From: collene@unisql.UUCP (Collene Pearce)
Newsgroups: sci.med
Subject: Patients rights to med. records - long
Date: 1 Oct 92 20:05:17 GMT
Reply-To: collene@unisql.UUCP (Collene Pearce)
Organization: UniSQL, Inc., Austin, Texas, USA

In article <1992Oct1.032710.24107@wolves.uucp> wolfe@wolves.uucp (G. Wolfe Woodbury) writes:
><1992Sep29.161152.25034@unislc.uucp> chris@unislc.uucp (Chris DelPrete) writes:
>>Does a patient have a right to read his or her medical records?
>
>	No, the record is the *property* of the physican/clinic/institution
>and they have the right to determine the policy of who gets to read the
>records unsupervised.

This varies from state to state.  

In Texas, you do have the right to have a copy of your medical records (the
physician keeps the originals).  This is covered by the Medical Practice Act
of Texas, Section 5.08J & K.  This states that the patient may be charged a
(reasonable) fee for the processing of the records.  Also, it says the
request for patient records must include the following information:

   1) The information to be covered by the records (all records dated
      from 9/9/89 to 12/12/92, or pertaining to some test/illness, etc.)
   2) The reason/purpose of this request (personal, transferring to a new
      doctor, etc.)
   3) Who the records are to be released to/sent to (yourself, another
      doctor, insurance company, etc.)

Additional information can be obtained from the office of the TX State 
Board of Medical Examiners, 512-834-7728. They seem to be rather displeased
with doctors who refuse to part with a patients records and are always 
helpful and concerned.  ;-)

Although the law does not specify that this is necessary, my own personal
experience indicates it is necessary to put the request in writing and 
then send it certified mail. (And keep your delivery receipt, in case they
try to tell you they never got the request!) Also, it helps if your letter
explains that you contacted the state board of med. examiners in order to
learn the proper method to request your records.  ;-)  Technically, you 
should be able to ask for your records, over the phone and have them sent
where ever you want, but that doesn't always work.

I have nothing to do with the medical profession.  The information I have
comes from personal experience.  I have been refused my records repeatedly
by multiple allergists.  I have allergies to many molds, plants and almost
anything that moves (with fur or feathers on it).  So, I have been dealing
with allergists for many years.  Typically, after all these years and many
bad experiences, I distrust allergists.  Ok, lets be honest; I just usually
don`t like them.  So, I try to find those whose practice and person I dislike 
the least.  Since I have no patience with them, the first time they or their
staff lies to me, or treats me an a way that is any but professional, I'm off
to find another one.  At that point, I request copies of my records.

I have been in Austin for a little less than 3 years and I am already working 
on the 3rd allergist.  ;-)  The first one (who didn't always tell the truth 
and who had a very obnoxious staff) refused to give my records to me. 
Finally, a few months later, after I had hounded them enough, they agreed to
send copies of my records to another doctor.  Because I thought I had to put
up with that, I agreed.  The second doctor's staff turned out to be totally
incompetent.  Nothing was ever done when they said it would be and I actually
went in for appointments twice, when they weren't ready for me, but had
forgot to call and tell me.  Grrrrrh!  So, it was necessary to find another
doctor.  I went thru the same argument with the second doctor and then I got
suspicious.  Why didn't they want me to have my own records?  What was in
those records that they didn't want me to read? So, then I _had_ to have them.
It became a crusade.  I finally was able to use the information above to get
all my records from both doctors, about 6 months after leaving the 2nd doctor
(long enough that my serum was depleated and I had stopped taking the shots).
And I was right. There was something in the records which they probably would
not have wanted me to see.  Personal comments of the doctors and some of their
office staff was listed. ;-)  After I handed the records to the 3rd doctor and
he read them (of course, I already had), he laughed and looked up and said 
"Oh.  I see you had a run-in with Dr. X's wife, too." ;-) 

I have to say this in defense of local allergists  --  The one I have now is 
alright, so far. Well, actually, I do sort of like him.  He is rather
personable (which isn't necessary, but it helps).  He listens to me tell him
what I want (him to do/prescribe) and if he knows of/has other preferences/
options/new drugs/etc., he tells me about them (pro and con).  Then lets me
decide what is best for me.  His staff is neutral (not friendly, but not 
snotty either) and they seem to be competent.  If a friend asked me to
recommend an allergist, I would recommend him. (And while I was at it, I
would tell them where not to go.  ;-) )  

You also have the right to your records in OK and SC, but I can't remember the
exact laws covering that.  Again, you should contact your local state board of
med. examiners to find out if your state has such a law or not.  I seem to
remember that it wasn't necessary to submit your request in writing in SC. 
Just a verbal threat to contact the State Board was enough to do the trick.

I really don't understand why doctors are so touchy about this subject.  
After all, the info contained in those records is about (or supposed to be)
the patient.  I always used to think that allergists didn't want to transfer
the records because they were trying to force you to stay with themselves or
to at least insure that you were going to continue treatment with someone 
(they tend to stick together).  However, I have heard that certain other
specialists are as difficult about it as the allergists I have met.


-- 

********************* #include <std_disclaimer.h> **********************
* A. Collene Pearce (512-343-7372, x114) * Organization: UniSQL, Inc.  *
*                                        * Austin, TX                  *
* unisql!collene@cs.utexas.edu           * 512-343-7297 or 7383(fax)   *
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Newsgroups: sci.med