SESSION WATCH
THE BILL ITSELF

SB 1140

Patient Access to Records

VERSION S 1140 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

Florida Senate - 2026 SB 1140 By Senator Grall 29-01081-26 20261140__
1 A bill to be entitled
2 An act relating to patient access to records; amending
3 s. 394.4615, F.S.; requiring mental health service
4 providers to furnish clinical records in accordance
5 with specified requirements and within a specified
6 timeframe after receiving a written request for such
7 records; providing construction; amending s. 395.3025,
8 F.S.; revising provisions related to the release of
9 patient records by hospitals and ambulatory surgical
10 centers to conform to changes made by the act;
11 requiring such providers to furnish patient records in
12 accordance with specified requirements and within a
13 specified timeframe after receiving a written request;
14 providing construction; establishing that the
15 Department of Health, rather than the Agency for
16 Health Care Administration, has the authority to issue
17 subpoenas for patient records from hospitals and
18 ambulatory surgical centers in certain circumstances;
19 amending s. 397.501, F.S.; requiring substance abuse
20 service providers to furnish clinical records in
21 accordance with specified requirements and within a
22 specified timeframe after receiving a written request;
23 providing construction; amending s. 400.145, F.S.;
24 revising the timeframe within which a nursing home
25 facility must provide access to, and copies of,
26 resident records after receiving a request for such
27 records; creating s. 408.833, F.S.; defining terms;
28 requiring licensed providers to furnish and provide
29 access to client records within specified timeframes
30 after receiving a written request from a client or the
31 client’s legal representative; requiring providers to
32 furnish the client’s protected health information in
33 the form and format chosen by the requester, if
34 readily producible, or, if not readily producible, in
35 another mutually agreeable readable form; providing
36 exceptions for providers governed by other specified
37 provisions; amending s. 456.057, F.S.; defining the
38 terms “designated record set” and “legal
39 representative”; requiring health care practitioners
40 to furnish and provide access to patient records
41 within specified timeframes after receiving a written
42 request from a patient or the patient’s legal
43 representative; requiring health care practitioners to
44 furnish records in the form and format chosen by the
45 requester, if readily producible, or, if not readily
46 producible, in another mutually agreeable readable
47 form; amending ss. 316.1932, 316.1933, 395.4025,
48 397.702, 429.294, 440.185, and 456.47, F.S.;
49 conforming provisions to changes made by the act;
50 providing an effective date.
52 Be It Enacted by the Legislature of the State of Florida:
54 Section 1. Present subsections (3) through (12) of section
55 394.4615, Florida Statutes, are redesignated as subsections (4)
56 through (13), respectively, a new subsection (3) is added to
57 that section, and paragraphs (a), (b), and (c) of subsection (2)
58 of that section are republished, to read:
59 394.4615 Clinical records; confidentiality.—
60 (2) The clinical record shall be released when:
61 (a) The patient or the patient’s guardian or legal
62 custodian authorizes the release. The guardian, guardian
63 advocate, or legal custodian shall be provided access to the
64 appropriate clinical records of the patient. The patient or the
65 patient’s guardian, guardian advocate, or legal custodian may
66 authorize the release of information and clinical records to
67 appropriate persons to ensure the continuity of the patient’s
68 health care or mental health care. A receiving facility must
69 document that, within 24 hours of admission, individuals
70 admitted on a voluntary basis have been provided with the option
71 to authorize the release of information from their clinical
72 record to the individual’s health care surrogate or proxy,
73 attorney, representative, or other known emergency contact.
74 (b) The patient is represented by counsel and the records
75 are needed by the patient’s counsel for adequate representation.
76 (c) The court orders such release. In determining whether
77 there is good cause for disclosure, the court shall weigh the
78 need for the information to be disclosed against the possible
79 harm of disclosure to the person to whom such information
80 pertains.
81 (3) For requests made in writing and pursuant to paragraph
82 (2)(a), paragraph (2)(b), or paragraph (2)(c), a service
83 provider shall furnish the requested clinical records in
84 accordance with all of the following requirements:
85 (a) As specified in 45 C.F.R. s. 164.524(a), the patient or
86 his or her legal representative must be given the opportunity to
87 inspect and obtain a copy of the patient’s protected health
88 information in a designated record set, as defined in and s.
89 408.833 and 45 C.F.R. s. 164.501.
90 (b) As specified in 45 C.F.R. s. 164.524(b)(2), the records
91 must be furnished within 30 calendar days after the request is
92 received.
