SB 1606 — Patient Access to Records

The patient or the patient’s guardian, guardian advocate, or legal custodian 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.

(3) For requests made in writing and in accordance with paragraphs (2)(a), (b), and (c), a service provider shall Page 3 of 23 CODING:

Florida Senate - 2025 CS for CS for SB 1606 595-03792-25588-03143-25 20251606c220251606c1 furnish the requested clinical records in the provider’smanner possessionchosen withinby 14the businessrequester, daysincluding, afterbut receivingnot limited to, an electronic format, submission through a patient’s electronic personal health record, or access through a web-based patient portal if the request.service provider maintains a patient portal.

A service provider may extend the time for furnishing the requested records by up to 14 business days if the provider notifies the requester of the delay in writing within the first 14 business days after receiving the request and provides the expected date when the records will be made available, which must be no later than 14 business days after the original deadline for providing the records.

The records must be provided in the form and format requested by the requester if the requested records are readily producible in that form and format.

If the requested records are not readily producible in the requested form or format, the service provider must produce the records in another electronic form and format agreed to by the provider and requester or in a readable hard copy format.

Forms of access to records may include, but are not limited to:

through a web-based application or patient portal, by secure download, via electronic copy delivered by email, on physical media such as a disc or USB drive, by United States mail, or as printed paper records.

examination.— (1) Any licensed facility shall, upon written request, and only after discharge of the patient, furnish, in a timely manner, without delays for legal review, to any person admitted therein for care and treatment or treated thereat, or to any Pagesuch 4person’s guardian, curator, or personal representative, or in the absence of 23one CODING:of those persons, to the next of kin of a decedent or the parent of a minor, or to anyone designated by such person in writing, a true and correct copy of all patient records, including X rays, and insurance information concerning such person, which records are in the possession of the licensed facility, provided the person requesting such records agrees to pay a charge.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for CS for SB 1606 595-03792-25 20251606c2 such person’s guardian, curator, or personal representative, or in the absence of one of those persons, to the next of kin of a decedent or the parent of a minor, or to anyone designated by such person in writing, a true and correct copy of all patient records, including X rays, and insurance information concerning such person, which records are in the possession of the licensed facility, provided the person requesting such records agrees to pay a charge.

However, a patient whose records are copied or searched for the purposePage 3 of continuing18 toCODING: receive medical care is not required to pay a charge for copying or for the search.

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words underlined are additions.

Florida Senate - 2025 CS for SB 1606 588-03143-25 20251606c1 purpose of continuing to receive medical care is not required to pay a charge for copying or for the search.

(3) This section does not apply to records of substance Pageabuse 5impaired ofpersons, 23which CODING:are governed by s.

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words underlined are additions.

Florida Senate - 2025 CS for CS for SB 1606 595-03792-25 20251606c2 abuse impaired persons, which are governed by s.

119.07(1) or any other statute providing access to records, nor may they be available toPage the4 public as part of the18 recordCODING: of investigation for and prosecution in disciplinary proceedings made available to the public by the department agency or the appropriate regulatory board.

However, the department agency must make available, upon written request by a practitioner against whom probable cause has been found, any such records that form the basis of the determination of probable cause.

(5)(a)(7)(a) If the content of any record of patient treatment is provided under this section, the recipient, if other than the patient or the patient’s representative, may use such information only for the purpose provided and may not further disclose any information to any other person or entity, unless expressly permitted by the written consent of the patient.

A general authorization for the release of medical Page 6 of 23 CODING:

Florida Senate - 2025 CS for CS for SB 1606 595-03792-25588-03143-25 20251606c220251606c1 informationto isthe notpublic sufficientas part of the record of investigation for thisand purpose.prosecution in disciplinary proceedings made available to the public by the department agency or the appropriate regulatory board.

However, the department agency must make available, upon written request by a practitioner against whom probable cause has been found, any such records that form the basis of the determination of probable cause.

