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