93 (c) The protected health information must be provided in
94 the form and format requested, if readily producible, including
95 electronic form if maintained electronically; otherwise, it must
96 be provided in a mutually agreeable readable form and format as
97 required under 45 C.F.R. s. 164.524(c)(2).
98 (d) As provided in 45 C.F.R. s. 164.524(c)(4), the provider
99 may impose a reasonable, cost-based fee that may only include
100 coverage of the following costs:
101 1. Labor for copying the protected health information,
102 whether in paper or electronic form.
103 2. Supplies for creating the copy, including electronic
104 media if the individual requested the electronic copy be
105 provided on portable media.
106 3. Postage, if the copy or the summary under subparagraph
107 4. is mailed.
108 4. Preparation of a summary or explanation of the protected
109 health information, if agreed to in advance.
110 (e) The fees for electronic copies of protected health
111 information are limited to $6.50 per request, inclusive of
112 labor, supplies, and postage costs in accordance with 45 C.F.R.
113 s. 164.524(c)(4). Per-page fees are prohibited for electronic
114 records and may apply when protected health information is
115 maintained exclusively on paper and remains in that form, in
116 which case the per-page fee may not exceed $1 per page inclusive
117 of labor, supplies, and postage costs. A fee may not be charged
118 for accessing protected health information that is accessed
119 through an electronic patient portal with view and download
120 functionality. Covered entities shall inform the patient or the
121 patient’s legal representative in advance of the estimated fee
122 and may provide a publicly available fee schedule. Fees may not
123 be charged for administrative or outsourcing costs.
125 In accordance with 45 C.F.R. ss. 160.202 and 160.203, to the
126 extent that this section provides greater rights for free access
127 to patient records or imposes lower fees for gaining such access
128 than those provided pursuant to federal laws or regulations,
129 this section supersedes those federal laws and regulations, but
130 only to that extent.
131 Section 2. Subsections (1), (2), and (3), paragraph (e) of
132 subsection (4), paragraph (a) of subsection (7), and subsection
133 (8) of section 395.3025, Florida Statutes, are amended to read:
134 395.3025 Patient and personnel records; copies;
135 examination.—
136 (1) For requests made in writing, a licensed facility must
137 furnish the requested patient records in accordance with all of
138 the following requirements:
139 (a) As specified in 45 C.F.R. s. 164.524(a), the patient or
140 his or her legal representative must be given the opportunity to
141 inspect and obtain a copy of the patient’s protected health
142 information in a designated record set, as defined in s. 408.833
143 and 45 C.F.R. s. 164.501.
144 (b) As specified in 45 C.F.R. s. 164.524(b)(2), the records
145 must be furnished within 30 calendar days after the request is
146 received.
147 (c) The protected health information must be provided in
148 the form and format requested, if readily producible, including
149 electronic form if maintained electronically; otherwise, it must
150 be provided in a mutually agreeable readable form and format as
151 required under 45 C.F.R. s. 164.524(c)(2).
152 (d) As provided in 45 C.F.R. s. 164.524(c)(4), the licensed
153 facility may impose a reasonable, cost-based fee that may only
154 include coverage of the following costs:
155 1. Labor for copying the protected health information,
156 whether in paper or electronic form.
157 2. Supplies for creating the copy, including electronic
158 media if the individual requested the electronic copy be
159 provided on portable media.
160 3. Postage, if the copy or the summary under subparagraph
161 4. is mailed.
162 4. Preparation of a summary or explanation of the protected
163 health information, if agreed to in advance.
164 (e) The fees for electronic copies of protected health
165 information are limited to $6.50 per request, inclusive of
166 labor, supplies, and postage costs in accordance with 45 C.F.R.
167 s. 164.524(c)(4). Per-page fees are prohibited for electronic
168 records and may apply when protected health information is
169 maintained exclusively on paper and remains in that form, in
170 which case the per-page fee may not exceed $1 per page inclusive
171 of labor, supplies, and postage costs. A fee may not be charged
172 for accessing protected health information that is accessed
173 through an electronic patient portal with view and download
174 functionality. Licensed facilities shall inform the patient or
175 the patient’s legal representative in advance of the estimated
176 fee and may provide a publicly available fee schedule. Licensed
177 facilities may not charge fees for administrative or outsourcing
178 costs.
180 In accordance with 45 C.F.R. ss. 160.202 and 160.203, to the
181 extent that this section provides greater rights for free access
182 to patient records or imposes lower fees for gaining such access
183 than those provided pursuant to federal laws or regulations,
184 this section supersedes those federal laws and regulations, but
185 only to that extent Any licensed facility shall, upon written
186 request, and only after discharge of the patient, furnish, in a
187 timely manner, without delays for legal review, to any person
188 admitted therein for care and treatment or treated thereat, or
189 to any such person’s guardian, curator, or personal
190 representative, or in the absence of one of those persons, to
191 the next of kin of a decedent or the parent of a minor, or to
192 anyone designated by such person in writing, a true and correct
193 copy of all patient records, including X rays, and insurance
194 information concerning such person, which records are in the
195 possession of the licensed facility, provided the person
196 requesting such records agrees to pay a charge . The exclusive
197 charge for copies of patient records may include sales tax and
198 actual postage, and, except for nonpaper records that are
199 subject to a charge not to exceed $6.50 $2 , may not exceed $1
200 per page. A fee of up to $1 may be charged for each year of
201 records requested. These charges shall apply to all records
202 furnished, whether directly from the facility or from a copy
203 service providing these services on behalf of the facility.
204 However, a patient whose records are copied or searched for the
205 purpose of continuing to receive medical care is not required to
206 pay a charge for copying or for the search. The licensed
207 facility shall further allow any such person to examine the
208 original records in its possession, or microforms or other
209 suitable reproductions of the records, upon such reasonable
210 terms as shall be imposed to assure that the records will not be
211 damaged, destroyed, or altered.
212 (2) This section does not apply to records maintained at
213 any licensed facility the primary function of which is to
214 provide psychiatric care to its patients, or to records of
215 treatment for any mental or emotional condition at any other
216 licensed facility which are governed by the provisions of s.
217 394.4615.
218 (3) This section does not apply to records of substance
219 abuse impaired persons, which are governed by s. 397.501.
220 (4) Patient records are confidential and must not be
221 disclosed without the consent of the patient or his or her legal
222 representative, but appropriate disclosure may be made without
223 such consent to:
224 (e) The Department of Health agency upon subpoena issued
225 pursuant to s. 456.071, but the records obtained thereby must be
226 used solely for the purpose of the department agency and the
227 appropriate professional board in its investigation,
228 prosecution, and appeal of disciplinary proceedings. If the
229 department agency requests copies of the records, the facility
230 may not shall charge no more than its actual copying costs,
231 including reasonable staff time. The records must be sealed and
232 must not be available to the public pursuant to s. 119.07(1) or
233 any other statute providing access to records, nor may they be
234 available to the public as part of the record of investigation
235 for and prosecution in disciplinary proceedings made available
236 to the public by the department agency or the appropriate
237 regulatory board. However, the department agency must make
238 available, upon written request by a practitioner against whom
239 probable cause has been found, any such records that form the
240 basis of the determination of probable cause.
241 (5)(a) (7)(a) If the content of any record of patient
242 treatment is provided under this section, the recipient , if
243 other than the patient or the patient’s representative, may use
244 such information only for the purpose provided and may not
245 further disclose any information to any other person or entity,
246 unless expressly permitted by the written consent of the
247 patient. A general authorization for the release of medical
248 information is not sufficient for this purpose. The content of
249 such patient treatment record is confidential and exempt from
250 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
251 Constitution.
252 (6) (8) Patient records at hospitals and ambulatory surgical
253 centers are exempt from disclosure under s. 119.07(1), except as
254 provided by subsections (2) and (3) (1)-(5) .
255 Section 3. Present subsections (8), (9), and (10) of
256 section 397.501, Florida Statutes, are redesignated as
257 subsections (9), (10), and (11), respectively, a new subsection
258 (8) is added to that section, and paragraph (d) of subsection
259 (7) of that section is republished, to read:
260 397.501 Rights of individuals.—Individuals receiving
261 substance abuse services from any service provider are
262 guaranteed protection of the rights specified in this section,
263 unless otherwise expressly provided, and service providers must
264 ensure the protection of such rights.
265 (7) RIGHT TO CONFIDENTIALITY OF INDIVIDUAL RECORDS.—
266 (d) Any answer to a request for a disclosure of individual
267 records which is not permissible under this section or under the
268 appropriate federal regulations must be made in a way that will
269 not affirmatively reveal that an identified individual has been,
270 or is being diagnosed or treated for substance abuse. The
271 regulations do not restrict a disclosure that an identified
272 individual is not and has never received services.