(5)(a)(7)(a) If the content of any record of patient treatment is provided under this section, the recipient, if other than the patient or the patient’s representative, may use such information only for the purpose provided and may not further disclose any information to any other person or entity, unless expressly permitted by the written consent of the patient.

A general authorization for the release of medical information is not sufficient for this purpose.

Present subsectionsparagraphs (8),(a) (9),through and(j) (10)of subsection (7) of section 397.501, Florida Statutes, are redesignated as subsectionsparagraphs (9),(c) (10),through and(l), (11), respectively, aand new subsectionparagraphs (8)(a) is added to that section, and paragraph(b) (d)are ofadded subsectionto (7) of that sectionsubsection, is republished, to read:

397.501 Rights of individuals.—Individuals receiving substance abuse services from any service provider are guaranteed protection of the rights specified in this section, unless otherwise expressly provided, and service providers must ensurePage the5 protection of such18 rights.CODING:

(7) RIGHT TO CONFIDENTIALITY OF INDIVIDUAL RECORDS.— (d) Any answer to a request for a disclosure of individual records which is not permissible under this section or under the appropriate federal regulations must be made in a way that will not affirmatively reveal that an identified individual has been, or is being diagnosed or treated for substance abuse.

The regulations do not restrict a disclosure that an identified individual is not and has never received services.

(8) RIGHT TO ACCESS INDIVIDUAL RECORDS.— (a) For requests from an individual, or from an individual’s legal representative as that term is defined in s.

456.057(6)(a), made in writing and in accordance with subsection Page 7 of 23 CODING:

Florida Senate - 2025 CS for CS for SB 1606 595-03792-25588-03143-25 20251606c220251606c1 (7),ensure a service provider shall furnish the requestedprotection individualof recordssuch inrights. the provider’s possession within 14 business days after receiving the request.

A(7) serviceRIGHT providerTO mayACCESS extendAND theCONFIDENTIALITY timeOF forINDIVIDUAL furnishingRECORDS.— the(a) requestedWithin records by up to 14 businessworking days ifafter thereceiving providera notifieswritten therequest requesterfrom ofan theindividual delayor inan writingindividual’s withinlegal therepresentative, firsta 14service businessprovider daysshall afterfurnish receivinga thetrue request and providescorrect thecopy expectedof dateall when the records willin be made available, which must be no later than 14 business days after the originalpossession deadlineof for providing the records.service provider.

The recordsservice mustprovider bemay providedfurnish in the form and format requested byrecords thein requesterpaper ifform theor, requestedupon recordsrequest, are readily producible in thatan formelectronic and format.

IfA service provider that maintains an electronic health record system shall furnish the requested records arein notthe readilymanner produciblechosen inby the requestedrequester, formincluding, orbut format,not thelimited serviceto, provideran mustelectronic produceformat, thesubmission recordsthrough ina anotherpatient’s electronic formpersonal andhealth formatrecord, agreedor toaccess bythrough thea providerweb-based andpatient requesterportal orif inthe aservice readableprovider hardmaintains copya format.patient portal.

FormsFor purposes of accessthis tosection, recordsthe mayterm include,“legal butrepresentative” arehas notthe limitedsame to:meaning as provided in s.

through408.833(1). a web-based application or patient portal, by secure download, via electronic copy delivered by email, on physical media such as a disc or USB drive, by United States mail, or as printed paper records.

(b) Within 10 businessworking days after receiving such a writtenrequest request,from an individual or an individual’s legal representative, a service provider shall provide access to examine the original records in its possession, or microforms or other suitable reproductions of the recordsrecords. in accordance with subsection (7).

400.145 Copies of records of care and treatment of resident.— (1) Upon receipt of a written request that complies with Page 86 of 2318 CODING:

Florida Senate - 2025 CS for CS for SB 1606 595-03792-25588-03143-25 20251606c220251606c1 400.145 Copies of records of care and treatment of resident.— (1) Upon receipt of a written request that complies with the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) and this section, a nursing home facility shall furnish to a competent resident, or to a representative of that resident who is authorized to make requests for the resident’s records under HIPAA or subsection (2), copies of the resident’s paper and electronic records that are in possession of the facility.

