Current through Register Vol. 63, No. 9, September 1, 2024
(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).
Statutory/Other Authority: ORS 684
Statutes/Other Implemented: ORS
684.155 & 791 (SB
235)
