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chiropractors fall into this definition of physician, many school districts require an MD or a DO to fill out these forms. The FMA successfully fought against changing the statutes to specifically allow chiropractors to perform these duties.Florida law (Section 1003.22(5)(c), Florida Statutes) does allow a chiropractor, along with M.D.s and D.O.s, to certify that a student has received all required immunizations.Florida law (Section 1002.20(17)(b), Florida Statutes) states that a student must have a medical evaluation before participating in athletics, but it does not state who may perform the exams. Therefore, each practice act must be examined to determine if it is within that scope of practice to perform the exam. General physical exams are within the scope of practice of an M.D., a D.O., an A.R.N.P. and a P.A. Other practice acts (such as 460 for Chiropractors) are not as clear.This article is presented for educational purposes only and should not be taken as a substitute for legal advice, which should be obtained from personal legal counsel. Nevertheless, the FMA hopes that the information provided here and in its other publications continues to assist physicians in answering many of their most common legal questions allowing them to treat patients, instead of addressing legal concerns. Last Update: April 2013 STATUTE OF LIMITATIONS FOR MEDICAL MALPRACTICE Section 95.11(4)(b) of the Florida Statutes codifies the statute of limitations for medical malpractice claims. It provides in relevant part:“An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child's eighth birthday… The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child's eighth birthday…”This article is presented for educational purposes only and should not be taken as a substitute for legal advice, which should be obtained from personal legal counsel. Nevertheless, the FMA hopes that the information provided here and in its other publications continues to assist physicians in answering many of their most common legal questions allowing them to treat patients, instead of addressing legal concerns. Last Update: April 2013 SUBPOENA COMPLIANCE As most physicians are aware, patient records are confidential and cannot be released without the consent of the patient or the patient’s legal representative. An exception to this general rule occurs, however, when a physician receives a subpoena requesting copies of a patient’s medical records. If a physician receives a subpoena for patient records, the physician generally must honor the subpoena. According to Section 456.057(7)(a)3., Florida Statutes, patient information may be disclosed without written authorization from the patient “upon the issuance of a subpoena from a court of competent jurisdiction and proper notice to the patient or the patient’s legal representative by the party seeking such records.” Failure to comply with a properly issued subpoena could result in the physician begin held in contempt of court and punished by a fine and/or imprisonment until such time as the physician complies with the subpoena. See Pedoroso v. State, 450 So.2d 902 (Fla. 3d DCA 1984).It is important to note, however, that HIPAA does not allow a physician to comply with a subpoena for medical records unless the physician first receives satisfactory assurance that the person requesting the records has made a reasonable effort to notify the individual, who is the subject of the medical records that have been requested, of the request, or that reasonable efforts have been made to secure a qualified protective order. 45 CFR 164.512(e)(1).Satisfactory assurance may be provided to the physician in the form of a written statement and accompanying documentation demonstrating that:• The party requesting the medical record has made a good faith attempt to provide written notice to the patient;• The notice includes sufficient information about the litigation proceeding in which the medical record is requested to allow the patient to raise an objection to the court or administrative tribunal; and• The time for the patient to raise objections to the court or administrative tribunal has elapsed, and either no objections were filed by the patient or all objections filed by the patient have been resolved by the court or administrative tribunal and the disclosures being sought are consistent with such resolution.A sample letter that a physician may send the attorney requesting the medical records is found in our forms section.There are two instances in which a physician should not comply with a subpoena that is not accompanied by a court order. These instances involve records pertaining to physician’s knowledge of a test result for the HIV virus, and second, when the records sought are substance abuse, psychiatric records, or records subject to the psychotherapist-patient privilege under Section 90.503, Florida Statutes.There are two statutes under which psychiatric records may be confidential. Section 456.057, Florida Statutes, provides that communications between a patient and a psychiatrist are confidential. In order to be considered confidential, the communication must be by a physician “who has primarily diagnosed and treated mental and nervous disorders for a period of not less than 3 years, inclusive of psychiatric residency.” Section 456.057(8)(b), Florida Statutes. At the same time, Section 90.503, Florida Statutes, provides that communications or records “made for the purpose of diagnosis or treatment of the patient’s mental or emotional condition” between the patient and the psychotherapist are generally confidential and may not be disclosed without the patient’s consent. Under this statute, the three-year limitation contained in Section 456.057, Florida Statutes, does not apply. Under Section 90.503, a “psychotherapist” is defined to include any person authorized to practice medicine in the state “who is engaged in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction.” It is important to note that this privilege is not absolute. The statutory privilege does not apply if a patient in a civil or criminal action relies on his or her mental or emotional condition as an element of his or her claim or defense. Section 90.503(4)(c), Florida Statutes. It is unclear whether the privilege afforded by Section 455.671 applies in the same situation.In the event either of these two types of records are requested, the physician should contact the patient and request, if the patient does not object to release of the records, that the patient execute a specific, written release. If, however, the patient does not want the records to be released, the physician should notify the party who issued the subpoena that Florida law prohibits the release of these records without a specific court order. In these instances, the physician should not release the records until a specifically worded release from the patient or a court order is obtained a subpoena for deposition is only binding if properly served. Florida law makes no provision for service of subpoena by mail. Thus, the physician