The facility shall provide a resident with access to the requested records within 24 hours, excluding weekends and holidays, and provide copies of the requested records within 2 business 14 working days after receipt of a request relating to a current resident or within 30 business working days after receipt of a request relating to a former resident.

Subsection (6) of section 408.803, Florida Statutes, is republished to read:

408.803 Definitions.—As used in this part, the term:

(6) “Client” means any person receiving services from a provider listed in s.

408.802.

Section 6.

408.833 Client access to medical records.— (1) AsFor usedpurposes inof this section, the term:term “legal representative” means an attorney who has been designated by a client to receive copies of the client’s medical, care and treatment, or interdisciplinary records;

(a) “Designated record set” means a grouplegally ofrecognized recordsguardian Page 9 of 23the CODING:client;

a court-appointed representative of the client;

or a person designated by the client or by a court of competent jurisdiction to receive copies of the client’s medical, care and treatment, or interdisciplinary records.

(2) Within 14 working days after receiving a written request from a client or client’s legal representative, a Page 7 of 18 CODING:

Florida Senate - 2025 CS for CS for SB 1606 595-03792-25588-03143-25 20251606c220251606c1 maintainedprovider byshall orfurnish for a providertrue which:and correct copy of all records, including medical, care and treatment, and interdisciplinary records, as applicable, in the possession of the provider.

1.A provider may furnish the requested records in paper form or, upon request, in an electronic format.

IncludesA provider that maintains an electronic health record system shall furnish the medicalrequested records andin billingthe recordsmanner aboutchosen by the requester, including, but not limited to, an electronic format, submission through a clientpatient’s maintainedelectronic bypersonal health record, or foraccess through a web-based patient portal if the provider;provider maintains a patient portal.

(3) Within 10 working days after receiving a request from a client or 2.a client’s legal representative, a provider shall provide access to examine the original records in its possession, or microforms or other suitable reproductions of the records.

Is used, in whole or in part, to make decisions regarding a client’s care, coverage, or benefits.

(b) “Legal representative” means:

1.

A legally recognized guardian of the client;

2.

A court-appointed representative of the client;

3.

A person designated by the client or by a court of competent jurisdiction to receive copies of the client’s medical records, care and treatment records, or interdisciplinary records;

or 4.

An attorney who has been designated by a client to receive copies of the client’s medical records, care and treatment records, or interdisciplinary records.

(2)(a) Within 14 business days after receiving a written request from a client or a client’s legal representative, a provider shall furnish a true and correct copy of the requested records within the designated record set which are in the provider’s possession.

(b) Within 28 business days after receiving a written request from a client or a client’s legal representative, a provider shall furnish a true and correct copy of additional requested records, including medical records, care and treatment records, and interdisciplinary records, as applicable, that are in the provider’s possession.

(c) Within 10 business days after receiving a request from a client or a client’s legal representative, a provider shall provide access to examine the original records in its Page 10 of 23 CODING:

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Florida Senate - 2025 CS for CS for SB 1606 595-03792-25 20251606c2 possession, or microforms or other suitable reproductions of the records.

(3)(4) AThis providersection maydoes extendnot theapply timeto: for furnishing the requested records by up to 14 business days if the provider:

(a) NotifiesRecords themaintained clientat ora legallicensed representativefacility, ofas thedefined delay in writings. within the first 14 business days after receiving the request;

and395.002, (b)the Providesprimary thefunction expectedof datewhich whenis theto recordsprovide willpsychiatric becare madeto available,its whichpatients, mustor beto norecords laterof thantreatment 14for businessany daysmental afteror theemotional originalcondition deadlineat forany providingother thelicensed records.facility which are governed by s.

(4) The records must be provided in the form and format requested by the client or legal representative if the requested records are readily producible in that form and format.

If the requested records are not readily producible in the requested form or format, the provider must produce the records in another electronic form and format agreed to by the requester and the provider or in a readable hard copy format.

