The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

View Entire Chapter

F.S. 394.4615

394.4615 Clinical records; confidentiality.—

(1) A clinical record shall be maintained for each patient. The record shall include data pertaining to admission and such other information as may be required under rules of the department. A clinical record is confidential and exempt from the provisions of s. 119.07(1). Unless waived by express and informed consent, by the patient or the patient’s guardian or guardian advocate or, if the patient is deceased, by the patient’s personal representative or the family member who stands next in line of intestate succession, the confidential status of the clinical record shall not be lost by either authorized or unauthorized disclosure to any person, organization, or agency.

(2) The clinical record shall be released when:

(a) The patient or the patient’s guardian authorizes the release. The guardian or guardian advocate shall be provided access to the appropriate clinical records of the patient. The patient or the patient’s guardian or guardian advocate may authorize the release of information and clinical records to appropriate persons to ensure the continuity of the patient’s health care or mental health care. A receiving facility must document that, within 24 hours of admission, individuals admitted on a voluntary basis have been provided with the option to authorize the release of information from their clinical record to the individual’s health care surrogate or proxy, attorney, representative, or other known emergency contact.

(b) The patient is represented by counsel and the records are needed by the patient’s counsel for adequate representation.

(c) The court orders such release. In determining whether there is good cause for disclosure, the court shall weigh the need for the information to be disclosed against the possible harm of disclosure to the person to whom such information pertains.

(d) The patient is committed to, or is to be returned to, the Department of Corrections from the Department of Children and Families, and the Department of Corrections requests such records. These records shall be furnished without charge to the Department of Corrections.

(3) Information from the clinical record may be released in the following circumstances:

(a) When a patient has communicated to a service provider a specific threat to cause serious bodily injury or death to an identified or a readily available person, if the service provider reasonably believes, or should reasonably believe according to the standards of his or her profession, that the patient has the apparent intent and ability to imminently or immediately carry out such threat. When such communication has been made, the administrator may authorize the release of sufficient information to provide adequate warning to the person threatened with harm by the patient.

(b) When the administrator of the facility or secretary of the department deems release to a qualified researcher as defined in administrative rule, an aftercare treatment provider, or an employee or agent of the department is necessary for treatment of the patient, maintenance of adequate records, compilation of treatment data, aftercare planning, or evaluation of programs.

For the purpose of determining whether a person meets the criteria for involuntary outpatient placement or for preparing the proposed treatment plan pursuant to s. 394.4655, the clinical record may be released to the state attorney, the public defender or the patient’s private legal counsel, the court, and to the appropriate mental health professionals, including the service provider identified in s. 394.4655(7)(b)2., in accordance with state and federal law.

(4) Information from the clinical record must be released when a patient has communicated to a service provider a specific threat to cause serious bodily injury or death to an identified or a readily available person, if the service provider reasonably believes, or should reasonably believe according to the standards of his or her profession, that the patient has the apparent intent and ability to imminently or immediately carry out such threat. When such communication has been made, the administrator must authorize the release of sufficient information to communicate the threat to law enforcement. A law enforcement agency that receives notification of a specific threat under this subsection must take appropriate action to prevent the risk of harm, including, but not limited to, notifying the intended victim of such threat or initiating a risk protection order. A service provider’s authorization to release information from a clinical record when communicating a threat pursuant to this section may not be the basis of any legal action or criminal or civil liability against the service provider.

(5) Information from clinical records may be used for statistical and research purposes if the information is abstracted in such a way as to protect the identity of individuals.

(6) Information from clinical records may be used by the Agency for Health Care Administration, the department, and the Florida advocacy councils for the purpose of monitoring facility activity and complaints concerning facilities.

(7) Clinical records relating to a Medicaid recipient shall be furnished to the Medicaid Fraud Control Unit in the Department of Legal Affairs, upon request.

(8) Any person, agency, or entity receiving information pursuant to this section shall maintain such information as confidential and exempt from the provisions of s. 119.07(1).

(9) Any facility or private mental health practitioner who acts in good faith in releasing information pursuant to this section is not subject to civil or criminal liability for such release.

