F.S.A. § 395.3025

Patient and personnel records; copies; examination

A licensed health care facility must provide a discharged patient access to his or her medical records in a timely manner upon request.  Access to medical records, including x-rays or insurance information may be given to the patient, guardian or personal representative, parent of a minor, if requested in writing and agrees to pay a charge.  Copying fees may not be greater than $1 per page, and include sales tax and postage, except that nonpaper records are not subject to a charge greater than $2.  An additional $1 can be charged for each year of records requested.  These charges do not apply to a patient requesting records for continuing medical care.  Licensed facilities must also allow patients to inspect records or microfilms held by the facility.   This law does not apply to psychiatric facilities, which are governed by other laws.  This law also excludes substance abuse records.

Patient medical records are confidential and must not be disclosed without the consent of the patient or representative.  Appropriate consent may be made without consent to:

• Licensed facility personnel or other health care practitioners involved in the patient’s treatment;
• Licensed facility personnel for administrative purposes or risk management or quality assurance;
• Governmental agencies for cost containment purposes;
• In a civil or criminal action unless otherwise prohibited by law, or due to a subpoena;
• Governmental agencies upon the issuance of a subpoena;
• The Department Health for maintenance of the trauma registry or to measure compliance with standards;
• The Department of Children and Family Services to investigate abuse or neglect;
• A local or regional trauma registry for quality assurance activities;
• Organ procurement organizations, tissue banks, or eye banks;
• Medicaid Fraud Control Unit;
• The Department of Financial Services;
• A regional poison control center for treatment, case management, or data collection purposes.

The Department of Health may examine patient records of a licensed facility for epidemiological investigations.  However the unauthorized release of individually identifiable information is a first degree misdemeanor. 

Patient records must contain information to complete birth death and fetal records.

Records provided under this law to anyone other than the patient, may only use the record for the authorized purpose and may not further disclose the information unless expressly allowed by the patient’s written consent.  Therefore, a specific written release or authorization is needed for using medical records for disclosures not discussed above, including for marketing.  

A licensed facility may also prescribe the content and access requirements of limited access records maintained by the facility on its employees.  Personal information of facility employees is confidential.  However, state and federal agencies may access this information.