Title 37, Chapter 3, Section 167
( 37-3-167)
(a) Except as provided in subsection (b) of Code Section 37-3-162, every patient shall have the right to examine all medical records kept in the patient's name by the department or the facility where the patient was hospitalized or treated. (b) Every patient shall have the right to request that any
inaccurate information found in his medical record be corrected. (c) The board shall promulgate reasonable rules and regulations to
implement subsections (a) and (b) of this Code section. Nothing
contained in this Code section shall be construed to require the
deletion of information by the department nor constrain the
department from destroying patient records after a reasonable
passage of time. (d)(1) Notwithstanding paragraphs (7) and (8) of Code Section 15-9-37 or any provisions of Article 4 of Chapter 18 of Title 50, all files and records of a court in a proceeding under this chapter since September 1, 1978, shall remain sealed and shall be open to inspection only upon order of the court issued after petition by, or notice to, the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medical portions of the record. (2) If any official or employee of any court or archival facility assists a person who is not an official or employee of that court or facility in attempting to gain access to any court record which the official or employee knows concerns examination, evaluation, treatment, or commitment for mental illness, such record was created prior to September 1, 1978, and such record contains no information concerning the patient which is ordinarily public, such as the fact that a guardianship was created, such official or employee shall seal the record if it is in the possession of the court or facility and shall inform the person seeking access that if such a record exists it is open to inspection only upon order of the court issued after petition by, or notice to, the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medical portions of the record. (3) Upon a petition for access to such files or records referred
to in paragraphs (1) and (2) of this subsection, the court should
allow inspection by the person who is the subject of a record
unless there are compelling reasons why it should not but should
require anyone other than the person who is the subject of a court
record to show compelling reasons why the record should be opened.
If access is granted, the court order shall restrict dissemination
of the information to certain persons or for certain purposes or
both. (4) The court may refer to such files and records referred to in
paragraphs (1) and (2) of this subsection in any subsequent
proceeding under this chapter concerning the same patient on
condition that the files and records of such subsequent proceeding
will then be sealed in accordance with this subsection. The court
may permit authorized representatives of recognized organizations
compiling statistics for proper purposes to inspect and make
abstracts from official records, but without personal identifying
information and under whatever conditions upon their use and
distribution the court may deem proper. The court may punish by
contempt any violations of any such conditions. |