OAR 847-012-0000: Patient’s Access to Medical Records

(1) Licensees of the Oregon Medical Board must make protected health information in the medical record available to the patient or the patient’s representative upon their request, to inspect and obtain a copy of protected health information about the individual, except as provided by law and this rule. The patient may request all or part of the record. A summary may substitute for the actual record only if the patient agrees to the substitution. Board licensees are encouraged to use the written authorization form provided by ORS 192.566. (2) For the purpose of this rule, “health information in the medical record” means any oral, written or electronic information in any form or medium that is created or received and relates to: (a) The past, present, or future physical or mental health of the patient. (b) The provision of healthcare to the patient. (c) The past, present, or future payment for the provision of healthcare to the patient. (3) Upon request, the entire health information record in the possession of the Board licensee will be provided to the patient. This includes records from other healthcare providers. Information which may be withheld includes: (a) Information which was obtained from someone other than a healthcare provider under a promise of confidentiality and access to the information would likely reveal the source of the information; (b) Psychotherapy notes; (c) Information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding; and (d) Other reasons specified by federal regulation. (4) Licensees who have retired, failed to renew their license, relocated their practice out of the area, had their license revoked, or had their license suspended for one year or more must notify each patient seen within the previous two years and the Oregon Medical Board of the change in licensee’s status and how patients may access or obtain their medical records. Notifications must be in writing and sent by regular mail to each patient’s last known address within 45 days of the change in licensee’s status. (5) Licensees who have been suspended for less than one year must notify the Board within 10 days of the suspension how patients may access or obtain their medical records. (6) A reasonable cost may be imposed for the costs incurred in complying with the patient’s request for health information. These costs may include: (a) No more than $30 for copying 10 or fewer pages of written material, and no more than 50 cents per page for pages 11 through 50, and no more than 25 cents for each additional page; (b) A bonus charge of $5 if the request for records is processed and the records are mailed by first class mail to the requester within seven business days after the date of the request; (c) Postage costs to mail copies of the requested records; (d) Actual costs of preparing an explanation or summary of the health information, if such information is requested by the patient; and (e) Actual costs of reproducing films, x-rays, or other reports maintained in a non-written form. (7) A patient may not be denied summaries or copies of his/her medical records because of inability to pay. (8) Requests for medical records must be complied with within a reasonable amount of time not to exceed 30 days from the receipt of the request. (9) Violation of this rule will result in a $195 fine and may be cause for further disciplinary action by the Board.