired persons which are 231
353-governed by s. 397.501; or 232
354- (c) Records of a resident of a nursi ng home facility. 233
355- Section 6. Subsection (6) of section 456.057, Florida 234
356-Statutes, is amended to read: 235
357- 456.057 Ownership and control of patient records; report 236
358-or copies of records to be furnished; disclosure of 237
359-information.— 238
360- (6)(a) Any health care practitioner licensed by the 239
361-department or a board within the department who makes a physical 240
362-or mental examination of, or administers treatment or dispenses 241
363-legend drugs to, any patient person shall, upon request of such 242
364-patient person or the patient's person's legal representative, 243
365-furnish, within 14 working days after such request in a timely 244
366-manner, without delays for legal review , copies of all reports 245
367-and records relating to such examination or treatment, including 246
368-X rays and insurance information. A health care practitioner may 247
369-furnish the requested reports and records in paper form or, upon 248
370-request, in an electronic format. A health care practitioner who 249
371-maintains an electronic health record system shall furnish the 250
347+any mental or emotional condition at any other licensed facility 226
348+which are governed by s. 394.4615; 227
349+ (b) Records of substance abuse impaired persons which are 228
350+governed by s. 397.501; or 229
351+ (c) Records of a resident of a nursing home facilit y. 230
352+ Section 6. Subsection (6) of section 456.057, Florida 231
353+Statutes, is amended to read: 232
354+ 456.057 Ownership and control of patient records; report 233
355+or copies of records to be furnished; disclosure of 234
356+information.— 235
357+ (6)(a) Any health care practitioner li censed by the 236
358+department or a board within the department who makes a physical 237
359+or mental examination of, or administers treatment or dispenses 238
360+legend drugs to, any patient person shall, upon request of such 239
361+patient person or the patient's person's legal representative, 240
362+furnish, within 14 working days after such request in a timely 241
363+manner, without delays for legal review , copies of all reports 242
364+and records relating to such examination or treatment, including 243
365+X rays and insurance information. A health care practitioner may 244
366+furnish the requested reports and records in paper form or, upon 245
367+request, in an electronic format. A health care practitioner who 246
368+maintains an electronic health record system shall furnish the 247
369+requested reports and records in the manner chose n by the 248
370+requester which must include electronic format, access through a 249
371+web-based patient portal, or submission through a patient's 250
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380380 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
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384-requested reports and records in t he manner chosen by the 251
385-requester, including, but not limited to, an electronic format, 252
386-submission through a patient's electronic personal health 253
387-record, or access through a web -based patient portal if the 254
388-service provider maintains a patient portal. For p urposes of 255
389-this section, the term "legal representative" means a patient's 256
390-attorney who has been designated by the patient to receive 257
391-copies of the patient's medical records, a legally recognized 258
392-guardian of the patient, a court -appointed representative of the 259
393-patient, or any other person designated by the patient or by a 260
394-court of competent jurisdiction to receive copies of the 261
395-patient's medical records. 262
396- (b) Within 10 working days after receiving a written 263
397-request by a patient or a patient's legal represe ntative, a 264
398-healthcare practitioner must provide access to examine the 265
399-original reports and records, or microforms or other suitable 266
400-reproductions of the reports and records in the healthcare 267
401-practitioner's possession. The healthcare practitioner may 268
402-impose any reasonable terms necessary to ensure that the reports 269
403-and records will not be damaged, destroyed, or altered. 270
404- (c) However, When a patient's psychiatric, chapter 490 271
405-psychological, or chapter 491 psychotherapeutic records are 272
406-requested by the patient or the patient's legal representative, 273
407-the health care practitioner may provide a report of examination 274
408-and treatment in lieu of copies of records. Upon a patient's 275
