Florida Statute 456.061 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS

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F.S. 456.061

456.061 Practitioner disclosure of confidential information; immunity from civil or criminal liability.—

(1) A practitioner regulated through the Division of Medical Quality Assurance of the department shall not be civilly or criminally liable for the disclosure of otherwise confidential information to a sexual partner or a needle-sharing partner under the following circumstances:

(a) If a patient of the practitioner who has tested positive for human immunodeficiency virus discloses to the practitioner the identity of a sexual partner or a needle-sharing partner;

(b) The practitioner recommends the patient notify the sexual partner or the needle-sharing partner of the positive test and refrain from engaging in sexual or drug activity in a manner likely to transmit the virus and the patient refuses, and the practitioner informs the patient of his or her intent to inform the sexual partner or needle-sharing partner; and

(c) If pursuant to a perceived civil duty or the ethical guidelines of the profession, the practitioner reasonably and in good faith advises the sexual partner or the needle-sharing partner of the patient of the positive test and facts concerning the transmission of the virus.

However, any notification of a sexual partner or a needle-sharing partner pursuant to this section shall be done in accordance with protocols developed pursuant to rule of the Department of Health.

(2) Notwithstanding the foregoing, a practitioner regulated through the Division of Medical Quality Assurance of the department shall not be civilly or criminally liable for failure to disclose information relating to a positive test result for human immunodeficiency virus of a patient to a sexual partner or a needle-sharing partner.

History.—s. 43, ch. 88-380; s. 12, ch. 89-350; s. 191, ch. 97-103; s. 84, ch. 97-261; s. 220, ch. 99-8; s. 82, ch. 2000-160.

Note.—Former s. 455.2416; s. 455.674.

F.S. 456.061 on Google Scholar

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Amendments to 456.061

Arrestable Offenses / Crimes under Fla. Stat. 456.061

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 456.061.

Annotations, Discussions, Cases:

Cases Citing Statute 456.061

Total Results: 3

Joshua Antwan Meeks v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-05-25

Citation: 247 So. 3d 700

Snippet: misleading. See Knight v. State, 107 So. 3d 449, 456-61 (Fla. 5th DCA 2013). It is a striking and inexplicable

Jonathon Knight v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2016-03-10

Citation: 186 So. 3d 1005, 41 Fla. L. Weekly Supp. 82, 2016 Fla. LEXIS 500

Snippet: misleading. See Knight v. State, 107 So.3d 449, 456-61 (Fla. 5th DCA 2013). It is a striking and inexplicable

Florida East Coast Railway Company v. Stewart

Court: District Court of Appeal of Florida | Date Filed: 1962-05-08

Citation: 140 So. 2d 880

Snippet: Company, a Florida Corporation, Appellees. Nos. 61-456, 61-514. District Court of Appeal of Florida. Third