[Code of Federal Regulations]
[Title 15, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR4.26]

[Page 47]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
PART 4--DISCLOSURE OF GOVERNMENT INFORMATION--Table of Contents
 
                         Subpart B--Privacy Act
 
Sec. 4.26  Special procedures: Medical records.

    (a) No response to any request for access to medical records from an 
individual will be issued by the Privacy Officer for a period of seven 
working days (i.e., excluding Saturdays, Sundays and legal public 
holidays) from the date of receipt.
    (b) For every request from an individual for access to medical 
records, the Privacy Officer shall:
    (1) Inform the individual of the waiting period prescribed in 
paragraph (a) of this section;
    (2) Seek from the individual the name and address of the 
individual's physician and/or psychologist;
    (3) Seek from the individual written consent for the Department to 
consult the individual's physician and/or psychologist, if the 
Department believes such consultation is advisable;
    (4) Seek written consent from the individual for the Department to 
provide the medical records to the individual's physician or 
psychologist, if the Department believes access to the record by the 
individual is best effected under the guidance of the individual's 
physician or psychologist; and,
    (5) Forward the individual's medical record to the Department's 
medical officer for review and a determination on whether consultation 
with or transmittal of the medical records to the individual's physician 
or psychologist is warranted. If consultation with or transmittal of 
such records to the individual's physician or psychologist is determined 
to be warranted, the Department's medical officer shall so consult or 
transmit. Whether or not such a consultation or transmittal occurs, the 
Department's medical officer shall provide instruction to the Privacy 
Officer regarding the conditions of access by the individual to his or 
her medical records.
    (c) If an individual refuses in writing to give the names and 
consents set forth in paragraphs (c)(2) through (c)(4) of this section, 
the Department shall give the individual access to said records by means 
of a copy, provided without cost to the requester, sent registered mail, 
return receipt requested.