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Or. Admin. R. 847-012-0000 - Patient’s Access to Medical Records

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A patient or his or her personal representative has the right to request access to all or part of the patient's protected health information in the medical record of any licensee of the Oregon medical board. Within a reasonable time, but in no case more than thirty days after receiving the request, the licensee must permit the patient or representative to inspect the record, or must provide a copy of the record. A licensee may substitute a summary for the actual record only if the patient agrees. A licensee may withhold the following:

  • Information obtained from someone other than a healthcare provider under a promise of confidentiality if access to the information would likely reveal the source of the information;
  • Psychotherapy notes;
  • Information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding; and
  • Information for any other reason specified by federal regulation.

A licensee may charge a reasonable fee to cover the costs incurred in complying with a records request, to include the following charges:

  • Up to $30 for copying 10 or less pages, up to $0.50 per page for pages 11-50, and up to $0.25 for pages 51 and beyond;
  • A bonus charge of $5 if the records are mailed by first class mail within seven business days after the request;
  • Postage costs to mail copies of the requested records;
  • Actual costs of preparing an explanation or summary of the health information, if such information is requested by the patient; and
  • Actual costs of reproducing films, x-rays, or other reports maintained in a non-written form.

A patient may not be denied summaries or copies of his or her medical records because of inability to pay.


Current as of June 2015