Oklahoma § 76-19 - Access to medical records - Copies - Waiver of privilege Exception for inmates when threat to safety or security of self or

§ 76-19. Access to medical records - Copies - Waiver of privilege Exception for inmates when threat to safety or security of self or

institution.

A. 1. Any person who is or has been a patient of a doctor,

hospital or other medical institution shall be entitled, upon

request, to obtain access to the information contained in the

patient's medical records including any x-ray or other photograph or

image, pathology slide or the patient's medical bills. Disclosure

regarding a deceased patient shall require either a court order or a

written release of an executor, administrator or personal

representative appointed by the court, or if there is no such

appointment, by the spouse of the patient or, if none, by any

responsible member of the family of the patient. As used in this

paragraph, "responsible family member" shall mean the parent, adult

child, adult sibling or other adult relative who was actively

involved in providing care to or monitoring the care of the patient

as verified by the doctor, hospital or other medical institution

responsible for the care and treatment of such person.

2. Any person who is or has been a patient of a doctor,

hospital or other medical institution shall be furnished copies of

all medical records including any x-ray, other photograph or image,

pathology slide or all medical bills pertaining to that person's

case upon request and upon the tender of the expenses enumerated in

this paragraph. The cost of each copy to such person or to the

personal representative, spouse or responsible family member of such

person, not including any x-ray or other photograph or image or

pathology slide, shall be fifty cents ($0.50) for each page.

Requests for medical records and medical bills from attorneys,

insurance companies and by way of subpoena shall be charged a base

fee of Twenty Dollars ($20.00) in addition to the per page charges

required pursuant to this section, plus postage or delivery fee.

The base fee shall be charged regardless of whether any records

related to the request are located. A fee of Fifteen Dollars

($15.00) shall be charged if a certification or an affidavit by the

provider regarding the authenticity of the medical records or bills

is requested. The physician, hospital or other medical

professionals and institutions, or their business associates as the

term is defined in Section 160.103 of Title 45 of the United States

Code of Federal Regulations shall produce the records in digital

form at the rate of thirty cents ($0.30) per page if:

a.

the entire request can be reproduced from an

electronic health record system,

b.

the records are specifically requested to be delivered

in electronic format, and

c.

the records can be delivered electronically.

If a provider or business associate transmits the records

electronically, no postage shall be charged but a delivery charge

Oklahoma Statutes - Title 76. Torts

shall apply. In no event shall a charge for the reproduction of

electronically stored and delivered medical records pursuant to this

paragraph exceed Two Hundred Dollars ($200.00) plus postage or

delivery fee. The cost of each printed x-ray, other photograph or

image to such person or to the legal representative of such person

shall be Fifteen Dollars ($15.00). If the x-ray, other photograph

or image is provided on a CD/DVD or other electronic media, the fee

shall be Twenty Dollars ($20.00) per CD/DVD or other electronic

media. The physician, hospital, or other medical professionals and

institutions, or their business associates as the term is defined in

Section 160.103 of Title 45 of the United States Code of Federal

Regulations, shall not charge a person who requests their own record

a fee for searching, retrieving, reviewing, and preparing medical

records of the person. No mailing fee shall be charged for copies

provided by facsimile. All requests for medical records made

pursuant to this subsection shall be subject to the fees described

in this section regardless of where the copies or electronic

versions of such records are actually produced.

3. The provisions of paragraphs 1 and 2 of this subsection

shall not apply to psychological, psychiatric, mental health or

substance abuse treatment records. In the case of psychological,

psychiatric, mental health or substance abuse treatment records,

access to information contained in the records shall be obtained

pursuant to Section 1-109 of Title 43A of the Oklahoma Statutes.

4. The provisions of paragraphs 1 and 2 of this subsection

shall not apply to requests for medical records made by the

Disability Determination Division of the State Department of

Rehabilitation Services. The fee for such requests shall be at a

rate allowed by the Social Security Administration.

B. 1. In cases involving a claim for personal injury or death

against any practitioner of the healing arts or a licensed hospital,

or a nursing facility or nursing home licensed pursuant to Section

1-1903 of Title 63 of the Oklahoma Statutes arising out of patient

care, where any person has placed the physical or mental condition

of that person in issue by the commencement of any action,

proceeding, or suit for damages, or where any person has placed in

issue the physical or mental condition of any other person or

deceased person by or through whom the person rightfully claims,

that person shall be deemed to waive any privilege granted by law

concerning any communication made to a physician or health care

provider with reference to any physical or mental condition or any

knowledge obtained by the physician or health care provider by

personal examination of the patient; provided that, before any

communication, medical or hospital record, or testimony is admitted

in evidence in any proceeding, it must be material and relevant to

an issue therein, according to existing rules of evidence.

Psychological, psychiatric, mental health and substance abuse

Oklahoma Statutes - Title 76. Torts

treatment records and information from psychological, psychiatric,

mental health and substance abuse treatment practitioners may only

be obtained provided the requirements of Section 1-109 of Title 43A

of the Oklahoma Statutes are met.

2. Any person who obtains any document pursuant to the

provisions of this section shall provide copies of the document to

any opposing party in the proceeding upon payment of the expense of

copying the document pursuant to the provisions of this section.

C. This section shall not apply to the records of an inmate in

a correctional institution when the correctional institution

believes the release of such information to be a threat to the

safety or security of the inmate or the institution.

Added by Laws 1976, c. 44, § 3, emerg. eff. April 8, 1976. Amended

by Laws 1977, c. 59, § 1, eff. Oct. 1, 1977; Laws 1979, c. 75, § 2,

eff. Oct. 1, 1979; Laws 1985, c. 184, § 1, eff. Nov. 1, 1985; Laws

1987, c. 168, § 2, eff. Nov. 1, 1987; Laws 1994, c. 90, § 1, eff.

Sept. 1, 1994; Laws 1995, c. 251, § 14, eff. Nov. 1, 1995; Laws

1999, c. 293, § 27, eff. Nov. 1, 1999; Laws 2003, c. 21, § 1, emerg.

eff. March 31, 2003; Laws 2003, c. 390, § 23, eff. July 1, 2003;

Laws 2004, c. 168, § 17, emerg. eff. April 27, 2004; Laws 2005, c.

88, § 1, emerg. eff. April 21, 2005; Laws 2011, c. 222, § 1, eff.

Nov. 1, 2011; Laws 2013, c. 273, § 1, eff. Nov. 1, 2013; Laws 2015,

c. 100, § 1, eff. Nov. 1, 2015; Laws 2021, c. 231, § 1, eff. Nov. 1,

2021.