(10) Nothing in this section is intended to prohibit the parent or next of kin of a person who is held in or treated under a mental health facility or program from requesting and receiving information limited to a summary of that person’s treatment plan and current physical and mental condition. Release of such information shall be in accordance with the code of ethics of the profession involved.

(11) Patients shall have reasonable access to their clinical records, unless such access is determined by the patient’s physician to be harmful to the patient. If the patient’s right to inspect his or her clinical record is restricted by the facility, written notice of such restriction shall be given to the patient and the patient’s guardian, guardian advocate, attorney, and representative. In addition, the restriction shall be recorded in the clinical record, together with the reasons for it. The restriction of a patient’s right to inspect his or her clinical record shall expire after 7 days but may be renewed, after review, for subsequent 7-day periods.

(12) Any person who fraudulently alters, defaces, or falsifies the clinical record of any person receiving mental health services in a facility subject to this part, or causes or procures any of these offenses to be committed, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 14, ch. 96-169; s. 98, ch. 99-8; s. 1, ch. 2000-163; s. 14, ch. 2000-263; s. 4, ch. 2004-385; s. 83, ch. 2014-19; s. 8, ch. 2016-127; s. 89, ch. 2016-241; s. 1, ch. 2019-134; s. 5, ch. 2022-36.

F.S. 394.4615 on Google Scholar

F.S. 394.4615 on Casetext

Amendments to 394.4615

Arrestable Offenses / Crimes under Fla. Stat. 394.4615

Level: Degree
Misdemeanor/Felony: First/Second/Third

S394.4615 10 - FORGERY OF - RENUMBERED. SEE REC # 8071 - M: S

S394.4615 10 - FRAUD - RENUMBERED. SEE REC # 8102 - M: S

S394.4615 11 - FORGERY OF - RENUMBERED. SEE REC # 8750 - M: S

S394.4615 11 - FRAUD - RENUMBERED. SEE REC # 8751 - M: S

S394.4615 12 - FORGERY OF - ALTER DEFACE CLINICAL MENTAL HEALTH RECORD - M: S

S394.4615 12 - FRAUD - FALSIFY CLINICAL MENTAL HEALTH RECORD - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, v. ZUCKERMAN SPAEDER, LLP,, 221 So. 3d 1260 (Fla. Dist. Ct. App. 2017)

. . . .”); § 394.4615(1), Florida Statutes. . . .

LAKE, v. STATE, 193 So. 3d 932 (Fla. Dist. Ct. App. 2016)

. . . . § 394.4615(1), Fla. Stat. (2015). . . .

In FLORIDA RULE OF JUDICIAL ADMINISTRATION, 156 So. 3d 499 (Fla. 2015)

. . . . § 394.4615(7), Fla. Stat. . . .

S. P. R. P. v. VECCHIO, 162 So. 3d 75 (Fla. Dist. Ct. App. 2014)

. . . confidential clinical records may be disclosed where the court determines there is good cause, see section 394.4615 . . . The Court noted that despite the psychotherapist-patient privilege, section 394.4615(2)(c) permits court-ordered . . .

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 124 So. 3d 819 (Fla. 2013)

. . . . § 394.4615(7), Fla. Stat. . . .

F. BROWN, F. v. MONTANEZ Co- Jr., 90 So. 3d 982 (Fla. Dist. Ct. App. 2012)

. . . records — which also are subject to in camera inspection and disclosure when good cause is shown, § 394.4615 . . .

HOLLAND, v. S. TUCKER,, 854 F. Supp. 2d 1229 (S.D. Fla. 2012)

. . . . § 394.4615 and are not in the record before the Court. ([D.E. 125-95] at 94). . . .

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 68 So. 3d 228 (Fla. 2011)

. . . . § 394.4615(7), Fla. . . .

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION AND THE FLORIDA RULES OF APPELLATE PROCEDURE, 31 So. 3d 756 (Fla. 2010)

. . . . § 394.4615(7), Fla. Stat. . . . is not required.) _ Identifying information in clinical mental health records under the Baker Act. § 394.4615 . . .

FLOYD, v. STATE v. A., 18 So. 3d 432 (Fla. 2009)

. . . Despite the statutory privilege, section 394.4615(2)(c), Florida Statutes (2005), allows a court to order . . .