384+electronic personal health record. For purposes of this section, 251
385+the term "legal representative" means a patient's attorne y who 252
386+has been designated by the patient to receive copies of the 253
387+patient's medical records, a legally recognized guardian of the 254
388+patient, a court-appointed representative of the patient, or any 255
389+other person designated by the patient or by a court of 256
390+competent jurisdiction to receive copies of the patient's 257
391+medical records. 258
392+ (b) Within 10 working days after receiving a written 259
393+request by a patient or a patient's legal representative, a 260
394+healthcare practitioner must provide access to examine the 261
395+original reports and records, or microforms or other suitable 262
396+reproductions of the reports and records in the healthcare 263
397+practitioner's possession. The healthcare practitioner may 264
398+impose any reasonable terms necessary to ensure that the reports 265
399+and records will not be damaged, destroyed, or altered. 266
400+ (c) However, When a patient's psychiatric, chapter 490 267
401+psychological, or chapter 491 psychotherapeutic records are 268
402+requested by the patient or the patient's legal representative, 269
403+the health care practitioner may provide a report of examination 270
404+and treatment in lieu of copies of records. Upon a patient's 271
405+written request, complete copies of the patient's psychiatric 272
406+records shall be provided directly to a subsequent treating 273
407+psychiatrist. The furnishing of such report or cop ies may shall 274
408+not be conditioned upon payment of a fee for services rendered. 275
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417417 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
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421-written request, complete copies of the patient's psychiatric 276
422-records shall be provided di rectly to a subsequent treating 277
423-psychiatrist. The furnishing of such report or copies may shall 278
424-not be conditioned upon payment of a fee for services rendered. 279
425- Section 7. Paragraph (f) of subsection (1) of section 280
426-316.1932, Florida Statutes, is amended to read: 281
427- 316.1932 Tests for alcohol, chemical substances, or 282
428-controlled substances; implied consent; refusal. — 283
429- (1) 284
430- (f)1. The tests determining the weight of alcohol in the 285
431-defendant's blood or breath shall be administered at the request 286
432-of a law enforcement officer substantially in accordance with 287
433-rules of the Department of Law Enforcement. Such rules must 288
434-specify precisely the test or tests that are approved by the 289
435-Department of Law Enforcement for reliability of result and ease 290
436-of administration, an d must provide an approved method of 291
437-administration which must be followed in all such tests given 292
438-under this section. However, the failure of a law enforcement 293
439-officer to request the withdrawal of blood does not affect the 294
440-admissibility of a test of blood withdrawn for medical purposes. 295
441- 2.a. Only a physician, certified paramedic, registered 296
442-nurse, licensed practical nurse, other personnel authorized by a 297
443-hospital to draw blood, or duly licensed clinical laboratory 298
444-director, supervisor, technologist, or t echnician, acting at the 299
445-request of a law enforcement officer, may withdraw blood for the 300
421+ Section 7. Paragraph (f) of subsection (1) of section 276
422+316.1932, Florida Statutes, is amended to read: 277
423+ 316.1932 Tests for alcohol, chemical substances, or 278
424+controlled substances; implied consent; refusal. — 279
425+ (1) 280
426+ (f)1. The tests determining the weight of alcohol in the 281
427+defendant's blood or breath shall be administered at the request 282
428+of a law enforcement officer substantially in accordance with 283
429+rules of the Department of Law En forcement. Such rules must 284
430+specify precisely the test or tests that are approved by the 285
431+Department of Law Enforcement for reliability of result and ease 286
432+of administration, and must provide an approved method of 287
433+administration which must be followed in all such tests given 288
434+under this section. However, the failure of a law enforcement 289
435+officer to request the withdrawal of blood does not affect the 290
436+admissibility of a test of blood withdrawn for medical purposes. 291
437+ 2.a. Only a physician, certified paramedic, reg istered 292
438+nurse, licensed practical nurse, other personnel authorized by a 293
439+hospital to draw blood, or duly licensed clinical laboratory 294
440+director, supervisor, technologist, or technician, acting at the 295
441+request of a law enforcement officer, may withdraw blood for the 296
442+purpose of determining its alcoholic content or the presence of 297
443+chemical substances or controlled substances therein. However, 298
444+the failure of a law enforcement officer to request the 299
445+withdrawal of blood does not affect the admissibility of a test 300
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454454 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
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456456
457457
458-purpose of determining its alcoholic content or the presence of 301
459-chemical substances or controlled substances therein. However, 302
460-the failure of a law enforcement office r to request the 303
461-withdrawal of blood does not affect the admissibility of a test 304
462-of blood withdrawn for medical purposes. 305
463- b. Notwithstanding any provision of law pertaining to the 306
464-confidentiality of hospital records or other medical records, if 307
465-a health care provider, who is providing medical care in a 308
466-health care facility to a person injured in a motor vehicle 309
467-crash, becomes aware, as a result of any blood test performed in 310
468-the course of that medical treatment, that the person's blood -311
469-alcohol level meets or exceeds the blood -alcohol level specified 312
470-in s. 316.193(1)(b), the health care provider may notify any law 313
471-enforcement officer or law enforcement agency. Any such notice 314
472-must be given within a reasonable time after the health care 315
473-provider receives the test result. Any such notice shall be used 316
474-only for the purpose of providing the law enforcement officer 317
475-with reasonable cause to request the withdrawal of a blood 318
476-sample pursuant to this section. 319
477- c. The notice shall consist only of the name of the pers on 320
478-being treated, the name of the person who drew the blood, the 321
479-blood-alcohol level indicated by the test, and the date and time 322
480-of the administration of the test. 323
481- d. Nothing contained in s. 395.3025(2) s. 395.3025(4), s. 324
482-456.057, or any applicable practice act affects the authority to 325
458+of blood withdrawn for medical purposes. 301
459+ b. Notwithstanding any provision of law pertaining to the 302
460+confidentiality of hospital records or other medical records, if 303
461+a health care provider, who is providing medical care in a 304
462+health care facility to a person injured in a motor vehicle 305
463+crash, becomes aware, as a result of any blood test performed in 306
464+the course of that medical treatment, that the person's blood -307
465+alcohol level meets or exceeds the blood -alcohol level specified 308
466+in s. 316.193(1)(b), the health care provider may notify any law 309
467+enforcement officer or law enforcement agency. Any such notice 310
468+must be given within a reasonable time after the health care 311
469+provider receives the test result. Any such notice shall be used 312
470+only for the purpose of providing the law enforcement officer 313
471+with reasonable cause to request the withdrawal of a blood 314
472+sample pursuant to this section. 315
473+ c. The notice shall consist only of the name of the person 316
474+being treated, the name of the person who drew the blood, the 317
475+blood-alcohol level indicated by the test, and the date and time 318
476+of the administration of the test. 319
477+ d. Nothing contained in s. 395.3025(2) s. 395.3025(4), s. 320
478+456.057, or any applicable practice act affects the authority to 321
479+provide notice under this section, and the healt h care provider 322
480+is not considered to have breached any duty owed to the person 323
481+under s. 395.3025(2) s. 395.3025(4), s. 456.057, or any 324
482+applicable practice act by providing notice or failing to 325
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491491 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
492492
493493
494494
495-provide notice under this section, and the health care provider 326
496-is not considered to have breached any duty owed to the person 327
497-under s. 395.3025(2) s. 395.3025(4), s. 456.057, or any 328
498-applicable practice act by providing notice or failing to 329
499-provide notice. It shall not be a breach of any ethical, moral, 330
500-or legal duty for a health care provider to provide notice or 331
501-fail to provide notice. 332
502- e. A civil, criminal, or administrative action ma y not be 333
503-brought against any person or health care provider participating 334
