Florida Senate - 2025 SB 1606 By Senator Grall 29-01058A-25 20251606__ 1 A bill to be entitled 2 An act relating to patient access to records; amending 3 s. 394.4615, F.S.; requiring a service provider to 4 furnish and provide access to records within a 5 specified timeframe after receiving a request for such 6 records; requiring that certain service providers 7 furnish such records in the manner chosen by the 8 requester; amending s. 395.3025, F.S.; removing 9 provisions requiring a licensed facility to furnish 10 patient records only after discharge to conform to 11 changes made by the act; revising provisions relating 12 to the appropriate disclosure of patient records 13 without consent; amending s. 397.501, F.S.; requiring 14 a service provider to furnish and provide access to 15 records within a specified timeframe after receiving a 16 request from an individual or the individuals legal 17 representative; requiring that certain service 18 providers furnish such records in the manner chosen by 19 the requester; amending s. 400.145, F.S.; revising the 20 timeframe within which a nursing home facility must 21 provide access to and copies of resident records after 22 receiving a request for such records; creating s. 23 408.833, F.S.; defining the term legal 24 representative; requiring a provider to furnish and 25 provide access to records within a specified timeframe 26 after receiving a request from a client or the 27 clients legal representative; requiring that certain 28 providers furnish such records in the manner chosen by 29 the requester; authorizing a provider to impose 30 reasonable terms necessary to preserve such records; 31 providing exceptions; amending s. 456.057, F.S.; 32 requiring certain licensed health care practitioners 33 to furnish and provide access to copies of reports and 34 records within a specified timeframe after receiving a 35 request from a patient or the patients legal 36 representative; requiring that certain licensed health 37 care practitioners furnish such reports and records in 38 the manner chosen by the requester; defining the term 39 legal representative; authorizing such licensed 40 health care practitioners to impose reasonable terms 41 necessary to preserve such reports and records; 42 amending ss. 316.1932, 316.1933, 395.4025, 400.0234, 43 429.294, 440.185, and 456.47, F.S.; conforming cross 44 references; providing an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1.Subsections (3) through (12) of section 49 394.4615, Florida Statutes, are renumbered as subsections (4) 50 through (13), respectively, and a new subsection (3) is added to 51 that section, to read: 52 394.4615Clinical records; confidentiality. 53 (3)Within 14 working days after receiving a request made 54 in accordance with paragraphs (2)(a)-(c), a service provider 55 must furnish clinical records in its possession. A service 56 provider may furnish the requested records in paper form or, 57 upon request, in an electronic format. A service provider who 58 maintains an electronic health record system shall furnish the 59 requested records in the manner chosen by the requester which 60 must include electronic format, access through a web-based 61 patient portal, or submission through a patients electronic 62 personal health record. 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: 69 395.3025Patient 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 such persons 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 insurance 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 postage, 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 search. 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 not 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 treatment for any mental or emotional condition 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 obtained 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 facility 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 determination of probable cause. 126 (5)(a)(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 patients 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 surgical 138 centers are exempt from disclosure under s. 119.07(1), except as 139 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: 144 397.501Rights 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 RECORDS. 151 (a)Within 14 working days after receiving a written 152 request from an individual or an individuals 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 requested 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 which must include electronic format, access 160 through a web-based patient portal, or submission through a 161 patients electronic personal health record. For purposes of 162 this section, the term legal representative has the same 163 meaning as provided in s. 408.833(1). 164 (b)Within 10 working days after receiving such a request 165 from an individual or an individuals legal representative, a 166 service provider shall provide access to examine the original 167 records in its possession, or microforms or other suitable 168 reproductions of the records. The service provider may impose 169 any reasonable terms necessary to ensure that the records will 170 not be damaged, destroyed, or altered. 