FLORIDA - OWNERSHIP AND CONTROL OF PATIENT RECORDS
Ownership and control of patient records; report or copies of records to be furnished.—
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.
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:
Certified nursing assistants regulated under part II of chapter 464.
Pharmacists and pharmacies licensed under chapter 465.
Dental hygienists licensed under s. 466.023.
Nursing home administrators licensed under part II of chapter 468.
Respiratory therapists regulated under part V of chapter 468.
Athletic trainers licensed under part XIII of chapter 468.
Electrologists licensed under chapter 478.
Clinical laboratory personnel licensed under part III of chapter 483.
Medical physicists licensed under part IV of chapter 483.
Opticians and optical establishments licensed or permitted under part I of chapter 484.
Persons or entities practicing under s. 627.736(7).
This section does not apply to facilities licensed under chapter 395.
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