The Florida Poison Information Center Network and HIPAA (for Healthcare Providers)
- Poison control centers are considered healthcare providers under federal HIPAA regulations (45 CFR parts 160 & 164 in the Federal Register) and under Florida State Statute 395.1027 (3), healthcare facilities or healthcare practitioners are required to release information to poison control centers upon request.
- In addition, the Florida Poison Information Center Network is an agency of the Department of Health, and State regulations permit the collection of patient-specific information for the purpose of surveillance and public health.
- It is not now, and has never been, a violation of the law under HIPAA for a healthcare provider to release information about a specific case to the Florida Poison Information Center Network.
Federal Register Rules and Regulations
This information is from the Federal Register/Vol. 65, No. 250/Thursday,
December 28, 2000/Rules and Regulations/ Section: Treatment/Page 82626
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
45 CFR Parts 160 and 164
Standards for Privacy of Individually
Identifiable Health Information
AGENCY: Office of the Assistant
Secretary for Planning and Evaluation, DHHS.
ACTION: Final rule.
We note that poison control centers are health care providers for purposes of this rule. We consider the counseling and follow-up consultations provided by poison control centers with individual providers regarding patient outcomes to be treatment. Therefore, poison control centers and other health care providers can share protected health information about the treatment of an individual without a business associate contract.
Florida Statute FS395.1027
395.1027 Regional poison control centers.— (1) There shall be created three certified regional poison control centers, one each in the north, central, and southern regions of the state. Each regional poison control center shall be affiliated with and physically located in a certified Level I trauma center. Each regional poison control center shall be affiliated with an accredited medical school or college of pharmacy. The regional poison control centers shall be coordinated under the aegis of the Division of Children’s Medical Services Prevention and Intervention in the department. (2) Each regional poison control center shall provide the following services: (a) Toll-free access by the public for poison information. (b) Case management of poison cases. (c) Professional consultation to health care practitioners. (d) Prevention education to the public. (e) Data collection and reporting. (3) Upon request, a licensed facility or health care practitioner shall release to a regional poison control center any patient information that is relevant to the episode under evaluation for purposes of treatment or that is necessary for case management of poison cases and other patient information that is necessary to comply with the data collection and reporting requirements of this section and the professional organization that certifies poison control centers in accordance with federal law. (4) The Legislature hereby finds and declares that it is in the public interest to shorten the time required for a citizen to request and receive directly from designated regional poison control centers telephonic management advice for acute poisoning emergencies. To facilitate rapid and direct access, telephone numbers for designated regional poison control centers shall be given special prominence. The local exchange telecommunications companies shall print immediately below “911” or other emergency calling instructions on the inside front cover of the telephone directory the words “Poison Information Center,” the logo of the American Association of Poison Control Centers, and the telephone number of the local, if applicable, or, if not local, other toll-free telephone number of the Florida Poison Information Center Network. This information shall be outlined and be no less than 1 inch in height by 2 inches in width. Only those facilities satisfying criteria established in the current “Criteria for Certification of a Regional Poison Center” set by the American Association of Poison Control Centers, and the “Standards of the Poison Information Center Program” initiated by the Division of Children’s Medical Services Prevention and Intervention of the Department of Health shall be permitted to list such facility as a poison information center, poison control center, or poison center. Those centers under a developmental phase-in plan shall be given 2 years from the date of initial 24-hour service implementation to comply with the aforementioned criteria and, as such, will be permitted to be listed as a poison information center, poison control center, or poison center during that allotted time period. (5) By October 1, 1999, each regional poison control center shall develop a prehospital emergency dispatch protocol with each licensee defined by s. 401.23(13) in the geographic area covered by the regional poison control center. The prehospital emergency dispatch protocol shall be developed by each licensee’s medical director in conjunction with the designated regional poison control center responsible for the geographic area in which the licensee operates. The protocol shall define toxic substances and describe the procedure by which the designated regional poison control center may be consulted by the licensee. If a call is transferred to the designated regional poison control center in accordance with the protocol established under this section and s. 401.268, the designated regional poison control center shall assume responsibility and liability for the call. History.—s. 18, ch. 89-283; s. 1, ch. 90-192; ss. 22, 98, ch. 92-289; s. 1, ch. 94-147; s. 97, ch. 95-143; s. 1, ch. 98-7; s. 103, ch. 99-8; s. 15, ch. 2000-153; s. 24, ch. 2004-350; s. 2, ch. 2005-256. Note.—Former s. 395.038