171 Section 4.Subsection (1) of section 400.145, Florida 172 Statutes, is amended to read: 173 400.145Copies of records of care and treatment of 174 resident. 175 (1)Upon receipt of a written request that complies with 176 the federal Health Insurance Portability and Accountability Act 177 of 1996 (HIPAA) and this section, a nursing home facility shall 178 furnish to a competent resident, or to a representative of that 179 resident who is authorized to make requests for the residents 180 records under HIPAA or subsection (2), copies of the residents 181 paper and electronic records that are in possession of the 182 facility. Such records must include any medical records and 183 records concerning the care and treatment of the resident 184 performed by the facility, except for progress notes and 185 consultation report sections of a psychiatric nature. The 186 facility shall provide a resident with access to the requested 187 records within 24 hours, excluding weekends and holidays, and 188 provide copies of the requested records within 2 14 working days 189 after receipt of a request relating to a current resident or 190 within 30 working days after receipt of a request relating to a 191 former resident. 192 Section 5.Section 408.833, Florida Statutes, is created to 193 read: 194 408.833Client access to medical records. 195 (1)For purposes of this section, the term legal 196 representative means an attorney who has been designated by a 197 client to receive copies of the clients medical, care and 198 treatment, or interdisciplinary records; a legally recognized 199 guardian of the client; a court-appointed representative of the 200 client; or a person designated by the client or by a court of 201 competent jurisdiction to receive copies of the clients 202 medical, care and treatment, or interdisciplinary records. 203 (2)Within 14 working days after receiving a written 204 request from a client or clients legal representative, a 205 provider shall furnish a true and correct copy of all records, 206 including medical, care and treatment, and interdisciplinary 207 records, as applicable, in the possession of the provider. A 208 provider may furnish the requested records in paper form or, 209 upon request, in an electronic format. A provider that maintains 210 an electronic health record system shall furnish the requested 211 records in the manner chosen by the requester which must include 212 electronic format, access through a web-based patient portal, or 213 submission through a patients electronic personal health 214 record. 215 (3)Within 10 working days after receiving a request from a 216 client or a clients legal representative, a provider shall 217 provide access to examine the original records in its 218 possession, or microforms or other suitable reproductions of the 219 records. A provider may impose any reasonable terms necessary to 220 ensure that the records will not be damaged, destroyed, or 221 altered. 222 (4)This section does not apply to: 223 (a)Records maintained at a licensed facility, as defined 224 in s. 395.002, the primary function of which is to provide 225 psychiatric care to its patients, or to records of treatment for 226 any mental or emotional condition at any other licensed facility 227 which are governed by s. 394.4615; 228 (b)Records of substance abuse impaired persons which are 229 governed by s. 397.501; or 230 (c)Records of a resident of a nursing home facility. 231 Section 6.Subsection (6) of section 456.057, Florida 232 Statutes, is amended to read: 233 456.057Ownership and control of patient records; report or 234 copies of records to be furnished; disclosure of information. 235 (6)(a)Any health care practitioner licensed by the 236 department or a board within the department who makes a physical 237 or mental examination of, or administers treatment or dispenses 238 legend drugs to, any patient person shall, upon request of such 239 patient person or the patients persons legal representative, 240 furnish, within 14 working days after such request in a timely 241 manner, without delays for legal review, copies of all reports 242 and records relating to such examination or treatment, including 243 X rays and insurance information. A health care practitioner may 244 furnish the requested reports and records in paper form or, upon 245 request, in an electronic format. A health care practitioner who 246 maintains an electronic health record system shall furnish the 247 requested reports and records in the manner chosen by the 248 requester which must include electronic format, access through a 249 web-based patient portal, or submission through a patients 250 electronic personal health record. For purposes of this section, 251 the term legal representative means a patients attorney who 252 has been designated by the patient to receive copies of the 253 patients medical records, a legally recognized guardian of the 254 patient, a court-appointed representative of the patient, or any 255 other person designated by the patient or by a court of 256 competent jurisdiction to receive copies of the patients 257 medical records. 