Forms of access to records may include, but are not limited to:

through a web-based application or patient portal, by secure download, via electronic copy delivered by email, on physical media such as a disc or USB drive, by United States mail, or as printed paper records.

(5) This section does not apply to:

(a) Records maintained at a licensed facility as defined in s.

395.002, the primary function of which is to provide psychiatric care to its patients, or to records of treatment for any mental or emotional condition at any other licensed facility Page 11 of 23 CODING:

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words underlined are additions.

Florida Senate - 2025 CS for CS for SB 1606 595-03792-25 20251606c2 which are governed by s.

or (c) Records of a resident of a nursing home facilityfacility. which are governed by s.

400.145.Section 6.

Section 7.

456.057Page Ownership8 and control of patient18 records;CODING:

report or copies of records to be furnished;

disclosure of information.— (6)(a) As used in this subsection, the term:

1.

“Designated record set” means a group of records maintained by or for the health care practitioner which:

a.

Includes the medical records and billing records about a patient maintained by or for a practitioner;

or b.

Is used, in whole or in part, to make decisions regarding the patient’s care, coverage, or benefits.

2.

“Legal representative” means:

a.

A legally recognized guardian of the patient;

b.

A court-appointed representative of the patient;

c.

A person designated by the patient or by a court of competent jurisdiction to receive copies of the patient’s medical records, care and treatment records, or interdisciplinary records;

or d.

An attorney who has been designated by a patient to receive copies of the patient’s medical records, care and treatment records, or interdisciplinary records.

(b)1.

Within 14 business days after receiving a written Any health care practitioner licensed by the department or a board within the department who makes a physical or mental examination Page 12 of 23 CODING:

Florida Senate - 2025 CS for CS for SB 1606 595-03792-25588-03143-25 20251606c220251606c1 of,456.057 orOwnership administers treatment or dispenses legend drugs to, any person shall, upon request from a patient of such person or the patient’s person’s legal representative, a health care practitioner shall furnish a true and correctcontrol copy of thepatient requestedrecords; records within the designated record set which are in the provider’s possession.

2.report or copies of records to be furnished;

Withindisclosure 28of businessinformation.— days(6)(a) afterAny receivinghealth care practitioner licensed by the department or a writtenboard requestwithin fromthe department who makes a physical or mental examination of, or administers treatment or dispenses legend drugs to, any patient person shall, upon request of such patient person or athe patient’s person’s legal representative, afurnish, healthwithin care14 practitionerworking shalldays furnishafter asuch truerequest andin correcta copytimely ofmanner, additionalwithout requesteddelays records,for includinglegal medicalreview, records,copies careof all reports and treatmentrecords records,relating andto interdisciplinarysuch records,examination asor applicable,treatment, thatincluding areX inrays theand practitioner’sinsurance possession.information.

3.A health care practitioner may furnish the requested reports and records in paper form or, upon request, in an electronic format.

WithinA 10health businesscare dayspractitioner afterwho receivingmaintains aan requestelectronic fromhealth arecord patientsystem orshall afurnish patient’sthe legalrequested representative,reports aand healthrecords carein practitionerthe shallmanner providechosen accessby tothe examinerequester, theincluding, originalbut recordsnot inlimited itsto, possession,an orelectronic microformsformat, submission through a patient’s electronic personal health record, or otheraccess suitablethrough reproductionsa ofweb-based patient portal if the records.practitioner maintains a patient portal.

AFor healthpurposes careof practitionerthis maysection, imposethe anyterm reasonable“legal termsrepresentative” necessarymeans toa ensurepatient’s thatattorney who has been designated by the recordspatient willto notreceive becopies damaged,of destroyed,the orpatient’s altered,medical inrecords, a timelylegally manner,recognized withoutguardian delaysof forthe legalpatient, review,a copiescourt-appointed representative of allthe reportspatient, andor recordsany relatingother toperson suchdesignated examinationby the patient or treatment,by includinga Xcourt raysof andcompetent insurancejurisdiction information.to receive copies of the patient’s medical records.