504-in good faith in the provision of notice or failure to provide 335
505-notice as provided in this section. Any person or health care 336
506-provider participating in the provision of notice or fail ure to 337
507-provide notice as provided in this section shall be immune from 338
508-any civil or criminal liability and from any professional 339
509-disciplinary action with respect to the provision of notice or 340
510-failure to provide notice under this section. Any such 341
511-participant has the same immunity with respect to participating 342
512-in any judicial proceedings resulting from the notice or failure 343
513-to provide notice. 344
514- 3. The person tested may, at his or her own expense, have 345
515-a physician, registered nurse, other personnel authorized by a 346
516-hospital to draw blood, or duly licensed clinical laboratory 347
517-director, supervisor, technologist, or technician, or other 348
518-person of his or her own choosing administer an independent test 349
519-in addition to the test administered at the direction of the law 350
495+provide notice. It shall not be a breach of any ethical, moral, 326
496+or legal duty for a health care provider to provide notice or 327
497+fail to provide notice. 328
498+ e. A civil, criminal, or administrative action may not be 329
499+brought against any person or health care provider participating 330
500+in good faith in the provision of notice or failure to provide 331
501+notice as provided in this section. Any person or health care 332
502+provider participating in the provision of notice or failure to 333
503+provide notice as provided in this section shall be immune from 334
504+any civil or criminal liability and from any pr ofessional 335
505+disciplinary action with respect to the provision of notice or 336
506+failure to provide notice under this section. Any such 337
507+participant has the same immunity with respect to participating 338
508+in any judicial proceedings resulting from the notice or failur e 339
509+to provide notice. 340
510+ 3. The person tested may, at his or her own expense, have 341
511+a physician, registered nurse, other personnel authorized by a 342
512+hospital to draw blood, or duly licensed clinical laboratory 343
513+director, supervisor, technologist, or technician, or other 344
514+person of his or her own choosing administer an independent test 345
515+in addition to the test administered at the direction of the law 346
516+enforcement officer for the purpose of determining the amount of 347
517+alcohol in the person's blood or breath or the prese nce of 348
518+chemical substances or controlled substances at the time 349
519+alleged, as shown by chemical analysis of his or her blood or 350
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528528 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
529529
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531531
532-enforcement officer for the purpose of determining the amount of 351
533-alcohol in the person's blood or breath or the presence of 352
534-chemical substances or controlled substances at the time 353
535-alleged, as shown by chemical analysis of his or her blood or 354
536-urine, or by chemical or physical test of his or her breath. The 355
537-failure or inability to obtain an independent test by a person 356
538-does not preclude the admissibility in evidence of the test 357
539-taken at the direction of the law enforcement officer. The law 358
540-enforcement officer shall not interfere with the person's 359
541-opportunity to obtain the independent test and shall provide the 360
542-person with timely telephone access to secure the test, but the 361
543-burden is on the person to arrange and secure the test at the 362
544-person's own expense. 363
545- 4. Upon the request of the person tested, full information 364
546-concerning the results of the test taken at the direction of the 365
547-law enforcement officer shall be made available to the person or 366
548-his or her attorney. Full information is limited to the 367
549-following: 368
550- a. The type of test administered and the procedures 369
551-followed. 370
552- b. The time of the collection of the blood or breath 371
553-sample analyzed. 372
554- c. The numerical results of the test indicating the 373
555-alcohol content of the blood and breath. 374
556- d. The type and status of any permit issued by the 375
532+urine, or by chemical or physical test of his or her breath. The 351
533+failure or inability to obtain an independent test by a person 352
534+does not preclude the admissibility in evidence of the test 353
535+taken at the direction of the law enforcement officer. The law 354