258 (b)Within 10 working days after receiving a written 259 request by a patient or a patients legal representative, a 260 healthcare practitioner must provide access to examine the 261 original reports and records, or microforms or other suitable 262 reproductions of the reports and records in the healthcare 263 practitioners possession. The healthcare practitioner may 264 impose any reasonable terms necessary to ensure that the reports 265 and records will not be damaged, destroyed, or altered. 266 (c)However, When a patients psychiatric, chapter 490 267 psychological, or chapter 491 psychotherapeutic records are 268 requested by the patient or the patients legal representative, 269 the health care practitioner may provide a report of examination 270 and treatment in lieu of copies of records. Upon a patients 271 written request, complete copies of the patients psychiatric 272 records shall be provided directly to a subsequent treating 273 psychiatrist. The furnishing of such report or copies may shall 274 not be conditioned upon payment of a fee for services rendered. 275 Section 7.Paragraph (f) of subsection (1) of section 276 316.1932, Florida Statutes, is amended to read: 277 316.1932Tests for alcohol, chemical substances, or 278 controlled substances; implied consent; refusal. 279 (1) 280 (f)1.The tests determining the weight of alcohol in the 281 defendants blood or breath shall be administered at the request 282 of a law enforcement officer substantially in accordance with 283 rules of the Department of Law Enforcement. Such rules must 284 specify precisely the test or tests that are approved by the 285 Department of Law Enforcement for reliability of result and ease 286 of administration, and must provide an approved method of 287 administration which must be followed in all such tests given 288 under this section. However, the failure of a law enforcement 289 officer to request the withdrawal of blood does not affect the 290 admissibility of a test of blood withdrawn for medical purposes. 291 2.a.Only a physician, certified paramedic, registered 292 nurse, licensed practical nurse, other personnel authorized by a 293 hospital to draw blood, or duly licensed clinical laboratory 294 director, supervisor, technologist, or technician, acting at the 295 request of a law enforcement officer, may withdraw blood for the 296 purpose of determining its alcoholic content or the presence of 297 chemical substances or controlled substances therein. However, 298 the failure of a law enforcement officer to request the 299 withdrawal of blood does not affect the admissibility of a test 300 of blood withdrawn for medical purposes. 301 b.Notwithstanding any provision of law pertaining to the 302 confidentiality of hospital records or other medical records, if 303 a health care provider, who is providing medical care in a 304 health care facility to a person injured in a motor vehicle 305 crash, becomes aware, as a result of any blood test performed in 306 the course of that medical treatment, that the persons blood 307 alcohol level meets or exceeds the blood-alcohol level specified 308 in s. 316.193(1)(b), the health care provider may notify any law 309 enforcement officer or law enforcement agency. Any such notice 310 must be given within a reasonable time after the health care 311 provider receives the test result. Any such notice shall be used 312 only for the purpose of providing the law enforcement officer 313 with reasonable cause to request the withdrawal of a blood 314 sample pursuant to this section. 315 c.The notice shall consist only of the name of the person 316 being treated, the name of the person who drew the blood, the 317 blood-alcohol level indicated by the test, and the date and time 318 of the administration of the test. 319 d.Nothing contained in s. 395.3025(2) s. 395.3025(4), s. 320 456.057, or any applicable practice act affects the authority to 321 provide notice under this section, and the health care provider 322 is not considered to have breached any duty owed to the person 323 under s. 395.3025(2) s. 395.3025(4), s. 456.057, or any 324 applicable practice act by providing notice or failing to 325 provide notice. It shall not be a breach of any ethical, moral, 326 or legal duty for a health care provider to provide notice or 327 fail to provide notice. 328 e.A civil, criminal, or administrative action may not be 329 brought against any person or health care provider participating 330 in good faith in the provision of notice or failure to provide 331 notice as provided in this section. Any person or health care 332 provider participating in the provision of notice or failure to 333 provide notice as provided in this section shall be immune from 334 any civil or criminal liability and from any professional 335 disciplinary action with respect to the provision of notice or 336 failure to provide notice under this section. Any such 337 participant has the same immunity with respect to participating 338 in any judicial proceedings resulting from the notice or failure 339 to provide notice. 