Medical Records Access Rules

Oklahoma State Law–copied from the Oklahoma State Board of Medical Licensure & Supervision-June 5, 2007

Title 76 § 19. Access to medical records—Copies—Waiver of privilege

1. Any person who is or has been a patient of a doctor, hospital or other medical institution shall be entitled, upon request, to obtain access to the information contained in the patient’s medical records, including any x-ray or other photograph or image.

2. Any person who is or has been a patient of a doctor, hospital, or other medical institution shall be furnished copies of all records, including any x-ray or other photograph or image, pertaining to that person’s case upon request and upon the tender of the expense of the copy or copies. The cost of each copy to such person or to the legal representative of such person, not including any x-ray or other photograph or image, shall not exceed One Dollar ($1.00) for the first page and fifty cents ($0.50) for each subsequent page. The cost of each x-ray or other photograph or image to such person or to the legal representative of such person shall not exceed Five Dollars ($5.00) or the actual cost of reproduction, whichever is less. The physician, hospital, or other medical professionals and institutions may charge a patient for the actual cost of mailing the patient’s requested medical records, but may not charge a fee for searching, retrieving, reviewing, and preparing medical records of the person.

3. The provisions of paragraphs 1 and 2 of this subsection shall not apply to psychological or psychiatric records. In the case of psychological or psychiatric records, the patient shall not be entitled to copies unless access to the records is consented to by the treating physician or practitioner or is ordered by a court of competent jurisdiction upon a finding that it is in the best interest of the patient, but the patient may be provided access to information contained in the records, as provided in subsection B of Section 1-109 of Title 43A of the Oklahoma Statutes. The patient or, if the patient is a minor child or a guardian has been appointed for the patient, the guardian of the patient may authorize the release of the psychiatric or psychological records of the patient to the patient’s attorney, a third party payer, or a governmental entity. The execution of an authorization shall not be construed to authorize the patient personal access to the records of information.

Amended 05/2003

Title 76 § 20. Refusing to furnish records—Penalty

Any person refusing to furnish records or information required in Section 3 1 of this act shall be guilty of a misdemeanor.

1 Section 19 of this title.

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