Florida Statute 401.30 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 401
MEDICAL TELECOMMUNICATIONS AND TRANSPORTATION

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F.S. 401.30

401.30 Records.—

(1) Each licensee must maintain accurate records of emergency calls on forms that contain such information as is required by the department. These records must be available for inspection by the department at any reasonable time, and copies thereof must be furnished to the department upon request. The department shall give each licensee notice of what information such forms must contain.

(2) Each licensee must provide the receiving hospital with a copy of an individual patient care record for each patient who is transported to the hospital. The information contained in the record and the method and timeframe for providing the record shall be prescribed by rule of the department.

(3) Reports to the department from licensees which cover statistical data are public records, except that the names of patients and other patient-identifying information contained in such reports are confidential and exempt from the provisions of s. 119.07(1). Any record furnished by a licensee at the request of the department must be a true and certified copy of the original record and may not be altered or have information deleted.

(4) Records of emergency calls which contain patient examination or treatment information are confidential and exempt from the provisions of s. 119.07(1) and may not be disclosed without the consent of the person to whom they pertain, but appropriate limited disclosure may be made without such consent:

(a) To the person’s guardian, to the next of kin if the person is deceased, or to a parent if the person is a minor;

(b) To hospital personnel for use in conjunction with the treatment of the patient;

(d) To the service medical director;

(e) For use in a critical incident stress debriefing. Any such discussions during a critical incident stress debriefing shall be considered privileged communication under s. 90.503;

(f) In any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice by the party seeking such records, to the patient or his or her legal representative; or

(g) To a local trauma agency or a regional trauma agency, or a panel or committee assembled by such an agency to assist the agency in performing quality assurance activities in accordance with a plan approved under s. 395.401. Records obtained under this paragraph are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

This subsection does not prohibit the department or a licensee from providing information to any law enforcement agency or any other regulatory agency responsible for the regulation or supervision of emergency medical services and personnel.

(5) The department shall adopt and enforce all rules necessary to administer this section.

History.—s. 10, ch. 73-126; s. 3, ch. 76-168; s. 254, ch. 77-147; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 12, 24, 25, ch. 82-402; s. 13, ch. 83-196; s. 11, ch. 84-317; s. 40, ch. 87-225; s. 17, ch. 90-344; ss. 12, 36, ch. 92-78; s. 5, ch. 94-260; s. 1058, ch. 95-148; s. 233, ch. 96-406; s. 21, ch. 98-151; s. 33, ch. 99-397.

F.S. 401.30 on Google Scholar

F.S. 401.30 on Casetext

Amendments to 401.30

Arrestable Offenses / Crimes under Fla. Stat. 401.30

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 401.30.

Annotations, Discussions, Cases:

Cases Citing Statute 401.30

Total Results: 13

YERAL ANDALIA RODRIGUEZ v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-12-02

Snippet: medical records. See §§ 456.057(7); 395.3025(4); 401.30(4), Fla. Stat. (2018). Each of those statutes permits

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Court: Florida Attorney General Reports | Date Filed: 2009-06-15

Snippet: substantially the following question: Pursuant to section 401.30(3) and (4), Florida Statutes, is the entire record

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Court: Florida Attorney General Reports | Date Filed: 2008-05-05

Snippet: substantially the following question: Does section 401.30, Florida Statutes, permit an emergency medical

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Court: Florida Attorney General Reports | Date Filed: 2004-03-24

Snippet: question: Is a city commissioner authorized by section 401.30(4), Florida Statutes, to review the records of

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Court: Florida Attorney General Reports | Date Filed: 2001-05-09

Snippet: to confidential records produced under section 401.30, Florida Statutes, which requires records of emergency

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Court: Florida Attorney General Reports | Date Filed: 1996-07-23

Snippet: to confidential records produced under section 401.30, Florida Statutes, by a city attorney and other

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Court: Florida Attorney General Reports | Date Filed: 1995-12-05

Snippet: treatment information by section 401.30(3), Florida Statutes? In sum: Section 401.30(3), Florida Statutes, does

Lee County v. State Farm Mut. Automobile Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 1994-03-25

Citation: 634 So. 2d 250, 1994 Fla. App. LEXIS 3078, 1994 WL 98803

Snippet: Lee County Medical Services. Pursuant to section 401.30(3), Florida Statutes (1991), "[r]ecords of emergency

TALLAHASSEE MEMORIAL MED. CTR., INC. v. Meeks

Court: Supreme Court of Florida | Date Filed: 1990-03-29

Citation: 560 So. 2d 778, 1990 WL 68259

Snippet: emergency ambulance activity and, hence, subsection 401.30(3), Florida Statutes (1979), which provides that

Tallahassee Memorial Regional Medical Center, Inc. v. Meeks ex rel. Adams

Court: District Court of Appeal of Florida | Date Filed: 1989-03-10

Citation: 543 So. 2d 770, 14 Fla. L. Weekly 636, 1989 Fla. App. LEXIS 1370

Snippet: argues that the controlling *773statute is Section 401.30(3), Florida Statutes, dealing specifically with

TALLAHASSEE MEM. REG. MED. CTR. INC. v. Meeks

Court: District Court of Appeal of Florida | Date Filed: 1989-03-10

Citation: 543 So. 2d 770

Snippet: argues that the controlling *773 statute is Section 401.30(3), Florida Statutes, dealing specifically with

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Court: Florida Attorney General Reports | Date Filed: 1986-11-03

Snippet: THE PRODUCTION OF SUCH INFORMATION PURSUANT TO s. 401.30(3)(d), F.S.? According to your letter the Palm

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Court: Florida Attorney General Reports | Date Filed: 1980-12-09

Snippet: ss.401.25(3)(b), 401.26(2) and (3), 401.27(2), 401.30, 401.31(2),401.35, 401.42, 401.46(1), and 401.47(2)