456.059 Communications confidential; exceptions

 Communications between a patient and

a psychiatrist, as defined in s. 394.455, shall be held confidential and shall not be disclosed except upon the request of the patient or the patient’s legal

representative. Provision of psychiatric records and reports shall be governed by s. 456.057. Notwithstanding any other provision of this section or s. 90.503, where:

456.059 Communications

confidential; exceptions

 (1) A patient is engaged in a treatment relationship with a

psychiatrist;

 (2) Such patient has made an actual threat to physically harm an

identifiable victim or victims; and

 (3) The treating psychiatrist makes a clinical judgment that the

patient has the apparent capability to commit such an act and that it is more likely than not that in the near future the patient will carry out that threat, the psychiatrist may disclose patient communications to the extent necessary to warn any potential

victim or to communicate the threat to a law enforcement agency. No civil or criminal action shall be instituted, and there shall be no liability on account of disclosure of otherwise confidential

communications by a psychiatrist in disclosing a threat pursuant to this section.

 History.—s. 10, ch. 88-1; s. 33, ch. 92-149; s. 43, ch. 96-169; s. 83, ch. 97-261; s. 81, ch. 2000-160.  Note.—Former s. 455.2415; s. 455.671.

456.061 Practitioner disclosure of confidential information; immunity from civil or criminal liability.

 (1) A practitioner regulated through

the Division of Medical Quality

Assurance of the department shall not be civilly or criminally liable for the disclosure of otherwise

confidential information to a sexual partner or a needle-sharing partner under the following circumstances:

456.061 Practitioner disclosure of confidential information; immunity from civil or criminal liability.

 (a) If a patient of the practitioner

who has tested positive for human immunodeficiency virus discloses to the practitioner the identity of a

sexual partner or a needle-sharing partner;

456.061 Practitioner disclosure of confidential information; immunity from civil or criminal liability.

 (b) The practitioner recommends the

patient notify the sexual partner or the needle-sharing partner of the positive test and refrain from engaging in

sexual or drug activity in a manner likely to transmit the virus and the patient refuses, and the practitioner

informs the patient of his or her intent to inform the sexual partner or needle- sharing partner; and

456.061 Practitioner disclosure of confidential information; immunity from civil or criminal liability.

 (c) If pursuant to a perceived civil

duty or the ethical guidelines of the profession, the practitioner

reasonably and in good faith advises the sexual partner or the needle-

sharing partner of the patient of the positive test and facts concerning the transmission of the virus.

456.061 Practitioner disclosure of confidential information; immunity from civil or criminal liability.

 However, any notification of a sexual

partner or a needle-sharing partner pursuant to this section shall be done in accordance with protocols

developed pursuant to rule of the Department of Health.

456.061 Practitioner disclosure of confidential information; immunity from civil or criminal liability.

 (2) Notwithstanding the foregoing, a

practitioner regulated through the

Division of Medical Quality Assurance of the department shall not be civilly or

criminally liable for failure to disclose information relating to a positive test result for human immunodeficiency

virus of a patient to a sexual partner or a needle-sharing partner.

 History.—s. 43, ch. 88-380; s. 12, ch. 89-350; s. 191, ch. 97-103; s. 84, ch. 97-261; s. 220, ch.