Persons United Limiting Substandards and Errors in Health Care

Patient records in custody of health care facility: 25-1-801.

(1) (a) Every patient record in the custody of a health facility licensed or certified pursuant to section 25-1-107 (1) or article 3 of this title, or both, or any entity regulated under title 10, C.R.S., providing health care services, as defined in section 10-16-102 (22), C.R.S., directly or indirectly through a managed care plan, as defined in section 10-16-102 (26.5), C.R.S., or otherwise shall be available for inspection to the patient or the patient's designated representative through the attending health care provider or such provider's designated representative at reasonable times and upon reasonable notice, except records pertaining to mental health problems or notes by a physician that, in the opinion of a licensed physician who practices psychiatry and is an independent third party, would have significant negative psychological impact upon the patient. Such independent third-party physician shall consult with the attending physician prior to making a determination with regard to
the availability for inspection of any patient record and shall report in writing findings to the attending physician and to the custodian of said record. A summary of records
pertaining to a patient's mental health problems may, upon written request and signed and dated authorization, be made available to the patient or the patient's designated representative following termination of the treatment program. (b) (I) Following any treatment, procedure, or health care service rendered by a health facility licensed or certified pursuant to section 25-1-107 (1) or article 3 of this title, or both, or by an entity regulated under title 10, C.R.S., providing health care services, as defined in section 10-16-102 (22), C.R.S., directly or indirectly through a managed care plan, as defined in section 10-16-102 (26.5), C.R.S., or otherwise, copies of said records, including X rays, shall be furnished to the patient upon submission of a written authorization-request for records, dated and signed by the patient, and upon the payment of the reasonable costs. (II) In the event that a licensed health care professional determines that a copy of any X ray, mammogram, CT SCAN, MRI, or other film is not sufficient for diagnostic or other treatment purposes, the health facility or entity shall make the original of any such film available to the patient or another health care professional or facility as specifically directed by the patient pursuant to a written authorization-request for films and upon the payment of the reasonable costs for such film. If a health facility releases an original film pursuant to this subparagraph (II), it shall not be responsible for any loss, damage, or other consequences as a result of such release. Any original X ray, mammogram, CT SCAN, MRI, or other film made available pursuant to this subparagraph (II) shall be returned upon request to the lending facility within thirty days. (c) The hospital or related facility or institution shall post in conspicuous public places on the premises a statement of the requirements set forth in paragraphs (a) and (b) of this subsection (1) and shall make available a copy of said statement to each patient upon admission. (d) Nothing in this section shall be construed to require a person responsible for the diagnosis or treatment of venereal diseases or addiction to or use of drugs in the case of minors pursuant to sections 25-4-402 (4) and 13-22-102, C.R.S., to release patient records of such diagnosis or treatment to a parent, guardian, or person other than the minor or his designated representative.
(2) All requests by patients for inspection of their medical records made under this section shall be noted with the time and date of the patient's request, and the time and date of inspection noted by the attending health care provider or his designated representative. The patient shall acknowledge the fact of his inspection by dating and signing his record file.

(3) Nothing in this section shall apply to any nursing institution conducted by or for the adherents of any well-recognized church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend exclusively upon spiritual means through prayer for healing and the practice of the religion of such church or denomination. Patient records in custody of individual health care providers. 25-1-802. (1) (a) Every patient record in the custody of a podiatrist, chiropractor, dentist, doctor of medicine, doctor of osteopathy, nurse, optometrist, audiologist, acupuncturist, direct-entry midwife, or physical therapist required to be licensed under title 12, C.R.S., or a person practicing psychotherapy under the provisions of article 43 of title 12, C.R.S., except records pertaining to mental health problems, shall be available to the patient upon submission of a written authorization-request for inspection of records, dated and signed by the patient, at reasonable times and upon reasonable notice. A summary of records pertaining to a patient's mental health problems may, upon written request and signed and dated authorization, be made available to the patient or the patient's designated representative following termination of the treatment program. (b) (I) A copy of such records, including X rays, shall be made available to the patient or the patient's designated representative, upon written authorization-request for a copy of such records, dated and signed by the patient, upon reasonable notice and payment of the reasonable costs. (II) In the event that a licensed health care professional determinesthat a copy of any X ray, mammogram, CT SCAN, MRI, or other film is not sufficient for diagnostic or other treatment purposes, the podiatrist, chiropractor, dentist, doctor of medicine, doctor of osteopathy, nurse, optometrist, audiologist, acupuncturist, direct-entry midwife, or physical therapist required to be licensed under title 12, C.R.S., or, subject to the provisions of section 25-1-801 (1) (a) and paragraph (a) of this subsection (1), the person practicing psychotherapy under the provisions of article 43 of title 12, C.R.S., shall make the original of any such film available to the patient or another health care professional or facility as specifically directed by the patient pursuant to a written authorization-request for films and upon the payment of the reasonable costs for such film. If a practitioner releases an original film pursuant to this subparagraph (II), the practitioner shall not be responsible for any loss, damage, or other consequences as a result of such release. Any original X ray, mammogram, CT SCAN, MRI, or other film made available pursuant to this subparagraph (II) shall be returned upon request to the lending practitioner within thirty days.

(4) Nothing in this section shall be construed to require a person responsible for the diagnosis or treatment of venereal diseases or addiction to or use of drugs in the case of minors pursuant to sections 25-4-402 (4) and 13-22-102, C.R.S., to release patient records of such diagnosis or treatment to a parent, guardian, or person other than the minor or his designated representative.

(5) For purposes of this section, "patient record" does not include a doctor's office notes.

(6) All requests by patients for inspection of their medical records made under this section shall be noted with the time and date of the patient's request and the time
and date of inspection noted by the health care provider or his designated representative. The patient shall acknowledge the fact of his inspection by dating and signing his record file. Effect of this part 8 on similar rights of a patient 25-1-803. (1) Nothing in this part 8 shall be construed so as to: (a) Limit the right of a patient or the patient's designated representative to inspect the patient's medical or mental health data pursuant to section 24-72-204 (3) (a) (I), C.R.S.; or (b) Limit a right to inspect the patient's records which is otherwise granted by state statute to the patient or his designated representative.
Patient records in custody of individual health care providers: 25-1-802.

(1) (a) Every patient record in the custody of a podiatrist, chiropractor, dentist, doctor of medicine, doctor of osteopathy, nurse, optometrist, audiologist, acupuncturist, direct-entry midwife, or physical therapist required to be licensed under title 12, C.R.S., or a person practicing psychotherapy under the provisions of article 43 of title 12, C.R.S., except records pertaining to mental health problems, shall be available to the patient upon submission of a written authorization-request for inspection of records, dated and signed by the patient, at reasonable times and upon reasonable notice. A summary of records pertaining to a patient's mental health problems may, upon written request and signed and dated
authorization, be made available to the patient or the patient's designated representative following termination of the treatment program. (b) (I) A copy of such records, including X rays, shall be made available to the patient or the patient's designated representative, upon written authorization-request for a copy of such records, dated and signed by the patient, upon reasonable notice and payment of the reasonable costs. (II) In the event that a licensed health care professional determinesthat a copy of any X ray, mammogram, CT SCAN, MRI, or other film is
not sufficient for diagnostic or other treatment purposes, the podiatrist, chiropractor, dentist, doctor of medicine, doctor of osteopathy, nurse, optometrist, audiologist, acupuncturist, direct-entry midwife, or physical therapist required to be licensed under title 12, C.R.S., or, subject to the provisions of section 25-1-801 (1) (a) and paragraph (a) of this subsection (1), the person practicing psychotherapy under the provisions of article 43 of title 12, C.R.S., shall make the original of any such film available to the patient or another health care professional or facility as specifically directed by the patient pursuant to a written authorization-request for films and upon the payment of the reasonable costs for such film. If a practitioner releases an original film pursuant to this subparagraph (II), the practitioner shall not be responsible for any loss, damage, or other consequences as a result of such release. Any original X ray, mammogram, CT SCAN, MRI, or other film made available pursuant to this subparagraph (II) shall be returned upon request to the lending practitioner within thirty days.

(2) Nothing in this section shall be construed to require a person responsible for the diagnosis or treatment of venereal diseases or addiction to or use of drugs in the case of minors pursuant to sections 25-4-402 (4) and 13-22-102, C.R.S., to release patient records of such diagnosis or treatment to a parent, guardian, or person other than the minor or his designated representative.

(3) For purposes of this section, "patient record" does not include a doctor's office notes.

(4) All requests by patients for inspection of their medical records made under this section shall be noted with the time and date of the patient's request and the time
and date of inspection noted by the health care provider or his designated representative. The patient shall acknowledge the fact of his inspection by dating and signing his record file. Effect of this part 8 on similar rights of a patient 25-1-803.

(5) Nothing in this part 8 shall be construed so as to: (a) Limit the right of a patient or the patient's designated representative to inspect the patient's medical or mental health data pursuant to section 24-72-204 (3) (a) (I), C.R.S.; or (b) Limit a right to inspect the patient's records which is otherwise granted by state statute to the patient or his designated representative.
Patient records in custody of individual health care providers: 25-1-802.

(1) (a) Every patient record in the custody of a podiatrist, chiropractor, dentist, doctor of medicine, doctor of osteopathy, nurse, optometrist, audiologist, acupuncturist, direct-entry midwife, or physical therapist required to be licensed under title 12, C.R.S., or a person practicing psychotherapy under the provisions of article 43 of title 12, C.R.S., except records pertaining to mental health problems, shall be available to the patient upon submission of a written authorization-request for inspection of records, dated and signed by the patient, at reasonable times and upon reasonable notice. A summary of records pertaining to a patient's mental health problems may, upon written request and signed and dated
authorization, be made available to the patient or the patient's designated representative following termination of the treatment program. (b) (I) A copy of such records, including X rays, shall be made available to the patient or the patient's designated representative, upon written authorization-request for a copy of such records, dated and signed by the patient, upon reasonable notice and payment of the reasonable costs. (II) In the event that a licensed health care professional determinesthat a copy of any X ray, mammogram, CT SCAN, MRI, or other film is
not sufficient for diagnostic or other treatment purposes, the podiatrist, chiropractor, dentist, doctor of medicine, doctor of osteopathy, nurse, optometrist, audiologist, acupuncturist, direct-entry midwife, or physical therapist required to be licensed under title 12, C.R.S., or, subject to the provisions of section 25-1-801 (1) (a) and paragraph (a) of this subsection (1), the person practicing psychotherapy under the provisions of article 43 of title 12, C.R.S., shall make the original of any such film available to the patient or another health care professional or facility as specifically directed by the patient pursuant to a written authorization-request for films and upon the payment of the reasonable costs for such film. If a practitioner releases an original film pursuant to this subparagraph (II), the practitioner shall not be responsible for any loss, damage, or other consequences as a result of such release. Any original X ray, mammogram, CT SCAN, MRI, or other film made available pursuant to this subparagraph (II) shall be returned upon request to the lending practitioner within thirty days.

(2) Nothing in this section shall be construed to require a person responsible for the diagnosis or treatment of venereal diseases or addiction to or use of drugs in the case of minors pursuant to sections 25-4-402 (4) and 13-22-102, C.R.S., to release patient records of such diagnosis or treatment to a parent, guardian, or person other than the minor or his designated representative.

(3) For purposes of this section, "patient record" does not include a doctor's office notes.

(4) All requests by patients for inspection of their medical records made under this section shall be noted with the time and date of the patient's request and the time
and date of inspection noted by the health care provider or his designated representative. The patient shall acknowledge the fact of his inspection by dating and signing his record file. Effect of this part 8 on similar rights of a patient 25-1-803.

(5) Nothing in this part 8 shall be construed so as to: (a) Limit the right of a patient or the patient's designated representative to inspect the patient's medical or mental health data pursuant to section 24-72-204 (3) (a) (I), C.R.S.; or (b) Limit a right to inspect the patient's records which is otherwise granted by state statute to the patient or his designated representative.

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