052-3 Wyo. Code R. §§ 3-4 - Patient access to physician medical records
(a) The information
contained in a patient's medical records should be made readily available upon
receipt by the physician of an appropriate, signed, written request for release
of such information. The paper, microfilm or data storage unit upon which the
patient's information is maintained belongs to the physician and/or health care
facility in which he/she practices. Patients do not have a right to possess the
physical means by which the information is stored. Upon a patient's signed,
written request, physicians shall make pertinent information in the medical
record available to the patient. Physicians shall comply with the patient's
written request within a reasonable period or no more than thirty days,
whichever is shorter. Physicians shall honor a request for a patient's medical
record when such request is made in writing and signed by the patient or an
individual who is authorized to consent to health care for the patient pursuant
to W.S. §
35-22-401
et. seq.
(b) Physicians may provide
the medical record or any portion in an accurate, detailed, comprehensive
summary of the factual information contained in the complete record. If
requested, physicians shall provide copies of pertinent x-rays and other
diagnostic records in addition to/in lieu of interpretive summaries.
(c) For purposes of this section, 'medical
records' does not include a physician's personal office notes or personal
communications between referring and consulting physicians relating to the
patient. A physician may, however, include such notes and communications if
appropriate.
(d) If the physician
disclosing the medical record believes, in good faith, that releasing any
portion of the record would injure the health or well being of the patient, a
physician may refuse disclosure of that portion of the record. In such
instances, a physician shall document the factual basis and rationale used in
deciding against disclosure. A physician may also deny access to patient
records if he/she reasonably concludes that access to the health care
information requested is otherwise prohibited by law.
(e) A physician may establish reasonable
charges, and charge a patient for the actual costs incurred in responding to a
patient's request for copies of any portion of a patient's medical record. Such
costs may include the cost of copies, clerical staff time and the physician's
time in reviewing and summarizing the records and/or x-rays and diagnostic
records, if necessary. The patient requesting medical records is responsible
for payment of all such charges; however, a patient shall not be denied a
summary or a copy of requested medical records because of inability to
pay.
(f) Violation of this rule may
be cause for disciplinary action pursuant to
W.S.
33-26-402(a)(xxxi).
Notes
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