However,(b) whenWithin a10 patient’sworking psychiatric,days chapterafter 490receiving psychological,a orwritten chapterrequest 491 psychotherapeutic records are requested by thea patient or thea patient’s legal representative, thea healthhealthcare care practitioner maymust provide aaccess reportto ofexamine examinationthe andPage treatment9 in lieu of copies18 ofCODING: records.

Upon a patient’s written request, complete copies of the patient’s psychiatric Page 13 of 23 CODING:

Florida Senate - 2025 CS for CS for SB 1606 595-03792-25588-03143-25 20251606c220251606c1 recordsoriginal shallreports beand providedrecords, directlyor tomicroforms aor subsequentother treatingsuitable psychiatrist.reproductions of the reports and records in the healthcare practitioner’s possession.

The healthcare practitioner may impose any reasonable terms necessary to ensure that the reports and records will not be damaged, destroyed, or altered.

(c) However, When a patient’s psychiatric, chapter 490 psychological, or chapter 491 psychotherapeutic records are requested by the patient or the patient’s legal representative, the health care practitioner may provide a report of examination and treatment in lieu of copies of records.

Upon a patient’s written request, complete copies of the patient’s psychiatric records shall be provided directly to a subsequent treating psychiatrist.

(c)Section A7. health care practitioner may extend the time for furnishing the requested records by up to 14 business days if the health care practitioner:

1.

Notifies the patient or legal representative of the delay in writing within the first 14 business days after receiving the request;

and 2.

Provides the expected date when the records will be made available, which must be no later than 14 business days after the original deadline for providing the records.

(d) The records must be provided in the form and format requested by the patient or legal representative if the requested records are readily producible in that form and format.

If the requested records are not readily producible in the requested form or format, the health care practitioner must produce the records in another electronic form and format agreed to by the requester and the practitioner or in a readable hard copy format.

Forms of access to records may include, but are not limited to:

through a web-based application or patient portal, by secure download, via electronic copy delivered by email, on physical media such as a disc or USB drive, by United States mail, or as printed paper records.

Section 8.

refusal.— (1) Page(f)1. 14 of 23 CODING:

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Florida Senate - 2025 CS for CS for SB 1606 595-03792-25 20251606c2 (f)1.

However, the failure of a law enforcement officer to request the withdrawal of blood does not affect the admissibilityPage of10 a test of blood18 withdrawnCODING: for medical purposes.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 1606 588-03143-25 20251606c1 admissibility of a test of blood withdrawn for medical purposes.

316.193(1)(b), the health care provider may notify any law Pageenforcement 15officer ofor 23law CODING:enforcement agency.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for CS for SB 1606 595-03792-25 20251606c2 enforcement officer or law enforcement agency.

d.Page 11 of 18 CODING:

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Florida Senate - 2025 CS for SB 1606 588-03143-25 20251606c1 d.

Any such participant has the same immunity with respect to participating Pagein 16any ofjudicial 23proceedings CODING:resulting from the notice or failure to provide notice.

3.

The person tested may, at his or her own expense, have a physician, registered nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, or other person of his or her own choosing administer an independent test in addition to the test administered at the direction of the law enforcement officer for the purpose of determining the amount of alcohol in the person’s blood or breath or the presence of Page 12 of 18 CODING:

Florida Senate - 2025 CS for CS for SB 1606 595-03792-25588-03143-25 20251606c220251606c1 inchemical anysubstances judicialor proceedingscontrolled resultingsubstances fromat the noticetime alleged, as shown by chemical analysis of his or failureher toblood provideor notice.urine, or by chemical or physical test of his or her breath.

3.

The person tested may, at his or her own expense, have a physician, registered nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, or other person of his or her own choosing administer an independent test in addition to the test administered at the direction of the law enforcement officer for the purpose of determining the amount of alcohol in the person’s blood or breath or the presence of chemical substances or controlled substances at the time alleged, as shown by chemical analysis of his or her blood or urine, or by chemical or physical test of his or her breath.

