Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.250 - Clinical Records; Confidentiality

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Except as otherwise provided by law, verbal or written information about a
				person shall only be released when the competent person, or a duly authorized
				legal decision-maker such as guardian, guardian advocate, or health care
				surrogate or proxy provides consent to such release. When such information is
				released, a copy of a signed authorization form shall be retained in the
				person's clinical record. Recommended form CF-MH 3044, Feb. 05, "Authorization
				for Release of Information, " which is incorporated by reference and may be
				obtained pursuant to Rule
				 65E-5.120, F.A.C., of this rule
				chapter may be used as documentation. Consent or authorization forms may not be
				altered in any way after signature by the person or other authorized
				decision-maker nor may a person or other authorized decision-maker be allowed
				to sign a blank form.
(2) Facility
				staff shall inform each person that he or she has the right to waive, in
				writing, the confidentiality of his or her presence in a receiving or treatment
				facility and to communicate with all or a group of individuals as specified by
				the person. Recommended form CF-MH 3048, Feb. 05, "Confidentiality Agreement, "
				as referenced in subsection
				 65E-5.190(1),
				F.A.C., may be used for this purpose.
(3) For purposes of Section
				 394.4615(3)(b),
				F.S., a "qualified researcher" is one who after making application to review
				confidential data and who, after documenting his or her bona fide academic,
				scientific or medical credentials and describing the particular research which
				gives rise to the request, is determined by the administrator of a receiving or
				treatment facility or by the Secretary of the department, to be eligible to
				review such data. In making that determination the administrator or the
				Secretary shall weigh the person's right to privacy against the benefit of
				disclosure and shall determine whether the disclosure is in the best interest
				of the state. Person identifying information obtained by such a qualified
				researcher shall not be further disclosed without the express and informed
				consent of the person or individual authorized to provide consent for him or
				her.
(4) When a person's access to
				his or her clinical record or any part of his or her record is restricted by
				written order of the attending physician such restriction shall be documented
				in the person's clinical record. If the request is denied or such access is
				restricted, a written response shall be provided to the person. Recommended
				form CF-MH 3110, Feb. 05, "Restriction of Person's Access to Own Record, "
				which is incorporated by reference and may be obtained pursuant to Rule
				 65E-5.120, F.A.C., of this rule
				chapter may be used for such documentation.
(5) Each receiving facility shall develop
				detailed policies and procedures governing release of records to each person
				requesting release, including criteria for determining what type of information
				may be harmful to the person, establishing a reasonable time for responding to
				requests for access, and identifying methods of providing access that ensure
				clinical support to the person while securing the integrity of the
				record.
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.4615,
					 394.4615(3)(b)
					 FS.
New 11-29-98, Amended
					 4-4-05.