H.B. 263

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EVIDENCE - ACCESS TO PATIENT RECORDS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Greg J. Curtis
5 AN ACT RELATING TO JUDICIAL CODE; CLARIFYING THAT A PATIENT IS ENTITLED
6 TO OBTAIN THE PATIENT'S MEDICAL RECORDS WITHOUT ATTORNEY
7 ASSISTANCE; AND MAKING TECHNICAL AMENDMENTS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 REPEALS AND REENACTS:
10 78-25-25, as enacted by Chapter 213, Laws of Utah 1971
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 78-25-25 is repealed and reenacted to read:
13 78-25-25. Patients' records -- Authorized requester -- Inspection and copying.
14 (1) As used in this section:
15 (a) "authorized requester" means:
16 (i) the patient; or
17 (ii) an attorney at law who is:
18 (A) duly licensed to practice in the state; and
19 (B) authorized to represent the interest of a patient of any health provider; and
20 (b) "health provider" means any physician, surgeon, dentist, osteopathic physician,
21 registered nurse, psychologist, chiropractor, or licensed hospital that has the custody or control of
22 a patient's records.
23 (2) Any authorized requester shall be entitled to examine or to obtain copies of any of the
24 patient's records from a health provider.
25 (3) The patient's records shall remain in the possession of the health provider; however,
26 the health provider shall make the patient's records available, at the health provider's regular place
27 of business, for inspection and copying by the authorized requester. If the authorized requester is

1 an attorney, the attorney shall submit to the health provider a written authorization signed and
2 acknowledged before a notary public by:
3 (a) the patient;
4 (b) a parent or guardian in the case of a minor; or
5 (c) the personal representative or an heir in the case of a deceased patient.
6 (4) Copying costs may be charged by the health provider to:
7 (a) the patient if the patient makes the request; or
8 (b) the requesting attorney, as part of the costs advanced on behalf of the attorney's client.




Legislative Review Note
as of 1-22-97 1:08 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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