Or. Admin. R. 811-015-0006

Current through Register Vol. 63, No. 8, August 1, 2024

Section 811-015-0006 - Disclosure of Records

(1) A chiropractic physician shall make available, within a reasonable time not to exceed 30 days, to a patient or a third party upon the patient's written request, copies or summaries of medical records and originals or copies of the patient's X-rays.

(a) The medical records do not necessarily include the personal office notes of the chiropractic physician or personal communications between a referring and consulting physician relating to the patient.

(b) The chiropractic physician shall preserve a patient's medical records from disclosure and will release them only on a patient's written consent stating to whom the records are being released or as required by state or federal law.

(2) The chiropractic physician or clinic may establish a reasonable charge to the patient for the costs incurred in providing the patient with copies of any portion of the medical records. A patient shall not be denied summaries or copies of their medical records or X-rays because of inability to pay or financial indebtedness to the chiropractic physician or clinic.

(3) Whenever the Board asks a chiropractic physician for a response to a complaint or an investigation:

(a) The chiropractic physician shall make available to the Board all requested patient file information, including but not limited to: chart notes, billing records, X-rays, correspondence, reports, and any and all relevant information.

(b) The requested patient file information shall be made available within 14 days of receipt of the Board's request unless the Board or the Board's representative determines that immediate availability of the requested records is necessary for the Board's investigation. Additional response time may be granted by the Board or its representative upon a reasonable request.

(c) The chiropractic physician must certify that all of the requested records have been provided unless clear and compelling reasons are presented for failure to do so. Any documents not provided within the specified time must be identified along with the reasons. Failure to provide records to the Board within the time period specified by this rule for the purpose of responding to a complaint or an investigation is a violation of OAR 811-035-0015(19).

Or. Admin. R. 811-015-0006

2CE 2-1984, f. 8-14-84, ef. 9-1-84; CE 2-1987, f. 8-14-87, ef. 9-1-87; CE 1-1995, f. & cert. ef. 10-30-95 BCE 1-2001, f. 1-31-01, cert. ef. 2-1-01; BCE 12-2019, amend filed 10/10/2019, effective 10/10/2019

Statutory/Other Authority: ORS 684

Statutes/Other Implemented: ORS 684.155 & 791 (SB 235)