Arizona Medical Records Laws
The privacy and integrity of patients' medical records are protected by both federal and state laws, such as the federal Health Insurance Portability and Accountability Act.
Many of the state health records laws require physicians and other medical workers to report instances of communicable disease in order to protect the general public. Arizona's medical records laws hold all privileged patient medical records as confidential, available to pharmacists when necessary. Here is more valuable information about your medical records.
How Should a Patient Make a Medical Records Request?
Arizona state law requires that a physician must make medical records available when a patient submits a request in writing. Patients often sign a release form, but a written request is the best way to communicate a medical records request to your health care provider.
Can My Doctor Refuse To Honor My Medical Records Request?
Yes, in some limited circumstances. According to Arizona law, a doctor may deny a request if he or she determines that:
- Releasing your records would likely endanger the life or physical safety of a patient or another person.
- If your records make reference to a person other than a healthcare professional and would likely cause substantial harm to that other person, or if the records would likely cause substantial harm to the patient, or if they would reveal information obtained under a promise of confidentiality with someone other than a healthcare professional.
There are other exceptions for clinical research and correctional institutions. It's important to remember that if your health care provider denies your request for medical records, he or she must note this determination in the your medical records and provide you with a written explanation of the reason for denying access.
Learn more about Arizona medical records laws below, with links to additional sources. See FindLaw's Patient Rights section for more information.
|Who Has Access to Records?||Communicable disease related information confidential; release of information by consent or according to §36-664(A)(1)-(12)|
|What Privileges Apply to Medical Records?||Physicians and surgeons in most cases (§12-2235)|
|Mandatory Reporting Requirements||Nonaccidental injuries, malnourishment, physical neglect, sexual abuse, or other deprivation with intent to cause or allow injury or death of minor child must be reported to peace officer or child protective services. Such reports are confidential and may be used only in authorized judicial or administrative proceedings(§13-3620); reports and records about abused or incapacitated adult may only be used in authorized judicial or administrative proceedings (§46-454).|
|Patient Consent and Waiver||-|
|Provisions Related to HIV/AIDS||Any release of information must specifically authorize HIV-related information. Person with confidential HIV-related information may not be compelled to disclose information by subpoena, search warrant, or other judicial process, but may report if there is an identifiable third party at risk; no prohibition from listing in death certificate (§36-664)|
Research the Law:
Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Related Resources for Medical Records Laws:
Getting Legal Advice
State laws surrounding the issues of privacy and patients' rights are constantly changing. You may wish to contact an Arizona health care attorney or conduct your own legal research to verify the state law(s) you are researching. Most attorneys offer free consultations.
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