C. L. v. JUDD,, 993 So. 2d 991 (Fla. Dist. Ct. App. 2007)

. . . did not follow the procedure for determining when Baker Act records may be disclosed under section 394.4615 . . . disclosed against the possible harm of disclosure to the person to whom such information pertains.” § 394.4615 . . .

DEVEREUX FLORIDA TREATMENT NETWORK, INC. v. McINTOSH,, 940 So. 2d 1202 (Fla. Dist. Ct. App. 2006)

. . . Under section 394.4615(1), Florida Statutes, these records are to be kept confidential unless confidentiality . . .

JONES, v. STATE, 912 So. 2d 686 (Fla. Dist. Ct. App. 2005)

. . . convicted of falsifying the records of a person receiving mental health services in violation of section 394.4615 . . .

STATE v. ROBERSON,, 884 So. 2d 976 (Fla. Dist. Ct. App. 2004)

. . . Section 394.4615, Florida Statutes (2003), which describes the confidentiality of these clinical records . . .

COMMUNITY HEALTHCARE CENTERONE, INC. CHC n k a v. STATE, 852 So. 2d 322 (Fla. Dist. Ct. App. 2003)

. . . Another statute, section 394.4615(2)(c), provided for release of mental health records only if a court . . . We held that section 394.4615(2)(c) did apply to a Medicaid fraud investigation. . . . Chapter 2000-163, § 1, at 952, Laws of Florida, added subsection (6) to section 394.4615, so that it . . .

CEDARS HEALTHCARE GROUP, LTD. d b a v. M. FREEMAN,, 829 So. 2d 390 (Fla. Dist. Ct. App. 2002)

. . . The majority opinion cites section 394.4615, Florida Statutes (2001), providing for the confidentiality . . . Id. § 394.4615(2)(c). Good cause has been shown here. . . . psychotherapist privilege codified in section 90.503(2), Florida Statutes (2001), as well as section 394.4615 . . .

STATE v. FAMIGLIETTI,, 817 So. 2d 901 (Fla. Dist. Ct. App. 2002)

. . . 87 (Fla. 4th DCA 1999), but that case involved mental health treatment records covered by sections 394.4615 . . .

ATTORNEY AD LITEM FOR D. K. a v. PARENTS OF D. K., 780 So. 2d 301 (Fla. Dist. Ct. App. 2001)

. . . . § 394.4615(2)(a), Fla.Stat. (2000). . . . . § 394.4615(9), Fla. Stat. (2000). . . .

A. BUTTERWORTH, v. X HOSPITAL,, 763 So. 2d 467 (Fla. Dist. Ct. App. 2000)

. . . subpoenas regarding Medicaid fraud, the Attorney General was still required to comply with section 394.4615 . . . Florida Statute § 394.4615(1) provides that such records are confidential and are exempt from the provisions . . . The relevant provisions of said statute which governs the release of such records is § 394.4615(2)(c) . . . The absence of such a provision in § 394.4615(2)(e) is therefore significant in analyzing the legal issues . . . Having found that the State must comply with the requirements of § 394.4615(2)(c) in order to obtain . . .

DOE, v. E. STINCER, Dr., 175 F.3d 879 (11th Cir. 1999)

. . . . § 394.4615, spelling out a patient’s right of access to mental health records, amending § 395.3025( . . . 1) in accordance with § 394.4615. . . . Under § 394.4615, Patients shall have reasonable access to their clinical records, unless such access . . . record shall expire after 7 days but may be renewed, after review, for subsequent 7-day periods. § 394.4615 . . . Prior to the enactment of § 394.4615, Florida law left to the unfettered discretion of hospitals and . . .

KATLEIN, v. STATE, 731 So. 2d 87 (Fla. Dist. Ct. App. 1999)

. . . There are at least two statutes which provide for the confidentiality of these records — section 394.4615 . . . disclosed against the possible harm of disclosure to the person to whom such information pertains.” § 394.4615 . . .

DOE, v. Dr. E. STINCER, Dr., 990 F. Supp. 1427 (S.D. Fla. 1997)

. . . mental or emotional condition at any other licensed facility which are governed by the provisions of s. 394.4615 . . .