§ 16-46-401. Title

This subchapter shall be known and may be cited as the “Patient Medical Records Privacy Act”.

§ 16-46-402. Definitions

As used in this subchapter: (1) (A) “Medical records” means hospital or clinic records, physicians’ records, or other healthcare records and includes an admitting form, discharge summary, history and physical, progress notes, physicians’ orders, reports of operations, recovery room records, lab reports, consultation reports, medication records, nurses’ notes, and other reports catalogued and maintained by […]

§ 16-46-403. Notice required

(a) Any party in litigation that receives or obtains a copy of a patient’s medical records from a doctor, hospital, or other custodian of records by using a subpoena, court order, or consent form signed by the patient shall provide written notice of the receipt of the records to the: (1) Patient; or (2) Patient’s […]

§ 16-46-404. Use of medical records at trial

If notice is not given as required by § 16-46-403, a party in litigation shall be prohibited from introducing the patient’s medical records into evidence or referring to the patient’s medical records in any manner in a legal proceeding relating to the patient.

§ 16-46-405. Scope of subchapter

(a) This subchapter shall apply to private litigants in civil actions only and shall not alter the rights, duties, or responsibilities of any person or entity in any other type of legal proceeding, including, but not limited to, actions under the Workers’ Compensation Law, § 11-9-101 et seq. (b) All provisions of this subchapter shall […]