[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR6.31]



[Page 50-51]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 6_IMPLEMENTATION OF THE PRIVACY ACT OF 1974--Table of Contents

 

                 Subpart C_Individual Access to Records

 

Sec. 6.31  Special requirements for medical records.



    (a) A system manager who receives a request from an individual for 

access to those official medical records which belong to the U.S. Office 

of Personnel Management and are described in Chapter 339, Federal 

Personnel Manual (medical records about entrance qualifications or 

fitness for duty, or medical records which are otherwise filed in the 

Official Personnel Folder), shall refer the pertinent system of records 

to a Federal Medical Officer for review and determination in accordance 

with this section. If no Federal Medical Officer is available to make 

the determination



[[Page 51]]



required by this section, the system manager shall refer the request and 

the medical reports concerned to the Office of Personnel Management for 

determination.

    (b) If, in the opinion of a Federal Medical Officer, medical records 

requested by the subject individual indicate a condition about which a 

prudent physician would hesitate to inform a person suffering from such 

a condition of its exact nature and probable outcome, the system manager 

shall not release the medical information to the subject individual nor 

to any person other than a physician designated in writing by the 

subject individual, or the guardian or conservator of the individual.

    (c) If, in the opinion of a Federal Medical Officer, the medical 

information does not indicate the presence of any condition which would 

cause a prudent physician to hesitate to inform a person suffering from 

such a condition of its exact nature and probable outcome, the system 

manager shall release it to the subject individual or to any person, 

firm, or organization which the individual authorizes in writing to 

receive it.