Ohio § 3701.74

§ 3701.74.

(A) As used in this section and section 3701.741 of the Revised Code : (1) “ Ambulatory care facility ” means a facility that provides medical, diagnostic, or surgical treatment to patients

who do not require hospitalization, including a dialysis center, ambulatory surgical

facility, cardiac catheterization facility, diagnostic imaging center, extracorporeal

shock wave lithotripsy center, home health agency, inpatient hospice, birthing center,

radiation therapy center, emergency facility, and an urgent care center.  “Ambulatory care facility” does not include the private office of a physician, advanced

practice registered nurse, or dentist, whether the office is for an individual or

group practice. (2) “ Chiropractor ” means an individual licensed under Chapter 4734. of the Revised Code to practice

chiropractic. (3) “ Emergency facility ” means a hospital emergency department or any other facility that provides emergency

medical services. (4) “ Health care practitioner ” means all of the following: (a) A dentist or dental hygienist licensed under Chapter 4715. of the Revised Code; (b) A registered nurse licensed under Chapter 4723. of the Revised Code, including an

advanced practice registered nurse, or a licensed practical nurse licensed under that

chapter; (c) An optometrist licensed under Chapter 4725. of the Revised Code; (d) A dispensing optician, spectacle dispensing optician, or spectacle-contact lens dispensing

optician licensed under Chapter 4725. of the Revised Code; (e) A pharmacist licensed under Chapter 4729. of the Revised Code; (f) A physician; (g) A physician assistant authorized under Chapter 4730. of the Revised Code to practice

as a physician assistant; (h) A practitioner of a limited branch of medicine issued a license or certificate under

Chapter 4731. of the Revised Code; (i) A psychologist licensed under Chapter 4732. of the Revised Code; (j) A chiropractor; (k) A hearing aid dealer or fitter licensed under Chapter 4747. of the Revised Code; (l) A speech-language pathologist or audiologist licensed under Chapter 4753. of the

Revised Code; (m) An occupational therapist or occupational therapy assistant licensed under Chapter

4755. of the Revised Code; (n) A physical therapist or physical therapy assistant licensed under Chapter 4755. of

the Revised Code; (o) A licensed professional clinical counselor, licensed professional counselor, social

worker, independent social worker, independent marriage and family therapist, or marriage

and family therapist licensed, or a social work assistant registered, under Chapter

4757. of the Revised Code; (p) A dietitian licensed under Chapter 4759. of the Revised Code; (q) A respiratory care professional licensed under Chapter 4761. of the Revised Code; (r) An emergency medical technician-basic, emergency medical technician-intermediate,

or emergency medical technician-paramedic certified under Chapter 4765. of the Revised

Code; (s) A certified mental health assistant licensed under Chapter 4772. of the Revised Code. (5) “ Health care provider ” means a hospital, ambulatory care facility, long-term care facility, pharmacy, emergency

facility, or health care practitioner. (6) “Hospital” has the same meaning as in section 3727.01 of the Revised Code . (7) “ Long-term care facility ” means a nursing home, residential care facility, or home for the aging, as those

terms are defined in section 3721.01 of the Revised Code ;  a residential facility licensed under section 5119.34 of the Revised Code that provides accommodations, supervision, and personal care services for three to

sixteen unrelated adults;  a nursing facility, as defined in section 5165.01 of the Revised Code ;  a skilled nursing facility, as defined in section 5165.01 of the Revised Code ;  and an intermediate care facility for individuals with intellectual disabilities,

as defined in section 5124.01 of the Revised Code . (8) “ Medical record ” means data in any form that pertains to a patient's medical history, diagnosis,

prognosis, or medical condition and that is generated and maintained by a health care

provider in the process of the patient's health care treatment. (9) “ Medical records company ” means a person who stores, locates, or copies medical records for a health care

provider, or is compensated for doing so by a health care provider, and charges a

fee for providing medical records to a patient or patient's representative. (10) “ Patient ” means either of the following: (a) An individual who received health care treatment from a health care provider; (b) A guardian, as defined in section 1337.11 of the Revised Code , of an individual described in division (A)(10)(a) of this section. (11) “ Patient's personal representative ” means a minor patient's parent or other person acting in loco parentis, a court-appointed

guardian, or a person with durable power of attorney for health care for a patient,

the executor or administrator of the patient's estate, or the person responsible for

the patient's estate if it is not to be probated.  “Patient's personal representative” does not include an insurer authorized under

Title XXXIX of the Revised Code to do the business of sickness and accident insurance

in this state, a health insuring corporation holding a certificate of authority under

Chapter 1751. of the Revised Code, or any other person not named in this division. (12) “Pharmacy” has the same meaning as in section 4729.01 of the Revised Code . (13) “ Physician ” means a person authorized under Chapter 4731. of the Revised Code to practice medicine

and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery. (14) “ Authorized person ” means a person to whom a patient has given written authorization to act on the patient's

behalf regarding the patient's medical record. (15) “Advanced practice registered nurse” has the same meaning as in section 4723.01 of the Revised Code . (B) A patient, a patient's personal representative, or an authorized person who wishes

to examine or obtain a copy of part or all of a medical record shall submit to the

health care provider a written request signed by the patient, personal representative,

or authorized person dated not more than one year before the date on which it is submitted.  The request shall indicate whether the copy is to be sent to the requestor, sent

to a physician, advanced practice registered nurse, or chiropractor, or held for the

requestor at the office of the health care provider.  Within a reasonable time after receiving a request that meets the requirements of

this division and includes sufficient information to identify the record requested,

a health care provider that has the patient's medical records shall permit the patient

to examine the record during regular business hours without charge or, on request,

shall provide a copy of the record in accordance with section 3701.741 of the Revised Code , except that if a physician, advanced practice registered nurse, psychologist, licensed

professional clinical counselor, licensed professional counselor, independent social

worker, social worker, independent marriage and family therapist, marriage and family

therapist, or chiropractor who has treated the patient determines for clearly stated

treatment reasons that disclosure of the requested record is likely to have an adverse

effect on the patient, the health care provider shall provide the record to a physician,

advanced practice registered nurse, psychologist, licensed professional clinical counselor,

licensed professional counselor, independent social worker, social worker, independent

marriage and family therapist, marriage and family therapist, or chiropractor designated

by the patient.  The health care provider shall take reasonable steps to establish the identity of

the person making the request to examine or obtain a copy of the patient's record. (C) If a health care provider fails to furnish a medical record as required by division

(B) of this section, the patient, personal representative, or authorized person who

requested the record may bring a civil action to enforce the patient's right of access

to the record. (D)(1) This section does not apply to medical records whose release is covered by section 173.20 or 3721.13 of the Revised Code , by Chapter 1347., 5119., or 5122. of the Revised Code, by 42 C.F.R. part 2 , “Confidentiality of Alcohol and Drug Abuse Patient Records,” or by 42 C.F.R. 483.10 . (2) Nothing in this section is intended to supersede the confidentiality provisions of sections 2305.24 , 2305.25 , 2305.251 , and 2305.252 of the Revised Code .