Florida Statute 381.0031 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 381
PUBLIC HEALTH: GENERAL PROVISIONS

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F.S. 381.0031

381.0031 Epidemiological research; report of diseases of public health significance to department.—

(1) The department may conduct studies concerning the epidemiology of diseases of public health significance affecting people in Florida.

(2) Any practitioner licensed in this state to practice medicine, osteopathic medicine, chiropractic medicine, naturopathy, or veterinary medicine; any licensed pharmacist authorized under a protocol with a supervising physician under s. 465.1895, or a collaborative pharmacy practice agreement, as defined in s. 465.1865, to perform or order and evaluate laboratory and clinical tests; any hospital licensed under part I of chapter 395; or any laboratory appropriately certified by the Centers for Medicare and Medicaid Services under the federal Clinical Laboratory Improvement Amendments and the federal rules adopted thereunder which diagnoses or suspects the existence of a disease of public health significance shall immediately report the fact to the Department of Health.

(3) An animal control officer operating under s. 828.27, a wildlife officer operating under s. 379.3311, or an animal disease laboratory operating under s. 585.61 shall report knowledge of any animal bite, diagnosis of disease in an animal, or suspicion of a grouping or clustering of animals having similar disease, symptoms, or syndromes that may indicate the presence of a threat to humans.

(4) The department shall periodically issue a list of infectious or noninfectious diseases determined by it to be a threat to public health and therefore of significance to public health and shall furnish a copy of the list to the practitioners listed in subsection (2). The list shall be based on the diseases recommended to be nationally notifiable by the Council of State and Territorial Epidemiologists and the Centers for Disease Control and Prevention. The department may expand upon the list if a disease emerges for which regular, frequent, and timely information regarding individual cases is considered necessary for the prevention and control of a disease specific to Florida.

(5) Reports required by this section must be in accordance with methods specified by rule of the department.

(6) Information submitted in reports required by this section is confidential, exempt from the provisions of s. 119.07(1), and is to be made public only when necessary to public health. A report so submitted is not a violation of the confidential relationship between practitioner and patient.

(7) The department may obtain and inspect copies of medical records, records of laboratory tests, and other medical-related information for reported cases of diseases of public health significance described in subsection (4). The department shall examine the records of a person who has a disease of public health significance only for purposes of preventing and eliminating outbreaks of disease and making epidemiological investigations of reported cases of diseases of public health significance, notwithstanding any other law to the contrary. Health care practitioners, licensed health care facilities, and laboratories shall allow the department to inspect and obtain copies of such medical records and medical-related information, notwithstanding any other law to the contrary. Release of medical records and medical-related information to the department by a health care practitioner, licensed health care facility, or laboratory, or by an authorized employee or agent thereof, does not constitute a violation of the confidentiality of patient records. A health care practitioner, health care facility, or laboratory, or any employee or agent thereof, may not be held liable in any manner for damages and is not subject to criminal penalties for providing patient records to the department as authorized by this section.

(8) The department may adopt rules related to reporting diseases of significance to public health, which must specify the information to be included in the report, who is required to report, the method and time period for reporting, requirements for enforcement, and required followup activities by the department which are necessary to protect public health.

(9) This section does not affect s. 384.25.

History.—s. 2, ch. 29834, 1955; ss. 19, 35, ch. 69-106; s. 67, ch. 77-147; s. 4, ch. 89-311; s. 2, ch. 90-347; s. 15, ch. 91-297; s. 2, ch. 95-188; s. 184, ch. 96-406; s. 175, ch. 97-101; s. 4, ch. 98-151; s. 252, ch. 98-166; s. 8, ch. 2000-367; s. 1, ch. 2012-173; s. 15, ch. 2012-184; s. 6, ch. 2018-24; s. 1, ch. 2020-7.

Note.—Former s. 381.231.

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Amendments to 381.0031

Arrestable Offenses / Crimes under Fla. Stat. 381.0031

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 381.0031.

Annotations, Discussions, Cases:

Cases Citing Statute 381.0031

Total Results: 16

Osterback v. Agwunobi

Court: Fla. Dist. Ct. App. | Date Filed: 2004-04-26T00:53:00-07:00

Citation: 873 So. 2d 437

Snippet: 381.0012 381.031(3). Such rules shall be a part of the Sanitary Code of Florida created by s. 381.031(1)(g…repealed section 381.031 in its entirety. Id., § 58, at 2876. The language in section 381.031 that granted…provision authorizing chapter 10D-7, from section 381.031(1)(g)3. to section 381.006(7) (currently section… repeal of any rules promulgated under section 381.031(1)(g). A review of the act does not support such…institutions for the mentally ill." Compare § 381.031(1)(g)3., Fla. Stat. (1989) with § 381.006(7), Fla

Ago

Court: Fla. Att'y Gen. | Date Filed: 1991-05-14T00:53:00-07:00

Snippet: property shall escheat to the state. 13 See, s. 381.031(1)(g)10., F.S. (Department of Health and Rehabilitative

Cape Cave Corp. v. State, Department of Environmental Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 1986-11-20T00:00:00-08:00

Citation: 498 So. 2d 1309, 11 Fla. L. Weekly 2449, 1986 Fla. App. LEXIS 10785

Snippet: the stated purposes of Chapter 381. See Sections 381.031 and 381.061, Fla.Stat. ... In contrast, the Department

National Adoption Counseling Service, Inc. v. State, Department of Health & Rehabilitative Services

