CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1994 Fla. App. LEXIS 3078, 1994 WL 98803
...in a particular manner. We agree with the County that the writ was improperly issued and, accordingly, quash the writ of mandamus. The Lee County Tax Collector's Office is the custodian of records prepared by Lee County Medical Services. Pursuant to section 401.30(3), Florida Statutes (1991), "[r]ecords of emergency calls that contain patient examination or treatment information are confidential and exempt from the provisions of s....
...The County's policy requires the patient's notarized signature on all release forms. State Farm objected to the requirement of a notarized signature and sought a writ of mandamus. State Farm argued a notarized consent form was not required because it was not dictated by section 401.30....
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Cited as authorityShore (2010)phrase: "rule_authority"
Cited as authorityCrosby (2004)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...Appellant argues that admissibility of the incident report is controlled by Section 395.041(4), Florida Statutes, governing internal risk management programs, which provides that incident reports are discoverable, but not admissible. Appellee, on the other hand, argues that the controlling *773 statute is Section 401.30(3), Florida Statutes, dealing specifically with emergency medical services, which provides that records of emergency calls may be disclosed in civil or criminal actions, unless otherwise prohibited by law....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 636, 1989 Fla. App. LEXIS 1370
...Appellant argues that admissibility of the incident report is controlled by Section 395.041(4), Florida Statutes, governing internal risk management programs, which provides that incident reports are discoverable, but not admissible. Appellee, on the other hand, argues that the controlling *773 statute is Section 401.30(3), Florida Statutes, dealing specifically with emergency medical services, which provides that records of emergency calls may be disclosed in civil or criminal actions, unless otherwise prohibited by law....
0 red0 yellow3 green1 procedural
Cited as authorityAraujo (1997)phrase: "rule_authority"
Cited as authorityMeeks (1990)phrase: "rule_authority"
Cited as authorityGup (1989)phrase: "rule_authority"
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
...In light of the written authorizations executed by the paramedics and medical technicians, it was concluded that the physician could release the medical records to the city. A similar situation was addressed in Attorney General Opinion 95-75, regarding who may have access to confidential records produced under section 401.30 , Florida Statutes, which requires records of emergency calls to be maintained by a provider....
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
Mr. James C. Brady Lauderdale Lakes City Attorney 501 Northeast 8th Street Fort Lauderdale, Florida 33304 Dear Mr. Brady: You have asked for my opinion on substantially the following question: Is a city commissioner authorized by section 401.30 (4), Florida Statutes, to review the records of emergency calls by the city's fire-rescue department when those records contain patient examination and treatment information? According to your letter, a constituent has contacted a city...
...Alexander, M.D., Emergency Medical Transportation Services Act." 1 The act addresses the provision of medical transportation services and provides for the investigation, examination, licensing, technical assistance and support services for such programs. 2 Section 401.30 , Florida Statutes, contains provisions relating to the treatment of records of those entities licensed to act under this part. A "[l]icensee" is defined to mean "any basic life support service, advanced life support service, or air ambulance service licensed pursuant to this part." 3 Pursuant to section 401.30 , Florida Statutes, each licensee is required to maintain accurate records of emergency calls on forms that contain information prescribed by the Department of Health....
...4 Pursuant to the statute, reports containing 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)." 5 Section
401.30 (4), Florida Statutes, makes specific provision for records of emergency calls: "Records of emergency calls which contain patient examination or treatment information are confidential and exempt from the provisions of s....
...8 Thus, the enumeration of those instances for which and persons to whom records of emergency calls containing patient examination or treatment information may be disclosed is exclusive. Accordingly, such information may not otherwise be released. 9 In short, section 401.30 (4), Florida Statutes, provides that records of emergency calls that contain patient examination or treatment information may be released only in certain circumstances and to the persons specified....
...Thus, this office in Attorney General Opinion 86-97 concluded that records of emergency calls containing patient examination or treatment information maintained by the county fire-rescue department may not be disclosed to local law enforcement officers except as provided in section 401.30 (4)....
...In addition, the statute recognizes that regulatory agencies, such as the Department of Health, may be granted access to such records in their regulatory and supervisory capacity. 10 No exceptions to the statutory scheme may be implied. Therefore, it is my opinion that a city commissioner is not authorized by section 401.30 (4), Florida Statutes, to review the records of an emergency call by the city's fire-rescue department when those records contain patient examination and treatment information, except with the consent of the patient....
...Stat., requiring licensure of every person, firm, corporation, association, or governmental entity owning or acting as agent for the owner of any business providing prehospital or interfacility advanced life support services or basic life support transportation services. 3 Section
401.23 (13), Fla. Stat. 4 Section
401.30 (1), Fla. Stat. 5 Section
401.30 (3), Fla....
...American Surety Company of New York,
99 So.2d 877 , 880 (Fla. 2d DCA 1958). 8 Alsop v. Pierce ,
19 So.2d 799 , 805-806 (Fla. 1944); Dobbs v. Sea Isle Hotel, supra ; Thayer v. State, supra . 9 Compare , Op Att'y Gen. Fla. 80-21 (1980), which was issued prior to the enactment of s.
401.30 (4), supra , by s....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
...sdiction and proper notice to the employee or the employee's legal representative by the party seeking such records. In Attorney General Opinion 95-75, this office addressed a similar situation regarding access to confidential records produced under section 401.30 , Florida Statutes, by a city attorney and other city officials responsible for advising the city regarding the provision of emergency medical services or for defending the city against claims that may arise from the provision of such services. The records at issue contained patient examination or treatment information that is made confidential pursuant to section 401.30 (3), Florida Statutes....