273 (8) RIGHT TO ACCESS INDIVIDUAL RECORDS.—
274 (a) For requests made in writing, a service provider must
275 furnish the requested clinical records of an individual in
276 accordance with all of the following requirements:
277 1. As specified in 45 C.F.R. s. 164.524(a), the individual
278 or his or her legal representative must be given the opportunity
279 to inspect and obtain a copy of the individual’s protected
280 health information in a designated record set, as defined in s.
281 408.833 and 45 C.F.R. s. 164.501.
282 2. As specified in 45 C.F.R. s. 164.524(b)(2), the records
283 must be furnished within 30 calendar days after the request is
284 received.
285 3. The protected health information must be provided in the
286 form and format requested, if readily producible, including
287 electronic form if maintained electronically; otherwise, it must
288 be provided in a mutually agreeable readable form and format as
289 required under 45 C.F.R. s. 164.524(c)(2).
290 4. As provided in 45 C.F.R. s. 164.524(c)(4), the service
291 provider may impose a reasonable, cost-based fee that may only
292 include coverage of the following costs:
293 a. Labor for copying the protected health information,
294 whether in paper or electronic form.
295 b. Supplies for creating the copy, including electronic
296 media if the individual requested the electronic copy be
297 provided on portable media.
298 c. Postage, if the copy or the summary under sub
299 subparagraph d. is mailed.
300 d. Preparation of a summary or explanation of the protected
301 health information, if agreed to in advance.
302 5. The fees for electronic copies of protected health
303 information are limited to $6.50 per request, inclusive of
304 labor, supplies, and postage costs in accordance with 45 C.F.R.
305 s. 164.524(c)(4). Per-page fees are prohibited for electronic
306 records and may apply when protected health information is
307 maintained exclusively on paper and remains in that form, in
308 which case the per-page fee may not exceed $1 per page inclusive
309 of labor, supplies, and postage costs. A fee may not be charged
310 for accessing protected health information that is accessed
311 through an electronic patient portal with view and download
312 functionality. Service providers shall inform the individual or
313 the individual’s legal representative in advance of the
314 estimated fee being imposed and may provide a publicly available
315 fee schedule. Service providers may not charge fees for
316 administrative or outsourcing costs.
317 (b) Within 10 business days after receiving such a written
318 request, a service provider must provide access to examine the
319 original records in its possession, or microforms or other
320 suitable reproductions of the records, in accordance with
321 subsection (7). The service provider may impose any reasonable
322 terms necessary to ensure that the records will not be damaged,
323 destroyed, or altered.
324 (c) In accordance with 45 C.F.R. ss. 160.202 and 160.203,
325 to the extent that this subsection provides greater rights for
326 free access to clinical records or imposes lower fees for
327 gaining such access than those provided pursuant to federal laws
328 or regulations, the provisions of this subsection supersede
329 those federal laws and regulations, but only to that extent.
330 Section 4. Subsection (1) of section 400.145, Florida
331 Statutes, is amended to read:
332 400.145 Copies of records of care and treatment of
333 resident.—
334 (1) Upon receipt of a written request that complies with
335 the federal Health Insurance Portability and Accountability Act
336 of 1996 (HIPAA) and this section, a nursing home facility shall
337 furnish to a competent resident, or to a representative of that
338 resident who is authorized to make requests for the resident’s
339 records under HIPAA or subsection (2), copies of the resident’s
340 paper and electronic records that are in possession of the
341 facility. Such records must include any medical records and
342 records concerning the care and treatment of the resident
343 performed by the facility, except for progress notes and
344 consultation report sections of a psychiatric nature. The
345 facility shall provide a resident with access to the requested
346 records within 24 hours, excluding weekends and holidays, and
347 provide copies of the requested records within 2 business 14
348 working days after receipt of a request relating to a current
349 resident or within 30 business working days after receipt of a
350 request relating to a former resident.
351 Section 5. Section 408.833, Florida Statutes, is created to
352 read:
353 408.833 Client access to medical records.—
354 (1) As used in this section, the term:
355 (a) “Client” has the same meaning as provided in s.
356 408.803.
357 (b) “Designated record set,” consistent with 45 C.F.R. s.
358 164.501, means a group of records, maintained by or for a
359 provider, which includes any of the following:
360 1. Medical and billing records for a patient.
361 2. Enrollment, payment, claims adjudication, and case or
362 medical management record systems.