536+enforcement officer shall not interfere with the person's 355
537+opportunity to obtain the independent test and shall provide the 356
538+person with timely telephone access to secure the test, but the 357
539+burden is on the person to arrange and secure the test at the 358
540+person's own expense. 359
541+ 4. Upon the request of the person tested, full information 360
542+concerning the results of the test taken at the direction o f the 361
543+law enforcement officer shall be made available to the person or 362
544+his or her attorney. Full information is limited to the 363
545+following: 364
546+ a. The type of test administered and the procedures 365
547+followed. 366
548+ b. The time of the collection of the blood or breath 367
549+sample analyzed. 368
550+ c. The numerical results of the test indicating the 369
551+alcohol content of the blood and breath. 370
552+ d. The type and status of any permit issued by the 371
553+Department of Law Enforcement which was held by the person who 372
554+performed the test. 373
555+ e. If the test was administered by means of a breath 374
556+testing instrument, the date of performance of the most recent 375
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565565 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
566566
567567
568568
569-Department of Law Enforcement which was held by the person who 376
570-performed the test. 377
571- e. If the test was administered by means of a breath 378
572-testing instrument, the date of performance of the most recent 379
573-required inspection of such instrument. 380
574- 381
575-Full information does not include manuals, schematics, or 382
576-software of the instrument used to test the person or any other 383
577-material that is not in the actual possession of the state. 384
578-Additionally, full information does not include information in 385
579-the possession of the manufacturer of the test instrument. 386
580- 5. A hospital, clinical laboratory, medical clinic, or 387
581-similar medical institution or physician, certified paramedic, 388
582-registered nurse, licensed practical nurse, other personnel 389
583-authorized by a hospital to draw blood, or duly licensed 390
584-clinical laboratory director, supervisor, technologist, or 391
585-technician, or other person assisting a law enforcement officer 392
586-does not incur any civil or criminal liability as a result of 393
587-the withdrawal or analysis o f a blood or urine specimen, or the 394
588-chemical or physical test of a person's breath pursuant to 395
589-accepted medical standards when requested by a law enforcement 396
590-officer, regardless of whether or not the subject resisted 397
591-administration of the test. 398
592- Section 8. Paragraph (a) of subsection (2) of section 399
593-316.1933, Florida Statutes, is amended to read: 400
569+required inspection of such instrument. 376
570+ 377
571+Full information does not include manuals, schematics, or 378
572+software of the instrument used to test the pe rson or any other 379
573+material that is not in the actual possession of the state. 380
574+Additionally, full information does not include information in 381
575+the possession of the manufacturer of the test instrument. 382
576+ 5. A hospital, clinical laboratory, medical clinic, or 383
577+similar medical institution or physician, certified paramedic, 384
578+registered nurse, licensed practical nurse, other personnel 385
579+authorized by a hospital to draw blood, or duly licensed 386
580+clinical laboratory director, supervisor, technologist, or 387
581+technician, or other person assisting a law enforcement officer 388
582+does not incur any civil or criminal liability as a result of 389
583+the withdrawal or analysis of a blood or urine specimen, or the 390
584+chemical or physical test of a person's breath pursuant to 391
585+accepted medical standa rds when requested by a law enforcement 392
586+officer, regardless of whether or not the subject resisted 393
587+administration of the test. 394
588+ Section 8. Paragraph (a) of subsection (2) of section 395
589+316.1933, Florida Statutes, is amended to read: 396
590+ 316.1933 Blood test f or impairment or intoxication in 397
591+cases of death or serious bodily injury; right to use reasonable 398
592+force.— 399
593+ (2)(a) Only a physician, certified paramedic, registered 400
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602602 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
603603
604604
605605
606- 316.1933 Blood test for impairment or intoxication in 401
607-cases of death or serious bodily injury; right to use reasonable 402
608-force.— 403
609- (2)(a) Only a physician, certi fied paramedic, registered 404
