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owner (Florida)
Under Florida statutes,
the "records owner" of a medical
record 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. (FL Stat 456.057)
Note that this
definition does not formally extend to hospitals
and ambulatory surgical centers, the information practices
for which are regulated separately (under chapter 395, see
esp. 395.3025).
The following persons
and entities are not authorized to acquire or own medical
records (and are excluded from the definition of "health
practitioner" or "health care practitioner's employer"):
- 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).
Note, however,
that all of the above are required to observe confidentiality
and disclosure requirements, whenever required to "maintain"
any medical records under the statutes by which they are licensed
or regulated.
See also:
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