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Florida Statute 456.57 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS
View Entire Chapter
F.S. 456.057
456.057 Ownership and control of patient records; report or copies of records to be furnished; disclosure of information.
(1) As used in this section, the term “records owner” means any health care practitioner who generates a medical record after making a physical or mental examination of, or administering treatment or dispensing legend drugs to, any person; any health care practitioner to whom records are transferred by a previous records owner; or any health care practitioner’s employer, including, but not limited to, group practices and staff-model health maintenance organizations, provided the employment contract or agreement between the employer and the health care practitioner designates the employer as the records owner.
(2) As used in this section, the terms “records owner,” “health care practitioner,” and “health care practitioner’s employer” do not include any of the following persons or entities; furthermore, the following persons or entities are not authorized to acquire or own medical records, but are authorized under the confidentiality and disclosure requirements of this section to maintain those documents required by the part or chapter under which they are licensed or regulated:
(a) Certified nursing assistants regulated under part II of chapter 464.
(b) Pharmacists and pharmacies licensed under chapter 465.
(c) Dental hygienists licensed under s. 466.023.
(d) Nursing home administrators licensed under part II of chapter 468.
(e) Respiratory therapists regulated under part V of chapter 468.
(f) Athletic trainers licensed under part XIII of chapter 468.
(g) Electrologists licensed under chapter 478.
(h) Clinical laboratory personnel licensed under part I of chapter 483.
(i) Medical physicists licensed under part II of chapter 483.
(j) Opticians and optical establishments licensed or permitted under part I of chapter 484.
(k) Persons or entities practicing under s. 627.736(7).
(3) As used in this section, the term “records custodian” means any person or entity that:
(a) Maintains documents that are authorized in subsection (2); or
(b) Obtains medical records from a records owner.
(4) Any health care practitioner’s employer who is a records owner and any records custodian shall maintain records or documents as provided under the confidentiality and disclosure requirements of this section.
(5) This section does not apply to facilities licensed under chapter 395.
(6) Any health care practitioner licensed by the department or a board within the department who makes a physical or mental examination of, or administers treatment or dispenses legend drugs to, any person shall, upon request of such person or the person’s legal representative, furnish, in a timely manner, without delays for legal review, copies of all reports and records relating to such examination or treatment, including X rays and insurance information. 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. The furnishing of such report or copies shall not be conditioned upon payment of a fee for services rendered.
(7)(a) Except as otherwise provided in this section and in s. 440.13(4)(c), such records may not be furnished to, and the medical condition of a patient may not be discussed with, any person other than the patient, the patient’s legal representative, or other health care practitioners and providers involved in the patient’s care or treatment, except upon written authorization from the patient. However, such records may be furnished without written authorization under the following circumstances:
1. To any person, firm, or corporation that has procured or furnished such care or treatment with the patient’s consent.
2. When compulsory physical examination is made pursuant to Rule 1.360, Florida Rules of Civil Procedure, in which case copies of the medical records shall be furnished to both the defendant and the plaintiff.
3. 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 to the patient or the patient’s legal representative by the party seeking such records.
4. For statistical and scientific research, provided the information is abstracted in such a way as to protect the identity of the patient or provided written permission is received from the patient or the patient’s legal representative.
5. To a regional poison control center for purposes of treating a poison episode under evaluation, case management of poison cases, or compliance with data collection and reporting requirements of s. 395.1027 and the professional organization that certifies poison control centers in accordance with federal law.
6. To the Department of Children and Families, its agent, or its contracted entity, for the purpose of investigations of or services for cases of abuse, neglect, or exploitation of children or vulnerable adults.
(b) Absent a specific written release or authorization permitting utilization of patient information for solicitation or marketing the sale of goods or services, any use of that information for those purposes is prohibited.
(c) Information disclosed to a health care practitioner by a patient in the course of the care and treatment of such patient is confidential and may be disclosed only to other health care practitioners and providers involved in the care or treatment of the patient, if allowed by written authorization from the patient, or if compelled by subpoena at a deposition, evidentiary hearing, or trial for which proper notice has been given.
(d) Notwithstanding paragraphs (a)-(c), information disclosed by a patient to a health care practitioner or provider or records created by the practitioner or provider during the course of care or treatment of the patient may be disclosed:
1. In a medical negligence action or administrative proceeding if the health care practitioner or provider is or reasonably expects to be named as a defendant;
2. Pursuant to s. 766.106(6)(b)5.;
3. As provided for in the authorization for release of protected health information filed by the patient pursuant to s. 766.1065; or