363 3. Any other record used, in whole or in part, by or for
364 the provider to make decisions about a patient’s care, coverage,
365 or benefits, regardless of whether such records have, in fact,
366 been used to make such decisions about the particular patient
367 requesting access to the records.
368 (c) “Legal representative” means any of the following:
369 1. A legally recognized guardian of the client.
370 2. A court-appointed representative of the client.
371 3. A person designated by the client or by a court of
372 competent jurisdiction to receive copies of the client’s medical
373 records, care and treatment records, or interdisciplinary
374 records.
375 4. An attorney who has been designated by a client to
376 receive copies of the client’s medical records, care and
377 treatment records, or interdisciplinary records.
378 (d) “Provider” means any of the entities listed in s.
379 408.802.
380 (2)(a) Within 30 calendar days after receiving a written
381 request from a client or a client’s legal representative, a
382 provider shall furnish a true and correct copy of the requested
383 records within the designated record set which are in the
384 provider’s possession.
385 (b) Within 30 calendar days after receiving a written
386 request from a client or a client’s legal representative, a
387 provider shall furnish a true and correct copy of additional
388 requested records, including medical records, care and treatment
389 records, and interdisciplinary records, as applicable, which are
390 in the provider’s possession.
391 (c) Within 10 business days after receiving a request from
392 a client or a client’s legal representative, a provider shall
393 provide access to examine the original records in the provider’s
394 possession, or microforms or other suitable reproductions of the
395 records. A provider may impose any reasonable terms necessary to
396 ensure that the records will not be damaged, destroyed, or
397 altered.
398 (3) The protected health information must be provided in
399 the form and format requested by the client or client’s legal
400 representative if the requested records are readily producible
401 in that form and format. If the requested records are not
402 readily producible in the requested form or format, the provider
403 must produce the records in a mutually agreeable readable form
404 as specified in 45 C.F.R. s. 164.524(c)(2).
405 (4) This section does not apply to:
406 (a) Records maintained at a licensed facility as defined in
407 s. 395.002, the primary function of which is to provide
408 psychiatric care to its patients, or to records of treatment for
409 any mental or emotional condition at any other licensed facility
410 which are governed by s. 394.4615;
411 (b) Records of substance abuse impaired persons which are
412 governed by s. 397.501; or
413 (c) Records of a resident of a nursing home facility which
414 are governed by s. 400.145.
415 Section 6. Subsection (6) of section 456.057, Florida
416 Statutes, is amended to read:
417 456.057 Ownership and control of patient records; report or
418 copies of records to be furnished; disclosure of information.—
419 (6) (a) As used in this subsection, the term:
420 1. “Designated record set,” consistent with 45 C.F.R. s.
421 164.501, means a group of records, maintained by or for the
422 health care practitioner, which includes any of the following:
423 a. Medical and billing records for a patient.
424 b. Enrollment, payment, claims adjudication, and case or
425 medical management record systems.
426 c. Any other record used, in whole or in part, by or for
427 the provider to make decisions about a patient’s care, coverage,
428 or benefits, regardless of whether such records have, in fact,
429 been used to make such decisions about the particular patient
430 requesting access to the records.
431 2. “Legal representative” means any of the following:
432 a. A legally recognized guardian of the patient.
433 b. A court-appointed representative of the patient.
434 c. A person designated by the patient or by a court of
435 competent jurisdiction to receive copies of the patient’s
436 medical records, care and treatment records, or
437 interdisciplinary records.
438 d. An attorney who has been designated by a patient to
439 receive copies of the patient’s medical records, care and
440 treatment records, or interdisciplinary records.
441 (b)1. Within 30 calendar days after receiving a written Any
442 health care practitioner licensed by the department or a board
443 within the department who makes a physical or mental examination
444 of, or administers treatment or dispenses legend drugs to, any
445 person shall, upon request from a patient of such person or the
446 patient’s person’s legal representative, a health care
447 practitioner shall furnish a true and correct copy of the
448 requested records within the designated record set which are in
449 the practitioner’s possession.
450 2. Within 30 calendar days after receiving a written
451 request from a patient or a patient’s legal representative, a
452 health care practitioner shall furnish a true and correct copy
453 of additional requested records, including medical records, care
454 and treatment records, and interdisciplinary records, as
455 applicable, which are in the practitioner’s possession.
456 3. Within 10 business days after receiving a request from a
457 patient or a patient’s legal representative, a health care
458 practitioner shall provide access to examine the original
459 records in the practitioner’s possession, or microforms or other
460 suitable reproductions of the records. A health care
461 practitioner may impose any reasonable terms necessary to ensure
462 that the records will not be damaged, destroyed, or altered.
463 4. The protected health information must be provided in the
464 form and format requested by the patient or legal representative
465 if the requested records are readily producible in that form and
466 format. If the requested records are not readily producible in
467 the requested form or format, the practitioner must produce the
468 records in a mutually agreeable readable form as specified in 45
469 C.F.R. s. 164.524(c)(2) , in a timely manner, without delays for
470 legal review, copies of all reports and records relating to such
471 examination or treatment, including X rays and insurance
472 information .
474 However, when a patient’s psychiatric, chapter 490
475 psychological, or chapter 491 psychotherapeutic records are
476 requested by the patient or the patient’s legal representative,
477 the health care practitioner may provide a report of examination
478 and treatment in lieu of copies of records. Upon a patient’s
479 written request, complete copies of the patient’s psychiatric
480 records shall be provided directly to a subsequent treating
481 psychiatrist. The furnishing of such report or copies may shall
482 not be conditioned upon payment of a fee for services rendered.
483 Section 7. Paragraph (f) of subsection (1) of section
484 316.1932, Florida Statutes, is amended to read:
485 316.1932 Tests for alcohol, chemical substances, or
486 controlled substances; implied consent; refusal.—
487 (1)
488 (f)1. The tests determining the weight of alcohol in the
489 defendant’s blood or breath shall be administered at the request
490 of a law enforcement officer substantially in accordance with
491 rules of the Department of Law Enforcement. Such rules must
492 specify precisely the test or tests that are approved by the
493 Department of Law Enforcement for reliability of result and ease
494 of administration, and must provide an approved method of
495 administration which must be followed in all such tests given
496 under this section. However, the failure of a law enforcement
497 officer to request the withdrawal of blood does not affect the
498 admissibility of a test of blood withdrawn for medical purposes.
499 2.a. Only a physician, certified paramedic, registered
500 nurse, licensed practical nurse, other personnel authorized by a
501 hospital to draw blood, or duly licensed clinical laboratory
502 director, supervisor, technologist, or technician, acting at the
503 request of a law enforcement officer, may withdraw blood for the
504 purpose of determining its alcoholic content or the presence of
505 chemical substances or controlled substances therein. However,
506 the failure of a law enforcement officer to request the
507 withdrawal of blood does not affect the admissibility of a test
508 of blood withdrawn for medical purposes.
509 b. Notwithstanding any provision of law pertaining to the
510 confidentiality of hospital records or other medical records, if
511 a health care provider, who is providing medical care in a
512 health care facility to a person injured in a motor vehicle
513 crash, becomes aware, as a result of any blood test performed in
514 the course of that medical treatment, that the person’s blood
515 alcohol level meets or exceeds the blood-alcohol level specified
516 in s. 316.193(1)(b), the health care provider may notify any law
517 enforcement officer or law enforcement agency. Any such notice
518 must be given within a reasonable time after the health care
519 provider receives the test result. Any such notice shall be used
520 only for the purpose of providing the law enforcement officer
521 with reasonable cause to request the withdrawal of a blood
522 sample pursuant to this section.
523 c. The notice shall consist only of the name of the person
524 being treated, the name of the person who drew the blood, the
525 blood-alcohol level indicated by the test, and the date and time
526 of the administration of the test.
527 d. Nothing contained in s. 395.3025(2) s. 395.3025(4) , s.
528 456.057, or any applicable practice act affects the authority to
529 provide notice under this section, and the health care provider
530 is not considered to have breached any duty owed to the person
531 under s. 395.3025(2) s. 395.3025(4) , s. 456.057, or any
532 applicable practice act by providing notice or failing to
533 provide notice. It shall not be a breach of any ethical, moral,
534 or legal duty for a health care provider to provide notice or
535 fail to provide notice.
536 e. A civil, criminal, or administrative action may not be
537 brought against any person or health care provider participating
538 in good faith in the provision of notice or failure to provide
539 notice as provided in this section. Any person or health care
540 provider participating in the provision of notice or failure to
541 provide notice as provided in this section shall be immune from
542 any civil or criminal liability and from any professional
543 disciplinary action with respect to the provision of notice or
544 failure to provide notice under this section. Any such
545 participant has the same immunity with respect to participating
546 in any judicial proceedings resulting from the notice or failure
547 to provide notice.
548 3. The person tested may, at his or her own expense, have a
549 physician, registered nurse, other personnel authorized by a
550 hospital to draw blood, or duly licensed clinical laboratory
551 director, supervisor, technologist, or technician, or other
552 person of his or her own choosing administer an independent test
553 in addition to the test administered at the direction of the law
554 enforcement officer for the purpose of determining the amount of
555 alcohol in the person’s blood or breath or the presence of
556 chemical substances or controlled substances at the time
557 alleged, as shown by chemical analysis of his or her blood or
558 urine, or by chemical or physical test of his or her breath. The
559 failure or inability to obtain an independent test by a person
560 does not preclude the admissibility in evidence of the test
561 taken at the direction of the law enforcement officer. The law
562 enforcement officer shall not interfere with the person’s
563 opportunity to obtain the independent test and shall provide the
564 person with timely telephone access to secure the test, but the
565 burden is on the person to arrange and secure the test at the
566 person’s own expense.
567 4. Upon the request of the person tested, full information
568 concerning the results of the test taken at the direction of the
569 law enforcement officer shall be made available to the person or
570 his or her attorney. Full information is limited to the
571 following:
572 a. The type of test administered and the procedures
573 followed.
574 b. The time of the collection of the blood or breath sample
575 analyzed.
576 c. The numerical results of the test indicating the alcohol
577 content of the blood and breath.
578 d. The type and status of any permit issued by the
579 Department of Law Enforcement which was held by the person who
580 performed the test.
581 e. If the test was administered by means of a breath
582 testing instrument, the date of performance of the most recent
583 required inspection of such instrument.
585 Full information does not include manuals, schematics, or
586 software of the instrument used to test the person or any other
587 material that is not in the actual possession of the state.
588 Additionally, full information does not include information in
589 the possession of the manufacturer of the test instrument.
590 5. A hospital, clinical laboratory, medical clinic, or
591 similar medical institution or physician, certified paramedic,
592 registered nurse, licensed practical nurse, other personnel
593 authorized by a hospital to draw blood, or duly licensed
594 clinical laboratory director, supervisor, technologist, or
595 technician, or other person assisting a law enforcement officer
596 does not incur any civil or criminal liability as a result of
597 the withdrawal or analysis of a blood or urine specimen, or the
598 chemical or physical test of a person’s breath pursuant to
599 accepted medical standards when requested by a law enforcement
600 officer, regardless of whether or not the subject resisted
601 administration of the test.
602 Section 8. Paragraph (a) of subsection (2) of section
603 316.1933, Florida Statutes, is amended to read:
604 316.1933 Blood test for impairment or intoxication in cases
605 of death or serious bodily injury; right to use reasonable
606 force.—
607 (2)(a) Only a physician, certified paramedic, registered
608 nurse, licensed practical nurse, other personnel authorized by a
609 hospital to draw blood, or duly licensed clinical laboratory
610 director, supervisor, technologist, or technician, acting at the
611 request of a law enforcement officer, may withdraw blood for the
612 purpose of determining the alcoholic content thereof or the
613 presence of chemical substances or controlled substances
614 therein. However, the failure of a law enforcement officer to
615 request the withdrawal of blood shall not affect the
616 admissibility of a test of blood withdrawn for medical purposes.
617 1. Notwithstanding any provision of law pertaining to the
618 confidentiality of hospital records or other medical records, if
619 a health care provider, who is providing medical care in a
620 health care facility to a person injured in a motor vehicle
621 crash, becomes aware, as a result of any blood test performed in
622 the course of that medical treatment, that the person’s blood
623 alcohol level meets or exceeds the blood-alcohol level specified
624 in s. 316.193(1)(b), the health care provider may notify any law
625 enforcement officer or law enforcement agency. Any such notice
626 must be given within a reasonable time after the health care
627 provider receives the test result. Any such notice shall be used
628 only for the purpose of providing the law enforcement officer
629 with reasonable cause to request the withdrawal of a blood
630 sample pursuant to this section.
631 2. The notice shall consist only of the name of the person
632 being treated, the name of the person who drew the blood, the
633 blood-alcohol level indicated by the test, and the date and time
634 of the administration of the test.
635 3. Nothing contained in s. 395.3025(2) s. 395.3025(4) , s.
636 456.057, or any applicable practice act affects the authority to
637 provide notice under this section, and the health care provider
638 is not considered to have breached any duty owed to the person
639 under s. 395.3025(2) s. 395.3025(4) , s. 456.057, or any
640 applicable practice act by providing notice or failing to
641 provide notice. It shall not be a breach of any ethical, moral,
642 or legal duty for a health care provider to provide notice or
643 fail to provide notice.
