HOUSE BILL 971157
BY REPRESENTATIVES Tate, Clarke, K. Alexander, Gordon, Grossman, Hagedorn, Morrison, and Tupa;
also SENATORS Tanner, Hernandez, Pascoe, and Weddig.
CONCERNING PATIENT ACCESS TO MEDICAL RECORDS FOR
PURPOSES OF DIAGNOSIS AND TREATMENT.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 251801
(1), Colorado Revised Statutes, 1989 Repl. Vol., is amended to
read:
251801. Patient records
in custody of health care facility. (1) (a) Every
patient record in the custody of a hospital
or related facility or institution required to be certified pursuant
to section 251107 (1) (l) (II) or licensed under part
1 of article 3 of this title HEALTH
FACILITY LICENSED OR CERTIFIED PURSUANT TO SECTION 251107
(1) OR ARTICLE 3 OF THIS TITLE, OR BOTH, OR ANY ENTITY REGULATED
UNDER TITLE 10, C.R.S., PROVIDING HEALTH CARE SERVICES, AS DEFINED
IN SECTION 1016102 (22), C.R.S., DIRECTLY OR INDIRECTLY
THROUGH A MANAGED CARE PLAN, AS DEFINED IN SECTION 1016102
(26.5), C.R.S., OR OTHERWISE shall be available for inspection
to the patient or his
THE PATIENT'S designated representative through the attending
health care provider or his
SUCH PROVIDER'S designated representative at reasonable times
and upon reasonable notice, except records pertaining to psychiatric
or psychological
MENTAL HEALTH problems or notes by a physician that, in the opinion
of a licensed physician who practices psychiatry and is an independent
third party, would have significant negative psychological impact
upon the patient. Such independent thirdparty physician
shall consult with the attending physician prior to making a determination
with regard to the availability for inspection of any patient
record and shall report in writing his
findings to the attending physician and to the custodian of said
record. A summary of records pertaining to a patient's psychiatric
or psychological
MENTAL HEALTH problems may, upon written request and signed and
dated authorization, be made available to the patient or his
THE PATIENT'S designated representative following termination
of the treatment program.
(b) (I) Following the
patient's discharge from the hospital or related facility or institution
ANY TREATMENT, PROCEDURE, OR HEALTH CARE SERVICE RENDERED BY A
HEALTH FACILITY LICENSED OR CERTIFIED PURSUANT TO SECTION 251107
(1) OR ARTICLE 3 OF THIS TITLE, OR BOTH, OR BY AN ENTITY REGULATED
UNDER TITLE 10, C.R.S., PROVIDING HEALTH CARE SERVICES, AS DEFINED
IN SECTION 1016102 (22), C.R.S., DIRECTLY OR INDIRECTLY
THROUGH A MANAGED CARE PLAN, AS DEFINED IN SECTION 1016102
(26.5), C.R.S., OR OTHERWISE, copies of said records, including
X rays, shall be furnished to the patient upon submission of a
written authorizationrequest for records, dated and signed
by the patient, and upon the payment of the reasonable costs.
(II) IN THE EVENT THAT A LICENSED HEALTH
CARE PROFESSIONAL DETERMINES THAT A COPY OF ANY X RAY, MAMMOGRAM,
CT SCAN, MRI, OR OTHER FILM IS NOT SUFFICIENT FOR DIAGNOSTIC OR
OTHER TREATMENT PURPOSES, THE HEALTH FACILITY OR ENTITY SHALL
MAKE THE ORIGINAL OF ANY SUCH FILM AVAILABLE TO THE PATIENT OR
ANOTHER HEALTH CARE PROFESSIONAL OR FACILITY AS SPECIFICALLY DIRECTED
BY THE PATIENT PURSUANT TO A WRITTEN AUTHORIZATIONREQUEST
FOR FILMS AND UPON THE PAYMENT OF THE REASONABLE COSTS FOR SUCH
FILM. IF A HEALTH FACILITY RELEASES AN ORIGINAL FILM PURSUANT
TO THIS SUBPARAGRAPH (II), IT SHALL NOT BE RESPONSIBLE FOR ANY
LOSS, DAMAGE, OR OTHER CONSEQUENCES AS A RESULT OF SUCH RELEASE.
ANY ORIGINAL X RAY, MAMMOGRAM, CT SCAN, MRI, OR OTHER FILM MADE
AVAILABLE PURSUANT TO THIS SUBPARAGRAPH (II) SHALL BE RETURNED
UPON REQUEST TO THE LENDING FACILITY WITHIN THIRTY DAYS.
SECTION 2. 251802
(1), Colorado Revised Statutes, 1989 Repl. Vol., is amended to
read:
251802. Patient records
in custody of individual health care providers.
