[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR5b.6]



[Page 35-36]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 5b_PRIVACY ACT REGULATIONS--Table of Contents

 

Sec.  5b.6  Special procedures for notification of or access to medical 

records.



    (a) General. An individual in general has a right to notification of 

or access to his medical records, including psychological records, as 

well as to other records pertaining to him maintained by the Department. 

This section sets forth special procedures as permitted by the Act for 

notification of or access to medical records, including a special 

procedure for notification of or access to medical records of minors. 

The special procedures set forth in paragraph (b) of this section may 

not be suitable for use by every component of the Department. Therefore, 

components may follow the paragraph (b) procedure for notification of or 

access to medical records, or may issue regulations establishing special 

procedures for such purposes. The special procedure set forth in 

paragraph (c) of this section relating to medical records of minors is 

mandatory.

    (b) Medical records procedures--(1) Notification of or access to 

medical records. (i) Any individual may request notification of or 

access to a medical record pertaining to him. Unless the individual is a 

parent or guardian requesting notification of or access to a minor's 

medical record, an individual shall make a request for a medical record 

in accordance with this section and the procedures in Sec.  5b.5 of this 

part.

    (ii) An individual who requests notification of or access to a 

medical record



[[Page 36]]



shall, at the time the request is made, designate a representative in 

writing. The representative may be a physician, other health 

professional, or other responsible individual, who would be willing to 

review the record and inform the subject individual of its contents at 

the representative's discretion.

    (2) Utilization of the designated representative. A subject 

individual will be granted direct access to a medical record if the 

responsible official determines that direct access is not likely to have 

an adverse effect on the subject individual. If the responsible 

Department official believes that he is not qualified to determine, or 

if he does determine, that direct access to the subject individual is 

likely to have an adverse effect on the subject individual, the record 

will be sent to the designated representative. The subject individual 

will be informed in writing that the record has been sent.

    (c) Medical records of minors--(1) Requests by minors; notification 

of or access to medical records to minors. A minor may request 

notification of or access to a medical record pertaining to him in 

accordance with paragraph (b) of this section.

    (2) Requests on a minor's behalf; notification of or access to 

medical records to an individual on a minor's behalf. (i) In order to 

protect the privacy of a minor, a parent or guardian, authorized to act 

on a minor's behalf as provided in Sec.  5b.10 of this part, who makes a 

request for notification of or access to a minor's medical record will 

not be given direct notification of or access to such record.

    (ii) A parent or guardian shall make all requests for notification 

of or access to a minor's medical record in accordance with this 

paragraph and the procedures in Sec.  5b.5 of this part. A parent or 

guardian shall at the time he makes a request designate a family 

physician or other health professional (other than a family member) to 

whom the record, if any, will be sent.

    (iii) Where a medical record on the minor exists, it will be sent to 

the physician or health professional designated by the parent or 

guardian in all cases. If disclosure of the record would constitute an 

invasion of the minor's privacy, that fact will be brought to the 

attention of the physician or health professional to whom the record is 

sent. The physician or health professional will be asked to consider the 

effect that disclosure of the record to the parent or guardian would 

have on the minor in determining whether the minor's medical record 

should be made available to the parent or guardian. Response to the 

parent or guardian making the request will be made in substantially the 

following form:



We have completed processing your request for notification of or access 

to______________________________________________________________________



----------------------------------------'s



 (Name of minor)



medical records. Please be informed that if any medical record were 

found pertaining to that individual, they have not been sent to your 

designated physician or health professional.





In each case where a minor's medical record is sent to a physician or 

health professional, reasonable efforts will be made to so inform the 

minor.