(a) Request for chiropractic records. Upon request,
a licensee shall furnish copies of chiropractic records or a summary or
narrative of the records pursuant to a written consent for the release of
the information or records. The requested information or record shall not be
released if the licensee determines that access to the information would be
harmful to the physical, mental, or emotional health of the patient. The
licensee may delete from the requested records confidential information
about another person who has not consented to release. For purposes of this
chapter, "chiropractic records" means any records pertaining to the history,
diagnosis, treatment or prognosis of the patient including records of other
health care practitioners contained in the records of the licensee to whom a
request for release of records has been made. "Patient" means any person who
consults or is seen by a licensee for the purposes of receiving chiropractic
care.
(b) Written consent.
(1) The written consent required by subsection (a)
of this section shall be signed by:
(A) the patient;
(B) the patients' personal representative if the
patient is deceased;
(C) a parent or legal guardian if the patient is a
minor;
(D) a legal guardian if the patient has been
adjudicated incompetent to manage his or her personal affairs; or
(E) an attorney ad litem for the patient as
authorized by law, including the Health and Safety Code, Title 7, Family
Code, Chapter 11 or the Probate Code, Chapter 5.
(2) The written
consent shall contain the specific information or chiropractic records to be
released under the consent; the reasons or purposes for the release; and the
person to whom the information is to be released.
(3) The patient,
or other person authorized to consent, has the right to withdraw the consent
to the release of any information. Withdrawal of consent does not affect any
information disclosed prior to the written notice of the withdrawal. Any
person who received information made confidential by the Chiropractic Act
may disclose the information to others only to the extent consistent with
the authorized purposes for which consent to release information was
obtained.
(c) Reasonable time. A copy of chiropractic records
or a summary or narrative of the records requested under subsection (a) of
this section shall be furnished by the licensee within a reasonable time,
not to exceed 15 business days from the date of the request.
(d) Denial of request. If the licensee denies the
request under subsection (a) of this section for a copy of chiropractic
records or a summary or narrative of the records, either in whole or in
part, the licensee shall furnish the patient a written statement, signed and
dated, stating the reason for the denial. Chiropractic records requested
pursuant to subsection (a) of this section may not be withheld based on a
past due account for care or treatment previously rendered to the patient.
(e) Fee for records. The licensee may charge a
reasonable fee for furnishing the information requested under subsection (a)
of this section, in accordance with the following provisions:
(1) The fee shall
be paid by the patient or someone else on the patient's behalf.
(2) A licensee
may require payment in advance except from another licensee or other health
care provider, including a chiropractor licensed by any other state,
territory, or insular possession of the United States or any state or
province of Canada, if requested for purposes of emergency or acute medical
care.
(3) In the event
payment is not received, within ten calendar days from notification of the
charge, the licensee shall notify the requesting party in writing of the
need for payment.
(4) A reasonable
fee for a paper copy shall be a charge not to exceed:
(A) $30 for
retrieval of records and processing the request, including copies for the
first 10 pages;
(B) $1.00 per
page for pages 11-60;
(C) $.50 per
page for pages 61-400; and
(D) $.25 per
page for pages over 400;
(5) A reasonable
fee for copies of films or other static diagnostic imaging studies shall be
a charge not to exceed $45 for retrieval and processing, including copies
for the first 10 pages, and $1.00 for each additional page over 10.
(6) Reasonable fees may also include actual costs
for mailing, shipping or delivery.
(f) Subpoena not required. A subpoena shall not be
required for the release of chiropractic records requested pursuant to
subsection (a) of this section. "