§ 25-1-802 — Patient records in custody of individual health-care providers

(1)
(a) Every patient record in the custody of a podiatrist, chiropractor, dentist, doctor
of medicine, doctor of osteopathy, nurse, certified midwife, optometrist,
occupational therapist, audiologist, acupuncturist, direct-entry midwife, or physical
therapist required to be licensed under title 12; a naturopathic doctor required to be
registered pursuant to article 250 of title 12; or a person practicing psychotherapy
under article 245 of title 12, except records withheld in accordance with 45 CFR
164.524 (a), must be available to the patient or the patient's personal
representative upon submission of a valid authorization 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 mental health problems may, upon
written request accompanied by a signed and dated authorization, be made
available to the patient or the patient's personal representative following
termination of the treatment program.

(b) (I) (A) A copy of the records, including radiographic studies, must be made
available to the patient or the patient's personal representative, upon request and
payment of the fee a covered entity may impose in accordance with the Health
Insurance Portability and Accountability Act of 1996, Pub.L. 104-191, as amended,
or to a third person who requests the medical records upon submission of a HIPAA-compliant authorization, a valid subpoena, or a court order, and payment of
reasonable fees.

(B) The health-care provider must provide the medical records in electronic
format if the person requests electronic format, the original medical records are
stored in electronic format, and the medical records are readily producible in
electronic format.

(II) If a licensed health-care professional determines that a copy of a
radiographic study, including an 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, certified
midwife, optometrist, audiologist, acupuncturist, direct-entry midwife, or physical
therapist required to be licensed under title 12, or, subject to the provisions of
section 25-1-801 (1)(a) and subsection (1)(a) of this section, the person practicing
psychotherapy under article 245 of title 12, shall make the original of any
radiographic study available to the patient, the patient's personal representative, a
person authorized by the patient, or another health-care professional or facility as
specifically directed by the patient, personal representative, authorized person, or
health-care professional or facility pursuant to a HIPAA-compliant authorization
and upon the payment of the reasonable fees for the radiographic study. If a
practitioner releases an original radiographic study pursuant to this subsection
(1)(b)(II), the practitioner is not responsible for any loss, damage, or other
consequences as a result of the release. Any original radiographic study made
available pursuant to this subsection (1)(b)(II) must be returned upon request to the
lending practitioner within thirty days.

(2) Nothing in this section requires a person responsible for the diagnosis or
treatment of sexually transmitted infections, substance use disorders, or the use of
drugs in the case of minors pursuant to sections 13-22-102 and 25-4-409 to release
patient records of such diagnosis or treatment to a parent, guardian, or person
other than the minor or his or her designated representative.

(3) For purposes of this section, patient record does not include a doctor's
office notes.

(4) All requests by a patient or the patient's personal representative for
inspection of his or her medical records made under this section shall be noted with
the time and date of the request and the time and date of inspection noted by the
health-care provider or his or her designated representative. The patient or the
patient's personal representative shall acknowledge the inspection by dating and
signing the record file. A health-care provider shall not charge a fee for the
inspection of medical records.

(5) For the purposes of this section, medical information transmitted during
the delivery of health care via telemedicine, as defined in section 12-240-104 (10), is
part of the patient's medical record maintained by a health-care provider.

Legislative History

Source: L. 76: Entire part added, p. 649, � 1, effective July 1. L. 97: (1) amended, p. 349, � 2, effective April 19; (1)(a) amended, p. 1032, � 69, effective August 6. L. 2001: (5) added, p. 1163, � 11, effective January 1, 2002. L. 2009: (2) amended, (SB 09-179), ch. 112, p. 475, � 21, effective April 9. L. 2014: (1) and (4) amended, (HB 14-1186), ch. 125, p. 446, � 3, effective April 18. L. 2016: (2) amended, (SB 16-146), ch. 230, p. 922, � 22, effective July 1. L. 2018: (2) amended, (SB 18-091), ch. 35, p. 387, � 22, effective August 8. L. 2019: (1)(a), (1)(b)(II), and (5) amended, (HB 19-1172), ch. 136, p. 1695, � 140, effective October 1; (5) amended, (SB 19-241), ch. 390, p. 3471, � 34, effective October 1. L. 2023: (1)(a) and (1)(b)(II) amended, (SB 23-167), ch. 261, p. 1547, � 55, effective May 25. L. 2025: (5) amended, (HB 25-1024), ch. 59, p. 249, � 6, effective August 6.