4. To the health care practitioner’s or provider’s attorney during a consultation if the health care practitioner or provider reasonably expects to be deposed, to be called as a witness, or to receive formal or informal discovery requests in a medical negligence action, presuit investigation of medical negligence, or administrative proceeding.
a. If the medical liability insurer of a health care practitioner or provider described in this subparagraph represents a defendant or prospective defendant in a medical negligence action:
(I) The insurer for the health care practitioner or provider may not contact the health care practitioner or provider to recommend that the health care practitioner or provider seek legal counsel relating to a particular matter.
(II) The insurer may not select an attorney for the practitioner or the provider. However, the insurer may recommend attorneys who do not represent a defendant or prospective defendant in the matter if the practitioner or provider contacts an insurer relating to the practitioner’s or provider’s potential involvement in the matter.
(III) The attorney selected by the practitioner or the provider may not, directly or indirectly, disclose to the insurer any information relating to the representation of the practitioner or the provider other than the categories of work performed or the amount of time applicable to each category for billing or reimbursement purposes. The attorney selected by the practitioner or the provider may represent the insurer or other insureds of the insurer in an unrelated matter.
b. The limitations in this subparagraph do not apply if the attorney reasonably expects the practitioner or provider to be named as a defendant and the practitioner or provider agrees with the attorney’s assessment, if the practitioner or provider receives a presuit notice pursuant to chapter 766, or if the practitioner or provider is named as a defendant.
(8)(a)1. The department may obtain patient records pursuant to a subpoena without written authorization from the patient if the department and the probable cause panel of the appropriate board, if any, find reasonable cause to believe that a health care practitioner has excessively or inappropriately prescribed any controlled substance specified in chapter 893 in violation of this chapter or any professional practice act or that a health care practitioner has practiced his or her profession below that level of care, skill, and treatment required as defined by this chapter or any professional practice act and also find that appropriate, reasonable attempts were made to obtain a patient release. Notwithstanding the foregoing, the department need not attempt to obtain a patient release when investigating an offense involving the inappropriate prescribing, overprescribing, or diversion of controlled substances and the offense involves a pain-management clinic. The department may obtain patient records without patient authorization or subpoena from any pain-management clinic required to be licensed if the department has probable cause to believe that a violation of any provision of s. 458.3265 or s. 459.0137 is occurring or has occurred and reasonably believes that obtaining such authorization is not feasible due to the volume of the dispensing and prescribing activity involving controlled substances and that obtaining patient authorization or the issuance of a subpoena would jeopardize the investigation.
2. The department may obtain patient records and insurance information pursuant to a subpoena without written authorization from the patient if the department and the probable cause panel of the appropriate board, if any, find reasonable cause to believe that a health care practitioner has provided inadequate medical care based on termination of insurance and also find that appropriate, reasonable attempts were made to obtain a patient release.
3. The department may obtain patient records, billing records, insurance information, provider contracts, and all attachments thereto pursuant to a subpoena without written authorization from the patient if the department and probable cause panel of the appropriate board, if any, find reasonable cause to believe that a health care practitioner has submitted a claim, statement, or bill using a billing code that would result in payment greater in amount than would be paid using a billing code that accurately describes the services performed, requested payment for services that were not performed by that health care practitioner, used information derived from a written report of an automobile accident generated pursuant to chapter 316 to solicit or obtain patients personally or through an agent regardless of whether the information is derived directly from the report or a summary of that report or from another person, solicited patients fraudulently, received a kickback as defined in s. 456.054, violated the patient brokering provisions of s. 817.505, or presented or caused to be presented a false or fraudulent insurance claim within the meaning of s. 817.234(1)(a), and also find that, within the meaning of s. 817.234(1)(a), patient authorization cannot be obtained because the patient cannot be located or is deceased, incapacitated, or suspected of being a participant in the fraud or scheme, and if the subpoena is issued for specific and relevant records.
4. Notwithstanding subparagraphs 1.-3., when the department investigates a professional liability claim or undertakes action pursuant to s. 456.049 or s. 627.912, the department may obtain patient records pursuant to a subpoena without written authorization from the patient if the patient refuses to cooperate or if the department attempts to obtain a patient release and the failure to obtain the patient records would be detrimental to the investigation.