340 3.The person tested may, at his or her own expense, have a 341 physician, registered nurse, other personnel authorized by a 342 hospital to draw blood, or duly licensed clinical laboratory 343 director, supervisor, technologist, or technician, or other 344 person of his or her own choosing administer an independent test 345 in addition to the test administered at the direction of the law 346 enforcement officer for the purpose of determining the amount of 347 alcohol in the persons blood or breath or the presence of 348 chemical substances or controlled substances at the time 349 alleged, as shown by chemical analysis of his or her blood or 350 urine, or by chemical or physical test of his or her breath. The 351 failure or inability to obtain an independent test by a person 352 does not preclude the admissibility in evidence of the test 353 taken at the direction of the law enforcement officer. The law 354 enforcement officer shall not interfere with the persons 355 opportunity to obtain the independent test and shall provide the 356 person with timely telephone access to secure the test, but the 357 burden is on the person to arrange and secure the test at the 358 persons own expense. 359 4.Upon the request of the person tested, full information 360 concerning the results of the test taken at the direction of the 361 law enforcement officer shall be made available to the person or 362 his or her attorney. Full information is limited to the 363 following: 364 a.The type of test administered and the procedures 365 followed. 366 b.The time of the collection of the blood or breath sample 367 analyzed. 368 c.The numerical results of the test indicating the alcohol 369 content of the blood and breath. 370 d.The type and status of any permit issued by the 371 Department of Law Enforcement which was held by the person who 372 performed the test. 373 e.If the test was administered by means of a breath 374 testing instrument, the date of performance of the most recent 375 required inspection of such instrument. 376 377 Full information does not include manuals, schematics, or 378 software of the instrument used to test the person or any other 379 material that is not in the actual possession of the state. 380 Additionally, full information does not include information in 381 the possession of the manufacturer of the test instrument. 382 5.A hospital, clinical laboratory, medical clinic, or 383 similar medical institution or physician, certified paramedic, 384 registered nurse, licensed practical nurse, other personnel 385 authorized by a hospital to draw blood, or duly licensed 386 clinical laboratory director, supervisor, technologist, or 387 technician, or other person assisting a law enforcement officer 388 does not incur any civil or criminal liability as a result of 389 the withdrawal or analysis of a blood or urine specimen, or the 390 chemical or physical test of a persons breath pursuant to 391 accepted medical standards when requested by a law enforcement 392 officer, regardless of whether or not the subject resisted 393 administration of the test. 394 Section 8.Paragraph (a) of subsection (2) of section 395 316.1933, Florida Statutes, is amended to read: 396 316.1933Blood test for impairment or intoxication in cases 397 of death or serious bodily injury; right to use reasonable 398 force. 399 (2)(a)Only a physician, certified paramedic, registered 400 nurse, licensed practical nurse, other personnel authorized by a 401 hospital to draw blood, or duly licensed clinical laboratory 402 director, supervisor, technologist, or technician, acting at the 403 request of a law enforcement officer, may withdraw blood for the 404 purpose of determining the alcoholic content thereof or the 405 presence of chemical substances or controlled substances 406 therein. However, the failure of a law enforcement officer to 407 request the withdrawal of blood shall not affect the 408 admissibility of a test of blood withdrawn for medical purposes. 409 1.Notwithstanding any provision of law pertaining to the 410 confidentiality of hospital records or other medical records, if 411 a health care provider, who is providing medical care in a 412 health care facility to a person injured in a motor vehicle 413 crash, becomes aware, as a result of any blood test performed in 414 the course of that medical treatment, that the persons blood 415 alcohol level meets or exceeds the blood-alcohol level specified 416 in s. 316.193(1)(b), the health care provider may notify any law 417 enforcement officer or law enforcement agency. Any such notice 418 must be given within a reasonable time after the health care 419 provider receives the test result. Any such notice shall be used 420 only for the purpose of providing the law enforcement officer 421 with reasonable cause to request the withdrawal of a blood 422 sample pursuant to this section. 