1. (1) Except as otherwise provided by law, verbal or written information about an individual shall only be released when the competent individual, or a duly authorized legal decision-maker such as guardian, guardian advocate, legal guardian, 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 individual’s clinical record. Form CF-MH 3044, (August 2025), “Authorization for Release of Information,” which is incorporated by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18657"http://flrules.org/Gateway/reference.asp?No=Ref-18657 may be used as documentation. Consent or authorization forms may not be altered in any way after signature by the individual or other authorized decision-maker nor may an individual or other authorized decision-maker be allowed to sign a blank form.
2. (2) Facility staff shall inform each individual 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 collectively as specified by the individual. Form CF-MH 3048, “Confidentiality Agreement,” which is incorporated by reference and available in Rule 65E-5.190, F.A.C., may be used for this purpose.
3. (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 individual’s right to privacy against the benefit of disclosure and shall determine whether the disclosure is in the best interest of the state. Personal identifying information obtained by such a qualified researcher shall not be further disclosed without the express and informed consent of the individual or individual authorized to provide consent for him or her.
4. (4) When an individual’s access to his or her clinical record or any part of his or her record is restricted by written order of a physician or psychiatric nurse, such restriction shall be documented in the individual’s clinical record and provided to the individual and the individual’s guardian, guardian advocate, attorney, and representative. The order restricting access to clinical records expires after seven days but may be renewed, after review, for a subsequent seven (7) day periods. If the request is denied or such access is restricted, a written response shall be provided to the individual. Form CF-MH 3110, (August 2025), “Restriction of Access to Own Record,” which is incorporated by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18658"http://flrules.org/Gateway/reference.asp?No=Ref-18658 may be used for such documentation.
5. (5) Each receiving facility shall develop detailed policies and procedures governing release of records to each individual requesting release, including criteria for determining what type of information may be harmful to the individual, establishing a reasonable time for responding to requests for access, and identifying methods of providing access that ensure clinical support to the individual while securing the integrity of the record.

Rulemaking Authority 394.457(5) FS. Law Implemented 394.4615 FS. History–New 11-29-98, Amended 4-4-05, 11-27-25, Technical Change 1-8-26.