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Legal Q & A: Previous Patient Records

Question: I previously worked as an employee for a professional association (P.A.) owned by another optometric physician. Our written employment agreement provided that the P.A. was the record owner of all the patient records that I generated while employed at P.A. I recently left the P.A. and opened my own practice. Several patients I treated while employed by the P.A. have made appointments at my new office. I would like to get examination and treatment information about these individuals, in advance of their appointments, from patient records owned by the P.A. Can I obtain such information without first securing a written authorization signed by the patient?

Answer: Yes. Section 456.057, Florida Statues, governs the ownership of patient records generated by health care practitioners, including optometric physicians. Although you are not the record owner of the patient records you generated while employed by the P.A., subsection (18) of 456.057 nevertheless provides you with access to certain information in those patient records you actually created or generated without the necessity of a written authorization signed by the patient. Specifically, the P.A. is required to release to you, as the former employee who previously treated the patient and generated the patient record, the notes plans of care, orders, and summaries that you actually generated. However, you must make a written request of the P.A. for this information.