423 2.The notice shall consist only of the name of the person 424 being treated, the name of the person who drew the blood, the 425 blood-alcohol level indicated by the test, and the date and time 426 of the administration of the test. 427 3.Nothing contained in s. 395.3025(2) s. 395.3025(4), s. 428 456.057, or any applicable practice act affects the authority to 429 provide notice under this section, and the health care provider 430 is not considered to have breached any duty owed to the person 431 under s. 395.3025(2) s. 395.3025(4), s. 456.057, or any 432 applicable practice act by providing notice or failing to 433 provide notice. It shall not be a breach of any ethical, moral, 434 or legal duty for a health care provider to provide notice or 435 fail to provide notice. 436 4.A civil, criminal, or administrative action may not be 437 brought against any person or health care provider participating 438 in good faith in the provision of notice or failure to provide 439 notice as provided in this section. Any person or health care 440 provider participating in the provision of notice or failure to 441 provide notice as provided in this section shall be immune from 442 any civil or criminal liability and from any professional 443 disciplinary action with respect to the provision of notice or 444 failure to provide notice under this section. Any such 445 participant has the same immunity with respect to participating 446 in any judicial proceedings resulting from the notice or failure 447 to provide notice. 448 Section 9.Subsection (13) of section 395.4025, Florida 449 Statutes, is amended to read: 450 395.4025Trauma centers; selection; quality assurance; 451 records. 452 (13)Patient care, transport, or treatment records or 453 reports, or patient care quality assurance proceedings, records, 454 or reports obtained or made pursuant to this section, s. 455 395.3025(2)(f) s. 395.3025(4)(f), s. 395.401, s. 395.4015, s. 456 395.402, s. 395.403, s. 395.404, s. 395.4045, s. 395.405, s. 457 395.50, or s. 395.51 must be held confidential by the department 458 or its agent and are exempt from the provisions of s. 119.07(1). 459 Patient care quality assurance proceedings, records, or reports 460 obtained or made pursuant to these sections are not subject to 461 discovery or introduction into evidence in any civil or 462 administrative action. 463 Section 10.Subsection (1) of section 400.0234, Florida 464 Statutes, is amended to read: 465 400.0234Availability of facility records for investigation 466 of residents rights violations and defenses; penalty. 467 (1)Failure to provide complete copies of a residents 468 records, including, but not limited to, all medical records and 469 the residents chart, within the control or possession of the 470 facility in accordance with s. 408.833 s. 400.145 shall 471 constitute evidence of failure of that party to comply with good 472 faith discovery requirements and shall waive the good faith 473 certificate and presuit notice requirements under this part by 474 the requesting party. 475 Section 11.Subsection (1) of section 429.294, Florida 476 Statutes, is amended to read: 477 429.294Availability of facility records for investigation 478 of residents rights violations and defenses; penalty. 479 (1)Failure to provide complete copies of a residents 480 records, including, but not limited to, all medical records and 481 the residents chart, within the control or possession of the 482 facility in accordance with s. 408.833 s. 400.145, shall 483 constitute evidence of failure of that party to comply with good 484 faith discovery requirements and shall waive the good faith 485 certificate and presuit notice requirements under this part by 486 the requesting party. 487 Section 12.Subsection (4) of section 440.185, Florida 488 Statutes, is amended to read: 489 440.185Notice of injury or death; reports; penalties for 490 violations. 491 (4)Additional reports with respect to such injury and of 492 the condition of such employee, including copies of medical 493 reports, funeral expenses, and wage statements, shall be filed 494 by the employer or carrier to the department at such times and 495 in such manner as the department may prescribe by rule. In 496 carrying out its responsibilities under this chapter, the 497 department or agency may by rule provide for the obtaining of 498 any medical records relating to medical treatment provided 499 pursuant to this chapter, notwithstanding the provisions of ss. 500 90.503 and 395.3025(2) 395.3025(4). 501 Section 13.Subsection (3) of section 456.47, Florida 502 Statutes, is amended to read: 503 456.47Use of telehealth to provide services. 504 (3)RECORDS.A telehealth provider shall document in the 505 patients medical record the health care services rendered using 506 telehealth according to the same standard as used for in-person 507 services. Medical records, including video, audio, electronic, 508 or other records generated as a result of providing such 509 services, are confidential pursuant to ss. 395.3025(2) and 510 456.057 ss. 395.3025(4) and 456.057. 511 Section 14.This act shall take effect July 1, 2025.