(b) Patient records, billing records, insurance information, provider contracts, and all attachments thereto obtained by the department pursuant to this subsection shall be used solely for the purpose of the department and the appropriate regulatory board in disciplinary proceedings. This section does not limit the assertion of the psychotherapist-patient privilege under s. 90.503 in regard to records of treatment for mental or nervous disorders by a medical practitioner licensed pursuant to chapter 458 or chapter 459 who has primarily diagnosed and treated mental and nervous disorders for a period of not less than 3 years, inclusive of psychiatric residency. However, the health care practitioner shall release records of treatment for medical conditions even if the health care practitioner has also treated the patient for mental or nervous disorders. If the department has found reasonable cause under this section and the psychotherapist-patient privilege is asserted, the department may petition the circuit court for an in camera review of the records by expert medical practitioners appointed by the court to determine if the records or any part thereof are protected under the psychotherapist-patient privilege.
(9)(a) All patient records obtained by the department and any other documents maintained by the department which identify the patient by name are confidential and exempt from s. 119.07(1) and shall be used solely for the purpose of the department and the appropriate regulatory board in its investigation, prosecution, and appeal of disciplinary proceedings. The records shall not be available to the public as part of the record of investigation for and prosecution in disciplinary proceedings made available to the public by the department or the appropriate board.
(b) Notwithstanding paragraph (a), all patient records obtained by the department and any other documents maintained by the department which relate to a current or former Medicaid recipient shall be provided to the Medicaid Fraud Control Unit in the Department of Legal Affairs, upon request.
(10) All records owners shall develop and implement policies, standards, and procedures to protect the confidentiality and security of the medical record. Employees of records owners shall be trained in these policies, standards, and procedures.
(11) Records owners are responsible for maintaining a record of all disclosures of information contained in the medical record to a third party, including the purpose of the disclosure request. The record of disclosure may be maintained in the medical record. The third party to whom information is disclosed is prohibited from further disclosing any information in the medical record without the expressed written consent of the patient or the patient’s legal representative.
(12) Notwithstanding the provisions of s. 456.058, records owners shall place an advertisement in the local newspaper or notify patients, in writing, when they are terminating practice, retiring, or relocating, and no longer available to patients, and offer patients the opportunity to obtain a copy of their medical record.
(13) Notwithstanding the provisions of s. 456.058, records owners shall notify the appropriate board office when they are terminating practice, retiring, or relocating, and no longer available to patients, specifying who the new records owner is and where medical records can be found.
(14) Whenever a records owner has turned records over to a new records owner, the new records owner shall be responsible for providing a copy of the complete medical record, upon written request, of the patient or the patient’s legal representative.
(15) Licensees in violation of the provisions of this section shall be disciplined by the appropriate licensing authority.
(16) The Attorney General is authorized to enforce the provisions of this section for records owners not otherwise licensed by the state, through injunctive relief and fines not to exceed $5,000 per violation.
(17) A health care practitioner or records owner furnishing copies of reports or records or making the reports or records available for digital scanning pursuant to this section shall charge no more than the actual cost of copying, including reasonable staff time, or the amount specified in administrative rule by the appropriate board, or the department when there is no board.
(18) Nothing in this section shall be construed to limit health care practitioner consultations, as necessary.
(19) A records owner shall release to a health care practitioner who, as an employee of the records owner, previously provided treatment to a patient, those records that the health care practitioner actually created or generated when the health care practitioner treated the patient. Records released pursuant to this subsection shall be released only upon written request of the health care practitioner and shall be limited to the notes, plans of care, and orders and summaries that were actually generated by the health care practitioner requesting the record.
(20) The board with department approval, or the department when there is no board, may temporarily or permanently appoint a person or entity as a custodian of medical records in the event of the death of a practitioner, the mental or physical incapacitation of a practitioner, or the abandonment of medical records by a practitioner. Such custodian shall comply with this section. The department may contract with a third party to provide these services under the confidentiality and disclosure requirements of this section.
History.s. 1, ch. 79-302; s. 1, ch. 82-22; s. 1, ch. 83-108; s. 81, ch. 83-218; ss. 14, 119, ch. 83-329; s. 2, ch. 84-15; s. 41, ch. 85-175; s. 4, ch. 87-333; s. 9, ch. 88-1; s. 2, ch. 88-208; s. 14, ch. 88-219; s. 6, ch. 88-277; s. 10, ch. 88-392; s. 2, ch. 89-85; s. 14, ch. 89-124; s. 28, ch. 89-289; s. 1, ch. 90-263; s. 11, ch. 91-137; s. 6, ch. 91-140; s. 12, ch. 91-176; s. 4, ch. 91-269; s. 62, ch. 92-33; s. 32, ch. 92-149; s. 23, ch. 93-129; s. 315, ch. 94-119; ss. 90, 91, ch. 94-218; s. 308, ch. 96-406; s. 1084, ch. 97-103; s. 82, ch. 97-261; s. 6, ch. 98-166; s. 12, ch. 99-349; s. 86, ch. 99-397; s. 79, ch. 2000-160; s. 9, ch. 2000-163; s. 114, ch. 2000-318; s. 9, ch. 2001-222; ss. 69, 140, ch. 2001-277; s. 18, ch. 2003-416; s. 4, ch. 2005-256; s. 1, ch. 2006-271; s. 2, ch. 2010-211; s. 1, ch. 2013-108; s. 14, ch. 2016-230; s. 33, ch. 2017-151; s. 92, ch. 2018-24; s. 58, ch. 2020-156.
Note.Former s. 455.241; s. 455.667.