(1) (a) Every patient record in the custody of
a chiropodist or
podiatrist, chiropractor, dentist, doctor of medicine, doctor
of osteopathy, nurse, optometrist, AUDIOLOGIST, ACUPUNCTURIST,
DIRECTENTRY MIDWIFE, or physical therapist required to be
licensed under title 12, C.R.S., OR A PERSON PRACTICING PSYCHOTHERAPY
UNDER THE PROVISIONS OF ARTICLE 43 OF TITLE 12, C.R.S., except
records pertaining to psychiatric
or psychological MENTAL HEALTH problems,
shall be available to the patient upon submission of a written
authorizationrequest for inspection of records, dated and
signed by the patient, at reasonable times and upon reasonable
notice. A summary of records pertaining to a patient's psychiatric
or psychological problems may, upon written request and signed
and dated authorization, be made available to the patient or his
THE PATIENT'S designated representative following termination
of the treatment program.
(b) (I) A copy of such records, including
X rays, shall be made available to the patient or his
THE PATIENT'S designated representative, upon written authorizationrequest
for a copy of such records, dated and signed by the patient, upon
reasonable notice and payment of the reasonable costs.
(II) IN THE EVENT THAT A LICENSED HEALTH
CARE PROFESSIONAL DETERMINES THAT A COPY OF ANY X RAY, MAMMOGRAM,
CT SCAN, MRI, OR OTHER FILM IS NOT SUFFICIENT FOR DIAGNOSTIC OR
OTHER TREATMENT PURPOSES, THE PODIATRIST, CHIROPRACTOR, DENTIST,
DOCTOR OF MEDICINE, DOCTOR OF OSTEOPATHY, NURSE, OPTOMETRIST,
AUDIOLOGIST, ACUPUNCTURIST, DIRECTENTRY MIDWIFE, OR PHYSICAL
THERAPIST REQUIRED TO BE LICENSED UNDER TITLE 12, C.R.S., OR,
SUBJECT TO THE PROVISIONS OF SECTION 251801 (1) (a)
AND PARAGRAPH (a) OF THIS SUBSECTION (1), THE PERSON PRACTICING
PSYCHOTHERAPY UNDER THE PROVISIONS OF ARTICLE 43 OF TITLE 12,
C.R.S., SHALL MAKE THE ORIGINAL OF ANY SUCH FILM AVAILABLE TO
THE PATIENT OR ANOTHER HEALTH CARE PROFESSIONAL OR FACILITY AS
SPECIFICALLY DIRECTED BY THE PATIENT PURSUANT TO A WRITTEN AUTHORIZATIONREQUEST
FOR FILMS AND UPON THE PAYMENT OF THE REASONABLE COSTS FOR SUCH
FILM. IF A PRACTITIONER RELEASES AN ORIGINAL FILM PURSUANT TO
THIS SUBPARAGRAPH (II), THE PRACTITIONER SHALL NOT BE RESPONSIBLE
FOR ANY LOSS, DAMAGE, OR OTHER CONSEQUENCES AS A RESULT OF SUCH
RELEASE. ANY ORIGINAL X RAY, MAMMOGRAM, CT SCAN, MRI, OR OTHER
FILM MADE AVAILABLE PURSUANT TO THIS SUBPARAGRAPH (II) SHALL BE
RETURNED UPON REQUEST TO THE LENDING PRACTITIONER WITHIN THIRTY
DAYS.
SECTION 3. 251803
(1) (a), Colorado Revised Statutes, 1989 Repl. Vol., is amended
to read:
251803. Effect of this
part 8 on similar rights of a patient.
(1) Nothing in this part 8 shall be construed so as
to:
(a) Limit the right of a patient or his
THE PATIENT'S designated representative to inspect the patient's
medical or psychological
MENTAL HEALTH data pursuant to section 2472204 (3)
(a) (I), C.R.S.; or
SECTION 4. 1031104
(1), Colorado Revised Statutes, 1994 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
1031104. Unfair methods
of competition and unfair or deceptive acts or practices.
(1) The following are defined as unfair methods of
competition and unfair or deceptive acts or practices in the business
of insurance:
(x) VIOLATION OF THE PROVISIONS OF PART
8 OF ARTICLE 1 OF TITLE 25 , C.R.S., CONCERNING PATIENT RECORDS.
SECTION 5. 2472204
(3) (a) (I), Colorado Revised Statutes, 1988 Repl. Vol., as amended,
is amended to read:
2472204. Allowance or denial
of inspection grounds procedure appeal.
(3) (a) The custodian shall deny the right of
inspection of the following records, unless otherwise provided
by law; except that any of the following records, other than letters
of reference concerning employment, licensing, or issuance of
permits, shall be available to the person in interest under this
subsection (3):
(I) Medical, psychological
MENTAL HEALTH, sociological, and scholastic achievement data on
individual persons, other than scholastic achievement data submitted
as part of finalists' records as set forth in subparagraph (XI)
of this paragraph (a) and exclusive of coroners' autopsy reports
and group scholastic achievement data from which individuals cannot
be identified; but either the custodian or the person in interest
may request a professionally qualified person, who shall be furnished
by the said custodian, to be present to interpret the records;
SECTION 6. Effective
date applicability. This act shall take effect
upon passage and shall apply to acts occurring on or after said
date.
SECTION 7. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO