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Session Laws, 1981
Volume 741, Page 1861   View pdf image
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HARRY HUGHES, Governor                               1861

INTEREST" MEANS THE SPOUSE OR AUTHORIZED LEGAL
REPRESENTATIVES.

(B) (1) UPON WRITTEN REQUEST, AT REASONABLE TIMES AND
UPON REASONABLE NOTICE, A PERSON IN INTEREST MAY OBTAIN
ACCESS TO, REVIEW, AND COPY MEDICAL RECORDS MAINTAINED BY A
HOSPITAL OR RELATED INSTITUTION, EXCEPT WHEN THE RECORDS
PERTAIN TO A PSYCHIATRIC OR PSYCHOLOGICAL PROBLEM AND IN THE
OPINION OF THE ATTENDING PHYSICIAN ACCESS WOULD BE MEDICALLY
CONTRAINDICATED. WHERE ACCESS TO PSYCHIATRIC OR
PSYCHOLOGICAL RECORDS IS DENIED AND UPON WRITTEN REQUEST BY
THE PERSON IN INTEREST, A SUMMARY OF THE RECORDS SHALL BE
MADE AVAILABLE TO THE PERSON IN INTEREST.

(2) A COPY OF ALL OR ANY PORTION OF THE RECORDS
OF A PERSON IN INTEREST SHALL BE FURNISHED UPON WRITTEN
REQUEST AND PAYMENT OF THE PREVAILING COST OF COPYING.

(C) EVERY HOSPITAL OR RELATED INSTITUTION SHALL POST
IN CONSPICUOUS PUBLIC PLACES ON THE PREMISES A STATEMENT OF
THE RIGHTS SET FORTH IN SUBSECTION (B) OF THIS SECTION AND
SHALL PROVIDE EACH PERSON UPON ADMISSION A COPY OF THIS
STATEMENT.

(D) (C) (1) EACH HOSPITAL OR RELATED INSTITUTION SHALL
ESTABLISH A PROCEDURE WHEREBY A PERSON IN INTEREST MAY
REQUEST THE CORRECTION OR SUPPLEMENTATION OF THE RECORD. ,
PROVIDED, HOWEVER, SUCH PERSON SHALL NOT BE ENTITLED OR
PERMITTED TO EXPUNGE OR DELETE ANY DATA, INFORMATION OR
MATERIAL WHICH IS ALREADY INCLUDED IN OR CONSTITUTES A PART
OF THE RECORD.

(2)  WHEN THE PERSON IN INTEREST REQUESTS A
CORRECTION OR SUPPLEMENTATION, THE HOSPITAL OR RELATED
INSTITUTION MUST, WITHIN A REASONABLE PERIOD OF TIME,
EITHER:

(I)  MAKE THE CORRECTION OR SUPPLEMENTATION
REQUESTED; OR

(II)  INFORM THE PERSON IN INTEREST OF THE
REFUSAL TO DO SO, THE REASON FOR THE REFUSAL, AND THE
PROCEDURE, IF ANY, FOR FURTHER REVIEW OF THE REFUSAL.

(3)  IF THE HOSPITAL OR RELATED INSTITUTION
REFUSES TO CORRECT OR SUPPLEMENT A RECORD IN ACCORDANCE WITH
THE PERSON IN INTEREST'S REQUEST, THE HOSPITAL OR RELATED
INSTITUTION MUST PERMIT THE PERSON IN INTEREST TO FILE A
CONCISE STATEMENT OF THE REASONS FOR THE DISAGREEMENT, AND
IN ANY SUBSEQUENT DISCLOSURE OF THE DISPUTED INFORMATION THE
HOSPITAL OR RELATED INSTITUTION MUST INCLUDE A NOTATION
THAT THE INFORMATION IS DISPUTED AND FURNISH THE STATEMENT
OF DISAGREEMENT. HOWEVER, THE HOSPITAL OR RELATED
INSTITUTION MAY ALSO INCLUDE A STATEMENT OF THE REASONS FOR
NOT MAKING THE REQUESTED CORRECTION OR SUPPLEMENTATION.

 

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Session Laws, 1981
Volume 741, Page 1861   View pdf image
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