Court: Fla. Dist. Ct. App. | Date Filed: 1985-12-31T00:00:00-08:00

Citation: 480 So. 2d 250, 11 Fla. L. Weekly 94, 1985 Fla. App. LEXIS 6030

Snippet: suit for injunctive relief pursuant to section 381.031(3)(b)(3), Florida Statutes (1984); that National… to seek an injunction is contained in section 381.-031(3)(b)l(3), which provides: (3) The department …traditional forms of public health concerns. Section 381.031 sets out these duties with specificity. For example… respect to communicable diseases (subsections 381.031(l)(b), (c), (d), (e) and (f), sanitary practices…arthropods of public health importance (sub-section 381.031(l)(g)3), control of pigeons or psittacine birds

Dept. of Hlt. & Rehabilitative Serv. v. Fla Psychiatric Society, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1980-04-15T23:53:00-08:00

Citation: 382 So. 2d 1280

Snippet: first of the statutes cited in the rule, Section 381.031(1)(g)(11), gives the Department power to adopt …limited by the next subsection, (h), of Section 381.031(1), which provides in part: "... nothing herein…is specifically provided by law." (Section 381.031(1)(h), Florida Statutes). As interpreted by the…unrestricted. While the 1977 legislature amended Section 381.031 by including the licensing provisions, it, and …rule-making authority of the Department under Sections 381.031(1)(g)11, 394.457(5), 394.78(1), (2)(b), 400.23(

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-10-24T00:53:00-07:00

Snippet: adopted under the authority of ss. 513.05 and 381.031, F.S., do not apply to parking lots and areas maintained… camps as may be necessary." And under s. 381.031(1)(g)3., id., the division may adopt rules and …quot; Pursuant to the authority of ss. 513.05 and 381.031, supra, the division adopted Chapter 10D-26, Florida…the division of its rule-making power under s. 381.031(1)(g), supra, it seems clear that the regulations

Bruggisser v. Bruggisser

Court: Fla. Dist. Ct. App. | Date Filed: 1970-02-03T00:00:00-08:00

Citation: 231 So. 2d 278, 1970 Fla. App. LEXIS 6927

Snippet: evidence. See, e. g., Neal v. Harrington, 159 Fla. 381, 31 So.2d 391 (1947). In addition we acknowledge that

Town of Palm Beach Shores v. Colonnades, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1968-11-21T00:00:00-08:00

Citation: 216 So. 2d 78, 1968 Fla. App. LEXIS 4670

Snippet: industrial, manufacturing or processing plant”. Section 381.031(4) (b) 1, F.S.1967, F.S.A. As a practical matter…given to the board of public health in Section 381.031(4) (b) 1, F.S. 1967, F.S.A., and that this is the…the legislative intent is specified in Section 381.031(5) wherein it provides: “ * * * [T]he board shall

Florida Heart Ass'n v. Frazier

Court: Fla. Dist. Ct. App. | Date Filed: 1966-11-04T00:00:00-08:00

Citation: 192 So. 2d 83, 1966 Fla. App. LEXIS 4609

Snippet: Fla.Stat, F.S.A.; Neal v. Harrington, 159 Fla. 381, 31 So.2d 391; Barry v. Walker, 103 Fla. 533, 137 So

Hurtenbach v. Butler

Court: Fla. Dist. Ct. App. | Date Filed: 1963-05-07T00:00:00-07:00

Citation: 153 So. 2d 26, 1963 Fla. App. LEXIS 3675

Snippet: Fla.Stat., F.S.A.; Neal v. Harrington, 159 Fla. 381, 31 So.2d 391; Barry v. Walker, 103 Fla. 533, 137 So

Lewis v. Florida State Board of Health

Court: Fla. Dist. Ct. App. | Date Filed: 1962-06-21T00:53:00-07:00

Citation: 143 So. 2d 867

Snippet: has spoken upon this subject matter in Section 381.031, Florida Statutes, F.S.A. *870 This section provides…promulgated by the Board under the authority of 381.031(1) (g) (12), Florida Statutes. 093.3 Definitions

De Mandel v. First National Bank of Clearwater

Court: Fla. Dist. Ct. App. | Date Filed: 1962-03-23T00:00:00-08:00

Citation: 139 So. 2d 904, 1962 Fla. App. LEXIS 3534

Snippet: So. 80; and Neal v. Harrington, 1947, 159 Fla. 381, 31 So.2d 391.” A great deal of emphasis was placed

Skelton v. Davis

Court: Fla. Dist. Ct. App. | Date Filed: 1961-10-04T23:53:00-08:00

Citation: 133 So. 2d 432

Snippet: 82 So. 236, 241; Neal v. Harrington, 159 Fla. 381, 31 So.2d 391; In re Wilmott's Estate, Fla. 1953

In Re Bailey's Estate

Court: Fla. Dist. Ct. App. | Date Filed: 1960-07-20T00:00:00-07:00

Citation: 122 So. 2d 243

Snippet: So. 80; and Neal v. Harrington, 1947, 159 Fla. 381, 31 So.2d 391. Catherine Bailey suffered a stroke in

City of Hollywood v. Bair

Court: Fla. | Date Filed: 1957-02-13T00:00:00-08:00

Citation: 93 So. 2d 60

Snippet: whether any rules have been adopted under Sec. 381.031(1) (g), Florida Statutes 1955, and F.S.A., that

In Re Wilmott's Estate

Court: Fla. | Date Filed: 1953-06-05T00:53:00-07:00

Citation: 66 So. 2d 465

Snippet: 51, 27 So.2d 667; Neal v. Harrington, 159 Fla. 381, 31 So.2d 391. A sick person may make a valid will