Ohio § 3701.74
Full text of Ohio Ohio Revised Code § 3701.74, with citation guidance and answers to common questions.
§ 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 .
Frequently Asked Questions About Ohio § 3701.74
What does Ohio Revised Code § 3701.74 cover?
Section 3701.74 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 3701.74?
A common citation format is "Ohio Revised Code § 3701.74" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 3701.74 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.