610-nurse, licensed practical nurse, other personnel authorized by a 405
611-hospital to draw blood, or duly licensed clinical laboratory 406
612-director, supervisor, technologist, or technician, acting at the 407
613-request of a law enforcement officer, may withdraw blood for the 408
614-purpose of determining the alcoholic content thereof or the 409
615-presence of chemical substances or controlled substances 410
616-therein. However, the failure of a law enforcement officer to 411
617-request the withdrawal of blood shall not affect t he 412
618-admissibility of a test of blood withdrawn for medical purposes. 413
619- 1. Notwithstanding any provision of law pertaining to the 414
620-confidentiality of hospital records or other medical records, if 415
621-a health care provider, who is providing medical care in a 416
622-health care facility to a person injured in a motor vehicle 417
623-crash, becomes aware, as a result of any blood test performed in 418
624-the course of that medical treatment, that the person's blood -419
625-alcohol level meets or exceeds the blood -alcohol level specified 420
626-in s. 316.193(1)(b), the health care provider may notify any law 421
627-enforcement officer or law enforcement agency. Any such notice 422
628-must be given within a reasonable time after the health care 423
629-provider receives the test result. Any such notice shall be used 424
630-only for the purpose of providing the law enforcement officer 425
606+nurse, licensed practical nurse, other personnel authorized by a 401
607+hospital to draw blood, or duly licensed clinical laboratory 402
608+director, supervisor, technologist, or technician, acting at the 403
609+request of a law enforcement officer, may withdraw blood for the 404
610+purpose of determining the alcoholic content thereof or the 405
611+presence of chemical substances or controlled substances 406
612+therein. However, the failure of a law enforcement officer to 407
613+request the withdrawal of blood shall not affect the 408
614+admissibility of a test of blood withdrawn for medical purposes. 409
615+ 1. Notwithstanding any provision of law pertaini ng to the 410
616+confidentiality of hospital records or other medical records, if 411
617+a health care provider, who is providing medical care in a 412
618+health care facility to a person injured in a motor vehicle 413
619+crash, becomes aware, as a result of any blood test performed in 414
620+the course of that medical treatment, that the person's blood -415
621+alcohol level meets or exceeds the blood -alcohol level specified 416
622+in s. 316.193(1)(b), the health care provider may notify any law 417
623+enforcement officer or law enforcement agency. Any such notic e 418
624+must be given within a reasonable time after the health care 419
625+provider receives the test result. Any such notice shall be used 420
626+only for the purpose of providing the law enforcement officer 421
627+with reasonable cause to request the withdrawal of a blood 422
628+sample pursuant to this section. 423
629+ 2. The notice shall consist only of the name of the person 424
630+being treated, the name of the person who drew the blood, the 425
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639639 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
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643-with reasonable cause to request the withdrawal of a blood 426
644-sample pursuant to this section. 427
645- 2. The notice shall consist only of the name of the person 428
646-being treated, the name of the person who drew the blood, the 429
647-blood-alcohol level indicated by the test, and the date and time 430
648-of the administration of the test. 431
649- 3. Nothing contained in s. 395.3025(2) s. 395.3025(4), s. 432
650-456.057, or any applicable practice act affects the authority to 433
651-provide notice under this section, and the health care provider 434
652-is not considered to have breached any duty owed to the person 435
653-under s. 395.3025(2) s. 395.3025(4), s. 456.057, or any 436
654-applicable practice act by providing notice or failing to 437
655-provide notice. It shall not be a b reach of any ethical, moral, 438
656-or legal duty for a health care provider to provide notice or 439
657-fail to provide notice. 440
658- 4. A civil, criminal, or administrative action may not be 441
659-brought against any person or health care provider participating 442
660-in good faith in the provision of notice or failure to provide 443
661-notice as provided in this section. Any person or health care 444
662-provider participating in the provision of notice or failure to 445
663-provide notice as provided in this section shall be immune from 446
664-any civil or criminal liability and from any professional 447
665-disciplinary action with respect to the provision of notice or 448
666-failure to provide notice under this section. Any such 449
667-participant has the same immunity with respect to participating 450
643+blood-alcohol level indicated by the test, and the date and time 426
644+of the administration of the test. 427
645+ 3. Nothing contained in s. 395.3025(2) s. 395.3025(4), s. 428
646+456.057, or any applicable practice act affects the authority to 429
647+provide notice under this section, and the health care provider 430
648+is not considered to have breached any duty owed to the person 431
649+under s. 395.3025(2) s. 395.3025(4), s. 456.057, or any 432
650+applicable practice act by providing notice or failing to 433
651+provide notice. It shall not be a breach of any ethical, moral, 434
652+or legal duty for a health care provider to provide notice or 435
653+fail to provide notice. 436
654+ 4. A civil, criminal, or administrative action may not be 437
655+brought against any person or health care provider participating 438
656+in good faith in the provision of notice or failure to provide 439
657+notice as provided in this section. Any person or health care 440
658+provider participating in the provision of notice or failure to 441
659+provide notice as provided in this section shall be immune from 442
660+any civil or criminal liability and from any professional 443
661+disciplinary action with respect to the provision of notice or 444
662+failure to provide notice under this section. Any such 445
663+participant has the same immunity with respect to participating 446
664+in any judicial proceedings resulting from the notice or failure 447
665+to provide notice. 448
666+ Section 9. Subsection (13) of section 395.4025, Florida 449
667+Statutes, is amended to read: 450
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676676 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
677677
678678
679679
680-in any judicial proceedings resulti ng from the notice or failure 451
681-to provide notice. 452
682- Section 9. Subsection (13) of section 395.4025, Florida 453
683-Statutes, is amended to read: 454
684- 395.4025 Trauma centers; selection; quality assurance; 455
685-records.— 456
686- (13) Patient care, transport, or treatment recor ds or 457
687-reports, or patient care quality assurance proceedings, records, 458
688-or reports obtained or made pursuant to this section, s. 459
689-395.3025(2)(f) s. 395.3025(4)(f), s. 395.401, s. 395.4015, s. 460
690-395.402, s. 395.403, s. 395.404, s. 395.4045, s. 395.405, s. 461
691-395.50, or s. 395.51 must be held confidential by the department 462
692-or its agent and are exempt from the provisions of s. 119.07(1). 463
693-Patient care quality assurance proceedings, records, or reports 464
694-obtained or made pursuant to these sections are not subject to 465
695-discovery or introduction into evidence in any civil or 466
696-administrative action. 467
697- Section 10. Subsection (1) of section 429.294, Florida 468
698-Statutes, is amended to read: 469
699- 429.294 Availability of facility records for investigation 470
700-of resident's rights violations and defenses; penalty. — 471
701- (1) Failure to provide complete copies of a resident's 472
702-records, including, but not limited to, all medical records and 473
703-the resident's chart, within the control or possession of the 474
704-facility in accordance with s. 408.833 s. 400.145, shall 475
680+ 395.4025 Trauma centers; selection; quality assurance; 451
681+records.— 452
682+ (13) Patient care, transport, or treatment records or 453
683+reports, or patient care quality assurance proceedings, records, 454
684+or reports obtained or made pursuant to this se ction, s. 455
685+395.3025(2)(f) s. 395.3025(4)(f), s. 395.401, s. 395.4015, s. 456
686+395.402, s. 395.403, s. 395.404, s. 395.4045, s. 395.405, s. 457
687+395.50, or s. 395.51 must be held confidential by the department 458
688+or its agent and are exempt from the provisions of s. 119. 07(1). 459
689+Patient care quality assurance proceedings, records, or reports 460
690+obtained or made pursuant to these sections are not subject to 461
691+discovery or introduction into evidence in any civil or 462
692+administrative action. 463
693+ Section 10. Subsection (1) of section 4 00.0234, Florida 464
694+Statutes, is amended to read: 465
695+ 400.0234 Availability of facility records for 466
696+investigation of resident's rights violations and defenses; 467
697+penalty.— 468
698+ (1) Failure to provide complete copies of a resident's 469