The time of the collection of the blood or breath sample Pageanalyzed. 17 of 23 CODING:

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Florida Senate - 2025 CS for CS for SB 1606 595-03792-25 20251606c2 analyzed.

FullPage information13 does not include manuals, schematics, or software of the18 instrumentCODING: used to test the person or any other material that is not in the actual possession of the state.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 1606 588-03143-25 20251606c1 Full information does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the state.

Section 9.8.

Page316.1933 18Blood test for impairment or intoxication in cases of 23death CODING:or serious bodily injury;

right to use reasonable force.— (2)(a) Only a physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, acting at the request of a law enforcement officer, may withdraw blood for the purpose of determining the alcoholic content thereof or the presence of chemical substances or controlled substances Page 14 of 18 CODING:

Florida Senate - 2025 CS for CS for SB 1606 595-03792-25588-03143-25 20251606c220251606c1 316.1933therein. Blood test for impairment or intoxication in cases of death or serious bodily injury;

right to use reasonable force.— (2)(a) Only a physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, acting at the request of a law enforcement officer, may withdraw blood for the purpose of determining the alcoholic content thereof or the presence of chemical substances or controlled substances therein.

The notice shall consist only of the name of the person being treated, the name of the person who drew the blood, the Pageblood-alcohol 19level indicated by the test, and the date and time of 23the CODING:administration of the test.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for CS for SB 1606 595-03792-25 20251606c2 blood-alcohol level indicated by the test, and the date and time of the administration of the test.

It shall not be a breach of any ethical, moral, or legal duty for a health care provider to provide notice or failPage to15 provideof notice.18 CODING:

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words underlined are additions.

Florida Senate - 2025 CS for SB 1606 588-03143-25 20251606c1 fail to provide notice.

Section 10.9.

records.— (13) Patient care, transport, or treatment records or reports, or patient care quality assurance proceedings, records, Pageor 20reports ofobtained 23or CODING:made pursuant to this section, s.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for CS for SB 1606 595-03792-25 20251606c2 or reports obtained or made pursuant to this section, s.

Section 11.10.

ParagraphSubsection (c)(1) of subsection (2) of section 397.702,429.294, Florida Statutes,Page is16 amendedof to18 read:CODING:

397.702 Authorization of local ordinances for treatment of habitual abusers in licensed secure facilities.— (2) Ordinances for the treatment of habitual abusers must provide:

(c) That the court with jurisdiction to make the determination authorized by this section shall hear the petition on an emergency basis as soon as practicable but not later than 10 days after the date the petition was filed.

If the allegations of the petition indicate that the respondent has requested the appointment of an attorney, or otherwise indicate the absence of any competent person to speak at the hearing on behalf of the respondent, the court shall immediately appoint an attorney to represent the respondent pursuant to s.

397.501(9) s.

397.501(8), and shall provide notice of the hearing to the attorney.

When the court sets a hearing date the petitioner shall provide notice of the hearing and a copy of the petition to all of the persons named in the petition pursuant to subparagraph (b)2., and to such other persons as may be ordered Page 21 of 23 CODING:

Florida Senate - 2025 CS for CS for SB 1606 595-03792-25588-03143-25 20251606c220251606c1 byStatutes, theis courtamended to receiveread: notice.

Section 12.

Subsection (1) of section 429.294, Florida Statutes, is amended to read:

Section 13.11.

Section 14.12.

456.47 Use of telehealth to provide services.— (3) RECORDS.—A telehealth provider shall document in the Page 2217 of 2318 CODING:

Florida Senate - 2025 CS for CS for SB 1606 595-03792-25588-03143-25 20251606c220251606c1 456.47 Use of telehealth to provide services.— (3) RECORDS.—A telehealth provider shall document in the patient’s medical record the health care services rendered using telehealth according to the same standard as used for in-person services.

Section 15.13.

Page 2318 of 2318 CODING: