Or. Admin. Code § 855-139-0560

Current through Register Vol. 63, No. 12, December 1, 2024

Section 855-139-0560 - Patients Access to Pharmacy Records

(1) Licensees and registrants of the board must make protected health information in the pharmacy record available to the patient or the patient's representative upon their request, to inspect and obtain a copy of protected health information about the individual, except as provided by law and this rule. The patient may request all or part of the record. A summary may substitute for the actual record only if the patient agrees to the substitution. Board licensees and registrants are encouraged to use the written authorization form provided by ORS 192.566.

(2) For the purpose of this rule, "health information in the pharmacy record" means any oral, written or electronic information in any form or medium that is created or received and relates to:

(a) The past, present, or future physical or mental health of the patient.

(b) The provision of healthcare to the patient.

(c) The past, present, or future payment for the provision of healthcare to the patient.

(3) Upon request, the entire health information record in the possession of the board licensee will be provided to the patient. This includes records from other healthcare providers. Information which may be withheld includes:

(a) Information which was obtained from someone other than a healthcare provider under a promise of confidentiality and access to the information would likely reveal the source of the information;

(b) Psychotherapy notes;

(c) Information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding; and

(d) Other reasons specified by federal regulation.

(4) Registrants who have permanently closed must notify patients according to OAR 855-139-0145.

(5) A reasonable cost may be imposed for the costs incurred in complying with the patient's request for health information pursuant to ORS 192.563.

(6) A patient may not be denied summaries or copies of pharmacy records because of inability to pay.

(7) Requests for pharmacy records must be complied with within a reasonable amount of time not to exceed 30 days from the receipt of the request.

Or. Admin. Code § 855-139-0560

BP 32-2022, adopt filed 06/15/2022, effective 6/16/2022; BP 47-2022, minor correction filed 11/17/2022, effective 11/17/2022

Statutory/Other Authority: ORS 689.205

Statutes/Other Implemented: ORS 192.553, ORS 192.556, ORS 192.558, ORS 192.563, ORS 192.566 & ORS 689.155