Mental Health Clinical Records; Confidentiality (Baker Act facilities)
Florida Mental Health Records Law
Health
Makes clinical records of mental-health patients confidential. The confidential status is not lost by authorized or unauthorized disclosure unless the patient or representative waives it, and the records may be released only in listed circumstances, such as patient authorization.
- Where
- Florida
- Citation
- Fla. Stat. 394.4615
- Status
- In force
- Last amended
- 2024-07-01
- Enforced by
- Florida Department of Children and Families; Agency for Health Care Administration
- People can sue
- No
- Penalties
- No penalty reviewed in the section.
- Applies to
- Receiving and treatment facilities and service providers under Florida's Mental Health Act (Baker Act), for patient clinical records (394.4615(1))
What a privacy notice must say
- Receiving facilities must document that, within 24 hours of admission, voluntary patients were offered the option to authorize release of information to a health care surrogate, attorney, representative, or emergency contact.Fla. Stat. 394.4615(2)(a)
Practices it requires
- Keep each patient's clinical record confidential; disclosure does not end its confidential status unless the patient or authorized representative gives express and informed consent.Fla. Stat. 394.4615(1)
- Release clinical records only in listed circumstances, such as authorization by the patient or guardian, or to the patient's counsel.Fla. Stat. 394.4615(2)
Sources
- Official text
- Fla. Stat. 394.4615 (2026 Florida Statutes, Online Sunshine)
- Laws of Florida ch. 2024-245 (CS/CS/HB 7021), effective July 1, 2024
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Which 2024 act (ch. 2024-15 or ch. 2024-245) made the latest substantive change was not analyzed; last_amended uses the July 1, 2024 date of ch. 2024-245. | Substance abuse treatment record confidentiality (s. 397.501(7)) was not reviewed.
Research reference, not legal advice.