F.S. 456.057 on Google Scholar

F.S. 456.057 on CourtListener

Amendments to 456.057


Annotations, Discussions, Cases:

Cases Citing Statute 456.057

Total Results: 72

Damsky & Damsky v. University of Miami and Livingstone, M.D.

152 So. 3d 789, 2014 Fla. App. LEXIS 20042, 2014 WL 6911338

District Court of Appeal of Florida | Filed: Dec 10, 2014 | Docket: 2613277

Cited 16 times | Published

The patient confidentiality provisions of section 456.057, Florida Statutes (2014), have been interpreted

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

848 F.3d 1293, 2017 WL 632740, 2017 U.S. App. LEXIS 2747

Court of Appeals for the Eleventh Circuit | Filed: Feb 16, 2017 | Docket: 4586393

Cited 14 times | Published

confidential medical records, see Fla. Stat. § 456.057(7)(a), and there is no evidence that doctors or

Estate of Stephens v. GALEN HEALTH CARE

911 So. 2d 277, 2005 WL 2398519

District Court of Appeal of Florida | Filed: Sep 30, 2005 | Docket: 89734

Cited 14 times | Published

the course of employment with its employees. Section 456.057(6) states that "information disclosed to a

Attorney Ad Litem for DK v. Parents of DK

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

District Court of Appeal of Florida | Filed: Mar 21, 2001 | Docket: 1708825

Cited 13 times | Published

reports shall be governed by s. 456.057." Section 456.057(4) provides that medical records shall be furnished

Florida Hosp. Waterman, Inc. v. Buster

932 So. 2d 344, 2006 WL 566084

District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 1285604

Cited 10 times | Published

compliance. See, e.g., § 395.3025, Fla. Stat. (2004); § 456.057(4), (16), Fla. Stat. (2004); § 766.204, Fla. Stat

State v. Carter

23 So. 3d 798, 2009 Fla. App. LEXIS 18194, 2009 WL 4111210

District Court of Appeal of Florida | Filed: Nov 30, 2009 | Docket: 1181784

Cited 9 times | Published

400.022(1)(m), Fla. Stat. (nursing homes); and § 456.057(7), Fla. Stat. (physicians). The cases advanced

Limbaugh v. State

887 So. 2d 387, 2004 WL 2238978

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 1515140

Cited 9 times | Published

consent or through a subpoena issued pursuant to section 456.057.[12]See §§ 458.341 and 458.343, Fla. Stat.

State v. Tamulonis

39 So. 3d 524, 2010 Fla. App. LEXIS 10025, 2010 WL 2696288

District Court of Appeal of Florida | Filed: Jul 9, 2010 | Docket: 1933898

Cited 7 times | Published

obtained in violation of section 456.057(7)(a)(3). However, section 456.057 regulates health care practitioners

Yocom v. Wuesthoff Health Systems, Inc.

880 So. 2d 787, 2004 Fla. App. LEXIS 10564, 2004 WL 1584783

District Court of Appeal of Florida | Filed: Jul 16, 2004 | Docket: 1294803

Cited 7 times | Published

patient is receiving his or her own records. See § 456.057(4) and (5), Florida Statutes (2002). Moreover

Graham v. Dacheikh

991 So. 2d 932, 2008 WL 3851844

District Court of Appeal of Florida | Filed: Aug 20, 2008 | Docket: 1725105

Cited 6 times | Published

and refused to obey the express language of section 456.057(7), Florida Statutes (2006), it applied the

Inphynet Contracting Services, Inc., d/b/a Emergency Physicians of Delray, a Florida corporation, MD Now Medical Centers, etc. v. R v. Matthews III, Patricia Maher, Ron Depaolo, and Lauren McKelvey, as Personal Representative of the Estate of Scott M. McKelvey, etc.

196 So. 3d 449, 2016 Fla. App. LEXIS 9594

District Court of Appeal of Florida | Filed: Jun 22, 2016 | Docket: 3081248

Cited 5 times | Published

representatives for these records exceeded the limits of section 456.057, Florida Statutes (2013), and the administrative

Mullis v. State

79 So. 3d 747, 2011 Fla. App. LEXIS 14233, 2011 WL 3962910

District Court of Appeal of Florida | Filed: Sep 9, 2011 | Docket: 2356189

Cited 5 times | Published

statements from Mr. Mullis's doctors violated section 456.057(7)(a), Florida Statutes (2008 & 2009), and

Royal v. Harnage

826 So. 2d 332, 2002 WL 506822

District Court of Appeal of Florida | Filed: Apr 5, 2002 | Docket: 1662567

Cited 5 times | Published

PARKER and COVINGTON, JJ., Concur. NOTES [1] Section 456.057, Florida Statutes (2001), is the current version

Christina M. Paylan, M.D. v. Timothy J. Fitzgerald, Esq.

223 So. 3d 431, 2017 WL 2988891, 2017 Fla. App. LEXIS 10130

District Court of Appeal of Florida | Filed: Jul 14, 2017 | Docket: 6119785

Cited 4 times | Published

and authorization requirements set forth in section 456.057(7)(a), Florida Statutes (2016), we grant the

LEE MEMORIAL HEALTH SYSTEM v. Smith

40 So. 3d 106, 2010 Fla. App. LEXIS 10451, 2010 WL 2790905

District Court of Appeal of Florida | Filed: Jul 16, 2010 | Docket: 1219392

Cited 4 times | Published

relying on the physician-patient privilege in section 456.057(8), Florida Statutes (2009), to preclude communication

State v. Fernandez

36 So. 3d 120, 2010 Fla. App. LEXIS 407, 2010 WL 199301

District Court of Appeal of Florida | Filed: Jan 22, 2010 | Docket: 1639140

Cited 4 times | Published

a pharmacy. The defense claimed that under section 456.057, Florida Statutes (2007), prescriptions are

Hannon v. Roper

945 So. 2d 534, 2006 WL 3313675

District Court of Appeal of Florida | Filed: Nov 16, 2006 | Docket: 1725373

Cited 4 times | Published

departure from the essential requirement of law. Section 456.057, Florida Statutes (2005), establishes the physician-patient

Lemieux v. Tandem Health Care, Inc.

862 So. 2d 745, 2003 WL 22438605

District Court of Appeal of Florida | Filed: Oct 29, 2003 | Docket: 1762562

Cited 4 times | Published

exception to the physician-patient privilege of section 456.057(6), Florida Statutes (2002), because both the

Emma Gayle Weaver, etc. v. Stephen C. Myers, M.D.

229 So. 3d 1118

Supreme Court of Florida | Filed: Nov 9, 2017 | Docket: 6220622

Cited 3 times | Published

So.2d 858 (Fla. 1984), superseded by statute, § 456.057, Fla. Stat. (2009); Hasan v. Garvar, 108 So.3d

Hasan v. Garvar

108 So. 3d 570, 37 Fla. L. Weekly Supp. 769, 2012 WL 6619334, 2012 Fla. LEXIS 2596

Supreme Court of Florida | Filed: Dec 20, 2012 | Docket: 60229183

Cited 3 times | Published

physician-patient confidentiality statute as delineated in section 456.057(8), Florida Statutes (2009), and leaves him

Pain Care First of Orlando, LLC v. Edwards

84 So. 3d 351, 34 I.E.R. Cas. (BNA) 318, 2012 WL 591510, 2012 Fla. App. LEXIS 2903

District Court of Appeal of Florida | Filed: Feb 24, 2012 | Docket: 60306695

Cited 3 times | Published

the Appellant. This appeal timely followed. Section 456.057, Florida Statutes (2010), governs the ownership

Lamb v. State

55 So. 3d 751, 2011 Fla. App. LEXIS 3611, 2011 WL 923946

District Court of Appeal of Florida | Filed: Mar 18, 2011 | Docket: 2406788

Cited 3 times | Published

items did not constitute medical records under section 456.057(7), Florida Statutes (2008). After the suppression

Dannemann v. Shands Teaching Hospital & Clinics, Inc.

14 So. 3d 246, 2009 Fla. App. LEXIS 4442, 2009 WL 1272330

District Court of Appeal of Florida | Filed: May 11, 2009 | Docket: 1650829

Cited 3 times | Published

language of the patient confidentiality statute, section 456.057(6), Florida Statutes (2005), presently numbered

State v. Rattray

903 So. 2d 1015, 2005 WL 1398117

District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 1675304

Cited 3 times | Published

patient or his or her legal representative. [4] Section 456.057(5)(a), Florida Statutes provides: Except as

Wollschlaeger v. Farmer

880 F. Supp. 2d 1251, 2012 WL 3064336, 2012 U.S. Dist. LEXIS 107731

District Court, S.D. Florida | Filed: Jun 29, 2012 | Docket: 65983635

Cited 2 times | Published

1996, 42 U.S.C. § 1320d, et seq.; Fla. Stat. § 456.057. As to the anti-harassment and anti-discrimination

Gore v. State

74 So. 3d 1119, 2011 Fla. App. LEXIS 18110, 2011 WL 5554789

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2355626

Cited 2 times | Published

apparent police authority. The language in Section 456.057 is intentionally broad in protecting information

USAA Casualty Insurance Co. v. Callery

66 So. 3d 315, 2011 Fla. App. LEXIS 8463, 2011 WL 2278983

District Court of Appeal of Florida | Filed: Jun 10, 2011 | Docket: 2363104

Cited 2 times | Published

compliance with the notice requirements of section 456.057(7)(a)(3), Florida Statutes (2010). Accordingly

State v. Sun

82 So. 3d 866, 2011 Fla. App. LEXIS 8071, 2011 WL 2135646

District Court of Appeal of Florida | Filed: Jun 1, 2011 | Docket: 60306281

Cited 2 times | Published

First, he argued Detective Keith violated section 456.057, Florida Statutes (2009), which provides for

State v. Bean

36 So. 3d 116, 2010 Fla. App. LEXIS 410, 2010 WL 199299

District Court of Appeal of Florida | Filed: Jan 22, 2010 | Docket: 2409839

Cited 2 times | Published

obtained in violation of section 456.057(7)(a)(3), Florida Statutes (2006). Section 456.057 regulates "health

DEVEREUX FLA. TREATMENT NETWORK v. McIntosh

940 So. 2d 1202, 2006 WL 3039253

District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 1524078

Cited 2 times | Published

documents were also protected from discovery by section 456.057, Florida Statutes (providing limited confidentiality

LeBlanc v. Acevedo

258 So. 3d 555

District Court of Appeal of Florida | Filed: Nov 9, 2018 | Docket: 64697059

Cited 1 times | Published

was not authorized to bring a claim under section 456.057, Florida Statutes, as that statute does not

J.B. v. State

250 So. 3d 829

District Court of Appeal of Florida | Filed: Jul 5, 2018 | Docket: 64684276

Cited 1 times | Published

her legal representative. (emphasis added). Section 456.057, which deals with general medical records,

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

797 F.3d 859, 2015 U.S. App. LEXIS 13070, 2015 WL 4530452

Court of Appeals for the Eleventh Circuit | Filed: Jul 28, 2015 | Docket: 2677703

Cited 1 times | Published

patient records with a third party. Fla. Stat. § 456.057(7)(a). . Unlike in the Fourth Amendment, there

Barahona v. State

172 So. 3d 470, 2015 Fla. App. LEXIS 8790, 2015 WL 3609071

District Court of Appeal of Florida | Filed: Jun 10, 2015 | Docket: 2663256

Cited 1 times | Published

the physician-patient privilege codified in section 456.057, Florida Statutes (2014). A patient’s constitutional

Orthopedic Center v. Devon Parks

155 So. 3d 377, 2014 Fla. App. LEXIS 19481

District Court of Appeal of Florida | Filed: Nov 26, 2014 | Docket: 2609427

Cited 1 times | Published

Subpoena would require Orthopedic to violate section 456.057, Florida Statutes (2018), which prohibits the

Poole v. South Dade Nursing & Rehabilitation Center

139 So. 3d 436, 2014 WL 2199813, 2014 Fla. App. LEXIS 8128

District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60241118

Cited 1 times | Published

Both the constitutional right to privacy and section 456.057 protect against disclosure of a patient’s medical

Coopersmith v. Perrine

91 So. 3d 246, 2012 WL 2401007, 2012 Fla. App. LEXIS 10482

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60309853

Cited 1 times | Published

privacy rights of non-parties, as protected by section 456.057(7)(a)(3), Florida Statutes (2010). See Graham

Wollschlaeger v. Farmer

814 F. Supp. 2d 1367, 2011 U.S. Dist. LEXIS 104034, 2011 WL 4080053

District Court, S.D. Florida | Filed: Sep 14, 2011 | Docket: 65975940

Cited 1 times | Published

of 1996, 42 U.S.C. § 1320d et seq.; Fla. Stat. § 456.057. As to the anti-harassment and anti-discrimination

State v. Herc

67 So. 3d 266, 2011 Fla. App. LEXIS 75, 2011 WL 116001

District Court of Appeal of Florida | Filed: Jan 14, 2011 | Docket: 2363411

Cited 1 times | Published

Hercs or obtaining a warrant as required by section 456.057, Florida Statutes (2008). On appeal, the Hercs

State v. Shukitis

60 So. 3d 406, 2010 Fla. App. LEXIS 16735, 2010 WL 4365761

District Court of Appeal of Florida | Filed: Nov 5, 2010 | Docket: 60300199

Cited 1 times | Published

In his motion to suppress, Shukitis cited section 456.057(7)(a)(3) and argued that “a physician may not

State v. Yutzy

43 So. 3d 910, 2010 Fla. App. LEXIS 13372, 2010 WL 3490265

District Court of Appeal of Florida | Filed: Sep 8, 2010 | Docket: 60295511

Cited 1 times | Published

of which does not include pharmacies) nor section 456.057(7)(a)(3) (regulating health care practitioners

Wilder v. Wilder

993 So. 2d 182, 2008 WL 4837460

District Court of Appeal of Florida | Filed: Nov 7, 2008 | Docket: 1516090

Cited 1 times | Published

the psychotherapist-patient privilege, and section 456.057(7), Florida Statutes (2007), which relates

Bradley v. Brotman

836 So. 2d 1129, 2003 WL 354873

District Court of Appeal of Florida | Filed: Feb 19, 2003 | Docket: 1499667

Cited 1 times | Published

discretion. Section 455.667(5) (renumbered as section 456.057(5)), provides that a patient's medical records

NORTH LAKELAND PAIN AND TRAUMA, INC. v. Benson

813 So. 2d 1075, 2002 Fla. App. LEXIS 5184, 2002 WL 662341

District Court of Appeal of Florida | Filed: Apr 24, 2002 | Docket: 256156

Cited 1 times | Published

records she had requested. However, neither section 456.057 nor section 766.204 authorizes an award of

Louis C. Morgenier, III, Healthcare Development Partners of America, LLC f/k/a Healthcare Development Partners, Inc., and Citrus County ACO, LLC d/b/a Citrus ACO, LLC v. J Dickert Population Health Services, LLC and A Dickert Population Health Services, LLC

District Court of Appeal of Florida | Filed: Jun 21, 2024 | Docket: 68873926

Published

compliance with the order and compliance with section 456.057(7), Florida Statutes (2020), which safeguards

UNITED AUTOMOBILE INSURANCE COMPANY v. CENTRAL THERAPY CENTER, INC., A/A/O VANESSA LOPEZ

District Court of Appeal of Florida | Filed: Jul 6, 2022 | Docket: 63572754

Published

physician and shall be subject to Section 456.057, F.S. However, when such examinations

LISA KRAMER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 8, 2020 | Docket: 17052271

Published

753 (Fla. 2d DCA 2011) (in a case involving section 456.057, 5 Florida

LADIMIR LEKA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 2, 2019 | Docket: 16280850

Published

79 So. 3d at 751 n.6. In pertinent part, section 456.057 provides: Except as otherwise

J.B. v. State

District Court of Appeal of Florida | Filed: Jul 5, 2018 | Docket: 7361263

Published

7 Section 456.057, which deals with general medical records,

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

Court of Appeals for the Eleventh Circuit | Filed: Feb 16, 2017 | Docket: 4587031

Published

confidential medical records, see Fla. Stat. § 456.057(7)(a), and there is no evidence that doctors

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

814 F.3d 1159, 2015 U.S. App. LEXIS 21573, 2015 WL 8639875

Court of Appeals for the Eleventh Circuit | Filed: Dec 14, 2015 | Docket: 3020788

Published

patient records with a third party. Fla. Slat. § 456.057(7)(a). . One scholar has summarized the power

State v. Carter

177 So. 3d 1028, 2015 Fla. App. LEXIS 16176, 2015 WL 6554472

District Court of Appeal of Florida | Filed: Oct 30, 2015 | Docket: 60251061

Published

the medical professional-patient privilege. Section 456.057(7)(c), Florida Statutes (2013), explains that

Dransky & Dramsky v. University of Miami & Livingstone, M.D.

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 2667778

Published

communications constitute “disclosures” prohibited by section 456.057, Florida Statutes (2015). See generally, Lee

Dransky & Dramsky v. University of Miami & Livingstone, M.D.

166 So. 3d 930, 2015 Fla. App. LEXIS 9234

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 2665800

Published

communications constitute “disclosures” prohibited by section 456.057, Florida Statutes (2015). See generally

State of Florida v. Strickling

164 So. 3d 727, 2015 Fla. App. LEXIS 7030, 2015 WL 2219245

District Court of Appeal of Florida | Filed: May 13, 2015 | Docket: 2656522

Published

subpoena for his medical records. See § 456.057(7)(a)3, Fla. Stat. (2011) (authorizing the release

In Re AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.852

163 So. 3d 476, 40 Fla. L. Weekly Supp. 224, 2015 Fla. LEXIS 924, 2015 WL 1932163

Supreme Court of Florida | Filed: Apr 30, 2015 | Docket: 2653676

Published

records are confidential, see § 456.057(7)(a), Fla. Stat. (2014), prior to being sent

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

162 So. 3d 75, 2014 Fla. App. LEXIS 15249, 39 Fla. L. Weekly Fed. D 2072

District Court of Appeal of Florida | Filed: Oct 1, 2014 | Docket: 1401887

Published

provided in Florida statutory law. See § 456.057(7)(a), Fla. Stat. (2013) (providing that, with

Kristina Michelle Brana, Roscox Corporation, and Jordan Grabel, M.D. v. Adolfo Roura

144 So. 3d 699, 2014 WL 4082783, 2014 Fla. App. LEXIS 12819

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 1119728

Published

the notice provisions *700 of section 456.057(7)(a), Florida Statutes (2012), which requires

State v. Crumbley

143 So. 3d 1059, 2014 Fla. App. LEXIS 11386, 2014 WL 3673872

District Court of Appeal of Florida | Filed: Jul 25, 2014 | Docket: 371698

Published

prosecuting patients.” The court then turns to section 456.057, Florida Statutes (2010, 2011), which protects

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

760 F.3d 1195, 2014 WL 3695296, 2014 U.S. App. LEXIS 14192

Court of Appeals for the Eleventh Circuit | Filed: Jul 25, 2014 | Docket: 356564

Published

confidentiality of medical records); Fla. Stat. § 456.057 (same)). With regard to the regulation of professions

In Re AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.852

140 So. 3d 507, 39 Fla. L. Weekly Supp. 272, 2014 WL 1722473, 2014 Fla. LEXIS 1386

Supreme Court of Florida | Filed: Apr 24, 2014 | Docket: 57173

Published

such records are confidential, see § 456.057(7)(a), Fla. Stat. (2013), 4 prior to

In Re AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.852

140 So. 3d 507, 39 Fla. L. Weekly Supp. 272, 2014 WL 1722473, 2014 Fla. LEXIS 1386

Supreme Court of Florida | Filed: Apr 24, 2014 | Docket: 57173

Published

such records are confidential, see § 456.057(7)(a), Fla. Stat. (2013), 4 prior to

State v. Thompson

72 So. 3d 246, 2011 Fla. App. LEXIS 16061, 2011 WL 4809132

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 60303232

Published

belief that pharmacy records “come[] under” section 456.057(7). But the court did not make any specific

Crowley v. Lamming

66 So. 3d 355, 2011 Fla. App. LEXIS 11412, 2011 WL 2936691

District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 60301871

Published

order fails to comply with the requirements of section 456.057(7)(a)(3), Florida Statutes (2010), we grant

State v. Wright

59 So. 3d 263, 2011 Fla. App. LEXIS 4811, 2011 WL 1261159

District Court of Appeal of Florida | Filed: Apr 6, 2011 | Docket: 60299659

Published

information obtained from the physicians violated section 456.057, Florida Statutes (2009). See State v. Herc

State v. Johnson

40 So. 3d 904, 2010 Fla. App. LEXIS 10687, 2010 WL 2867956

District Court of Appeal of Florida | Filed: Jul 23, 2010 | Docket: 1219566

Published

prescription records from a pharmacy in violation of section 456.057, Florida Statutes (2008). At the suppression

Hasan v. GARVAR

34 So. 3d 785, 2010 Fla. App. LEXIS 6940, 2010 WL 1979288

District Court of Appeal of Florida | Filed: May 19, 2010 | Docket: 1641734

Published

oral surgeon and the attorney would violate section 456.057(8), Florida Statutes (2009), which states:

Knittel v. Beverly Health & Rehabilitation Services, Inc.

863 So. 2d 1279, 2004 Fla. App. LEXIS 602, 2004 WL 125050

District Court of Appeal of Florida | Filed: Jan 28, 2004 | Docket: 64827587

Published

negligence action, Beverly Tampa moved, pursuant to section 456.057, Florida Statutes (2001), for court approval

Kaplan v. Allen

837 So. 2d 1174, 2003 Fla. App. LEXIS 2188, 2003 WL 469829

District Court of Appeal of Florida | Filed: Feb 26, 2003 | Docket: 64820896

Published

records, citing statutory confidentiality under section 456.057(4), Florida Statutes (2001), and instead, provided

Sachs v. Innovative Healthcare, Inc.

799 So. 2d 355, 2001 Fla. App. LEXIS 15645, 2001 WL 1359495

District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 64810011

Published

certiorari and quash the order entered below. Section 456.057(5), Florida Statutes (2000), which concerns

Ago

Florida Attorney General Reports | Filed: May 9, 2001 | Docket: 3258998

Published

access to the employee's medical records. Section 456.057(5), Florida Statutes, states that medical records

Continucare Corp. v. Cruz

778 So. 2d 508, 2001 Fla. App. LEXIS 2140, 2001 WL 194028

District Court of Appeal of Florida | Filed: Feb 28, 2001 | Docket: 64803802

Published

ordering it to provide them to him pursuant to section 456.057(4), Florida Statutes (2000).1 We dispose of