Florida statutes provide extra protections and rights to persons receiving substance abuse services from "any service provider," including the right to the confidentiality of any records "pertain[ing] to the identity, diagnosis, and prognosis of and service provision to any individual client." (FL Stat 397.501)

To that end, information in such records may not be disclosed without the written consent of the person to whom they pertain, except under the following circumstances:

• to medical personnel in a medical emergency;

• to service provider personnel who need to know the information in order to carry out their duties;

• to the Department of Health, for purposes of scientific research, in accordance with federal confidentiality regulations, but only upon agreement in writing that the client's name and other identifying information will not be disclosed;

• for review of records on service provider premises by persons who are performing an audit or evaluation on behalf of any federal, state, or local government agency, or a third-party payor providing financial assistance or reimbursement to the service provider (client names must not be disclosed in any subsequent reports); or

• pursuant to a court order based on an application showing good cause for disclosure (which court must have examined whether the "public interest and the need for disclosure outweigh the potential injury to the client, to the service provider-client relationship, and to the service provider itself"). (397.501)

When a minor acting alone has the legal capacity to voluntarily apply for and obtain substance abuse treatment, any written consent for disclosure may be given only by the minor client. When the consent of a parent, legal guardian, or custodian is required for treatment, the consent must be given by both the minor and the parent, legal guardian, or custodian. (397.501)

Note that these restrictions on use and disclosure do not apply to communications from provider personnel to law enforcement officers which:

• are directly related to a client's commission of a crime on the premises of the provider or against provider personnel or to a threat to commit such a crime; and

• are limited to the circumstances of the incident, including "the client status of the individual committing or threatening to commit the crime, that individual's name and address, and that individual's last known whereabouts." (397.501)

Nor do the restrictions apply to uses and disclosures to report on incidents of suspected child abuse and neglect to the appropriate state or local authorities as required by law. (397.501)

A designated and authorized agent of the Department of Health may access the records of the clients of licensed service providers, but only for purposes of licensing, monitoring, and investigation. The department may also interview clients, as specified by adminstrative rules. (397.411)

Any disclosures to public agencies are exempt from the provisions of the state public records access statutes (e.g., 119.07)

See also:

• Florida preemption (HIPAA)

Last modified: 15-May-2005 [RC]