Florida Statute 394.4615 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 or legal custodian authorizes the release. The guardian, guardian advocate, or legal custodian shall be provided access to the appropriate clinical records of the patient. 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.

(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 services or for preparing the proposed services plan pursuant to s. 394.4655 or s. 394.467, 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 under s. 394.4655 or s. 394.467, 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 must have reasonable access to their clinical records, unless such access is determined by the patient’s physician or the patient’s psychiatric nurse 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 must be given to the patient and the patient’s guardian, guardian advocate, attorney, and representative. In addition, the restriction must 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 expires 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; s. 17, ch. 2024-15; s. 6, ch. 2024-245.

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 Citing Statute 394.4615

Total Results: 20

ANDREW POLLACK v. NIKOLAS JACOB CRUZ

Court: District Court of Appeal of Florida | Date Filed: 2020-05-27

Snippet: potential victims or law enforcement either. See § 394.4615, Fla. Stat. (2019) (service providers under the

In Re: Amendments to Florida Rule of Judicial Administration 2.420

Court: Supreme Court of Florida | Date Filed: 2019-11-07

Snippet: (viii) Clinical records under the Baker Act, § 394.4615(7), Fla. Stat., and all petitions, court orders

In Re: Amendments to Florida Rule of Judicial Administration 2.420

Court: Supreme Court of Florida | Date Filed: 2019-06-27

Snippet: (viii) Clinical records under the Baker Act., § 394.4615(7), Fla. Stat., and all petitions, court orders

Florida Agency For Health Care Administration v. Zuckerman Spaeder, LLP

Court: District Court of Appeal of Florida | Date Filed: 2017-07-06

Citation: 221 So. 3d 1260, 2017 WL 2870998, 2017 Fla. App. LEXIS 9660

Snippet: 24(a), Art. I of the State Constitution.”); § 394.4615(1), Florida Statutes. (“A clinical record is confidential

Corey Lake v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-03-30

Citation: 193 So. 3d 932, 44 Media L. Rep. (BNA) 2073, 2016 Fla. App. LEXIS 4928

Snippet: made confidential and not a .public .record. § 394.4615(1), Fla. Stat. (2015). Release of such records

In Re Amendments to FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420

Court: Supreme Court of Florida | Date Filed: 2015-01-22

Citation: 156 So. 3d 499, 40 Fla. L. Weekly Supp. 29, 43 Media L. Rep. (BNA) 1199, 2015 Fla. LEXIS 113

Snippet: (viii) Clinical records under the Baker Act. § 394.4615(7), Fla. Stat. (ix) Records of substance

S.P., by and through her natural guardian R.P. v. Anthony Vecchio and the State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2014-10-01

Citation: 162 So. 3d 75, 2014 Fla. App. LEXIS 15249

Snippet: determines there is good cause, see section 394.4615(2)(c), Florida Statutes (2013), there is no such

In re Amendments to Florida Rule of Judicial Administration 2.420

Court: Supreme Court of Florida | Date Filed: 2013-03-28

Citation: 124 So. 3d 819, 38 Fla. L. Weekly Supp. 199, 2013 WL 1234993, 2013 Fla. LEXIS 543

Snippet: eClinical mental health records under the Baker Act. § 394.4615(7), Fla. Stat. (ix) Records of substance abuse

Brown v. Montanez

Court: District Court of Appeal of Florida | Date Filed: 2012-06-27

Citation: 90 So. 3d 982, 2012 WL 2401100, 2012 Fla. App. LEXIS 10496

Snippet: inspection and disclosure when good cause is shown, § 394.4615, Fla. Stat. — the party seeking the records first

In Re Amendments to Florida Rule of Judicial Administration 2.420

Court: Supreme Court of Florida | Date Filed: 2011-07-07

Citation: 68 So. 3d 228, 36 Fla. L. Weekly Supp. 414, 2011 Fla. LEXIS 1573, 2011 WL 2637473

Snippet: clinical mental health records under the Baker Act. §394.4615(7), Fla. Stat. _____ Records of substance abuse

In Re Amendments to Florida Rule of Judicial Administration 2.420

Court: Supreme Court of Florida | Date Filed: 2010-03-18

Citation: 31 So. 3d 756, 35 Fla. L. Weekly Supp. 180, 2010 Fla. LEXIS 405, 2010 WL 958075

Snippet: clinical mental health records under the Baker Act. § 394.4615(7), Fla. Stat. (ix) Records of substance abuse

Floyd v. State

Court: Supreme Court of Florida | Date Filed: 2009-06-04

Citation: 18 So. 3d 432, 34 Fla. L. Weekly Supp. 359, 2009 Fla. LEXIS 860, 2009 WL 1544273

Snippet: (1996)). Despite the statutory privilege, section 394.4615(2)(c), Florida Statutes (2005), allows a court

CL v. Judd

Court: District Court of Appeal of Florida | Date Filed: 2007-11-02

Citation: 993 So. 2d 991, 2007 WL 3225415

Snippet: *995 Act records may be disclosed under section 394.4615(2)(c), Florida Statutes (2005). The trial court

DEVEREUX FLA. TREATMENT NETWORK v. McIntosh

Court: District Court of Appeal of Florida | Date Filed: 2006-10-27

Citation: 940 So. 2d 1202

Snippet: psychiatric records of its patients. Under section 394.4615(1), Florida Statutes, these records are to be

Jones v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-10-25

Citation: 912 So. 2d 686, 2005 WL 2736542

Snippet: mental health services in violation of section 394.4615(11), Florida Statutes, but that conviction is

State v. Roberson

Court: District Court of Appeal of Florida | Date Filed: 2004-09-17

Citation: 884 So. 2d 976, 2004 WL 2071196

Snippet: except under very limited circumstances. Section 394.4615, Florida Statutes (2003), which describes the

Community Healthcare Centerone, Inc. v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-07-30

Citation: 852 So. 2d 322, 2003 Fla. App. LEXIS 11714, 2003 WL 21750273

Snippet: without a court order. Another statute, section 394.4615(2)(c), provided for release of mental health records

Cedars Healthcare Group Ltd. v. Freeman

Court: District Court of Appeal of Florida | Date Filed: 2002-11-06

Citation: 829 So. 2d 390, 2002 WL 31466407

Snippet: 503(2), Florida Statutes (2001), as well as section 394.4615, Florida Statutes (2001), providing for the confidentiality

State v. Famiglietti

Court: District Court of Appeal of Florida | Date Filed: 2002-05-08

Citation: 817 So. 2d 901, 2002 WL 879409

Snippet: mental health treatment records covered by sections 394.4615 and 397.501, Florida Statutes (1997). 731 So.2d

Attorney Ad Litem for DK v. Parents of DK

Court: District Court of Appeal of Florida | Date Filed: 2001-03-21

Citation: 780 So. 2d 301, 2001 Fla. App. LEXIS 3473, 2001 WL 273834

Snippet: "appropriate" clinical records of the minor patient. § 394.4615(2)(a), Fla.Stat. (2000). Further, a parent can