Law / United States / 
Florida
Ownership and control of patient records: confidentiality of a health care practitioner's records
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Data subject rights, Prohibition
- Audit expectation
- none
As of .
What it requires
- If you are a health care practitioner or a records owner of a practitioner's records, do not furnish patient records to, or discuss a patient's medical condition with, anyone other than the patient, the patient's legal representative or other practitioners and providers involved in the patient's care, except on the patient's written authorization or in a circumstance the section lists.
- Do not use patient information for solicitation or for marketing the sale of goods or services without a specific written release or authorization.
- On request of the patient or the patient's legal representative, furnish in a timely manner copies of all reports and records relating to the examination or treatment, and when a records owner turns records over to a new records owner, the new owner must provide a complete copy on written request.
- Furnish records the Department of Children and Families requests under section 39.301(9)(a) within 14 days after the request.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
The Attorney General may enforce the section against records owners not otherwise licensed by the state through injunctive relief and fines not to exceed $5,000 per violation.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 5,000
Who enforces it
Enforcement body
Appropriate licensing authority for a licensee; Attorney General for a records owner not otherwise licensed by the state
What this law does
Patient records may not be furnished to, and a patient's medical condition may not be discussed with, any person other than the patient, the patient's legal representative, or other health care practitioners and providers involved in the patient's care or treatment, except upon written authorization from the patient or in the circumstances the section lists.
Under section 456.057, absent a specific written release or authorization, any use of patient information for solicitation or marketing the sale of goods or services is prohibited. A practitioner must, on request of the patient or the patient's legal representative, furnish in a timely manner copies of all reports and records relating to the examination or treatment. Section 456.057 does not apply to facilities licensed under chapter 395.
A licensee in violation of section 456.057 is disciplined by the appropriate licensing authority, and the Attorney General may enforce the section against records owners not otherwise licensed by the state through injunctive relief and fines not to exceed $5,000 per violation. Chapter 2026-165 amended paragraph (a) of subsection (7) of section 456.057.
Chapter 2026-165 requires records the Department of Children and Families requests under section 39.301(9)(a) to be furnished to it within 14 days after the request. Chapter 2026-165 takes effect .
When LexLint raises it
When your app profile says your app handles health records.