644 4. A civil, criminal, or administrative action may not be
645 brought against any person or health care provider participating
646 in good faith in the provision of notice or failure to provide
647 notice as provided in this section. Any person or health care
648 provider participating in the provision of notice or failure to
649 provide notice as provided in this section shall be immune from
650 any civil or criminal liability and from any professional
651 disciplinary action with respect to the provision of notice or
652 failure to provide notice under this section. Any such
653 participant has the same immunity with respect to participating
654 in any judicial proceedings resulting from the notice or failure
655 to provide notice.
656 Section 9. Subsection (13) of section 395.4025, Florida
657 Statutes, is amended to read:
658 395.4025 Trauma centers; selection; quality assurance;
659 records.—
660 (13) Patient care, transport, or treatment records or
661 reports, or patient care quality assurance proceedings, records,
662 or reports obtained or made pursuant to this section, s.
663 395.3025(2)(f) s. 395.3025(4)(f) , s. 395.401, s. 395.4015, s.
664 395.402, s. 395.403, s. 395.404, s. 395.4045, s. 395.405, s.
665 395.50, or s. 395.51 must be held confidential by the department
666 or its agent and are exempt from the provisions of s. 119.07(1).
667 Patient care quality assurance proceedings, records, or reports
668 obtained or made pursuant to these sections are not subject to
669 discovery or introduction into evidence in any civil or
670 administrative action.
671 Section 10. Paragraph (c) of subsection (2) of section
672 397.702, Florida Statutes, is amended to read:
673 397.702 Authorization of local ordinances for treatment of
674 habitual abusers in licensed secure facilities.—
675 (2) Ordinances for the treatment of habitual abusers must
676 provide:
677 (c) That the court with jurisdiction to make the
678 determination authorized by this section shall hear the petition
679 on an emergency basis as soon as practicable but not later than
680 10 days after the date the petition was filed. If the
681 allegations of the petition indicate that the respondent has
682 requested the appointment of an attorney, or otherwise indicate
683 the absence of any competent person to speak at the hearing on
684 behalf of the respondent, the court shall immediately appoint an
685 attorney to represent the respondent pursuant to s. 397.501(9)
686 s. 397.501(8) , and shall provide notice of the hearing to the
687 attorney. When the court sets a hearing date the petitioner
688 shall provide notice of the hearing and a copy of the petition
689 to all of the persons named in the petition pursuant to
690 subparagraph (b)2., and to such other persons as may be ordered
691 by the court to receive notice.
692 Section 11. Subsection (1) of section 429.294, Florida
693 Statutes, is amended to read:
694 429.294 Availability of facility records for investigation
695 of resident’s rights violations and defenses; penalty.—
696 (1) Failure to provide complete copies of a resident’s
697 records, including, but not limited to, all medical records and
698 the resident’s chart, within the control or possession of the
699 facility in accordance with s. 408.833 s. 400.145 , shall
700 constitute evidence of failure of that party to comply with good
701 faith discovery requirements and shall waive the good faith
702 certificate and presuit notice requirements under this part by
703 the requesting party.
704 Section 12. Subsection (4) of section 440.185, Florida
705 Statutes, is amended to read:
706 440.185 Notice of injury or death; reports; penalties for
707 violations.—
708 (4) Additional reports with respect to such injury and of
709 the condition of such employee, including copies of medical
710 reports, funeral expenses, and wage statements, shall be filed
711 by the employer or carrier to the department at such times and
712 in such manner as the department may prescribe by rule. In
713 carrying out its responsibilities under this chapter, the
714 department or agency may by rule provide for the obtaining of
715 any medical records relating to medical treatment provided
716 pursuant to this chapter, notwithstanding ss. 90.503 and
717 395.3025(2) the provisions of ss. 90.503 and 395.3025(4) .
718 Section 13. Subsection (3) of section 456.47, Florida
719 Statutes, is amended to read:
720 456.47 Use of telehealth to provide services.—
721 (3) RECORDS.—A telehealth provider shall document in the
722 patient’s medical record the health care services rendered using
723 telehealth according to the same standard as used for in-person
724 services. Medical records, including video, audio, electronic,
725 or other records generated as a result of providing such
726 services, are confidential pursuant to ss. 395.3025(2) and
727 456.057 ss. 395.3025(4) and 456.057 .
728 Section 14. This act shall take effect January 1, 2027.