699+records, including, but not limited to, all medical records and 470
700+the resident's chart, within the control or possession of the 471
701+facility in accordance with s. 408.833 s. 400.145 shall 472
702+constitute evidence of failure of that party to comply with good 473
703+faith discovery requirements and shall waive the good faith 474
704+certificate and presuit notice requirements under this part by 475
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713713 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
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717-constitute evidence of failure of that party to comply with good 476
718-faith discovery requirements and shall waive the good faith 477
719-certificate and presuit notice requirements under this part by 478
720-the requesting party. 479
721- Section 11. Subsection (4) of sec tion 440.185, Florida 480
722-Statutes, is amended to read: 481
723- 440.185 Notice of injury or death; reports; penalties for 482
724-violations.— 483
725- (4) Additional reports with respect to such injury and of 484
726-the condition of such employee, including copies of medical 485
727-reports, funeral expenses, and wage statements, shall be filed 486
728-by the employer or carrier to the department at such times and 487
729-in such manner as the department may prescribe by rule. In 488
730-carrying out its responsibilities under this chapter, the 489
731-department or agency may by rule provide for the obtaining of 490
732-any medical records relating to medical treatment provided 491
733-pursuant to this chapter, notwithstanding the provisions of ss. 492
734-90.503 and 395.3025(2) 395.3025(4). 493
735- Section 12. Subsection (3) of section 456.47, Florida 494
736-Statutes, is amended to read: 495
737- 456.47 Use of telehealth to provide services. — 496
738- (3) RECORDS.—A telehealth provider shall document in the 497
739-patient's medical record the health care services rendered using 498
740-telehealth according to the same standard as used for in -person 499
741-services. Medical records, including video, audio, electronic, 500
717+the requesting party. 476
718+ Section 11. Subsection (1) of section 429.294, Florida 477
719+Statutes, is amended to read: 478
720+ 429.294 Availability of facility records for investigation 479
721+of resident's rights violations and defenses; penalty. — 480
722+ (1) Failure to provide complete copies of a resident's 481
723+records, including, but not limited to, all medical recor ds and 482
724+the resident's chart, within the control or possession of the 483
725+facility in accordance with s. 408.833 s. 400.145, shall 484
726+constitute evidence of failure of that party to comply with good 485
727+faith discovery requirements and shall waive the good faith 486
728+certificate and presuit notice requirements under this part by 487
729+the requesting party. 488
730+ Section 12. Subsection (4) of section 440.185, Florida 489
731+Statutes, is amended to read: 490
732+ 440.185 Notice of injury or death; reports; penalties for 491
733+violations.— 492
734+ (4) Additional reports with respect to such injury and of 493
735+the condition of such employee, including copies of medical 494
736+reports, funeral expenses, and wage statements, shall be filed 495
737+by the employer or carrier to the department at such times and 496
738+in such manner as the department may prescribe by rule. In 497
739+carrying out its responsibilities under this chapter, the 498
740+department or agency may by rule provide for the obtaining of 499
741+any medical records relating to medical treatment provided 500
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754-or other records generated as a result of providing such 501
755-services, are confidential pursuant to ss. 395.3025(2) and 502
756-456.057 ss. 395.3025(4) and 456.057 . 503
757- Section 13. This act shall take effect January 1, 2026. 504
754+pursuant to this chapter, not withstanding the provisions of ss. 501
755+90.503 and 395.3025(2) 395.3025(4). 502
756+ Section 13. Subsection (3) of section 456.47, Florida 503
757+Statutes, is amended to read: 504
758+ 456.47 Use of telehealth to provide services. — 505
759+ (3) RECORDS.—A telehealth provider shall docum ent in the 506
760+patient's medical record the health care services rendered using 507
761+telehealth according to the same standard as used for in -person 508
762+services. Medical records, including video, audio, electronic, 509
763+or other records generated as a result of providing s uch 510
764+services, are confidential pursuant to ss. 395.3025(2) and 511
765+456.057 ss. 395.3025(4) and 456.057 . 512
766+ Section 14. This act shall take effect July 1, 2025. 513