{"data":{"id":"us-ok/okla.-stat.-tit.-76-76-19","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 76, § 76-19","heading":"Access to medical records - Copies - Waiver of privilege -","body":"Exception for inmates when threat to safety or security of self or\n\ninstitution.\n\nA. 1. Any person who is or has been a patient of a doctor,\n\nhospital or other medical institution shall be entitled, upon\n\nrequest, to obtain access to the information contained in the\n\npatient's medical records including any x-ray or other photograph or\n\nimage, pathology slide or the patient's medical bills. Disclosure\n\nregarding a deceased patient shall require either a court order or a\n\nwritten release of an executor, administrator or personal\n\nrepresentative appointed by the court, or if there is no such\n\nappointment, by the spouse of the patient or, if none, by any\n\nresponsible member of the family of the patient. As used in this\n\nparagraph, \"responsible family member\" shall mean the parent, adult\n\nchild, adult sibling or other adult relative who was actively\n\ninvolved in providing care to or monitoring the care of the patient\n\nas verified by the doctor, hospital or other medical institution\n\nresponsible for the care and treatment of such person.\n\n2. Any person who is or has been a patient of a doctor,\n\nhospital or other medical institution shall be furnished copies of\n\nall medical records including any x-ray, other photograph or image,\n\npathology slide or all medical bills pertaining to that person's\n\ncase upon request and upon the tender of the expenses enumerated in\n\nthis paragraph. The cost of each copy to such person or to the\n\npersonal representative, spouse or responsible family member of such\n\nperson, not including any x-ray or other photograph or image or\n\npathology slide, shall be fifty cents ($0.50) for each page.\n\nRequests for medical records and medical bills from attorneys,\n\ninsurance companies and by way of subpoena shall be charged a base\n\nfee of Twenty Dollars ($20.00) in addition to the per page charges\n\nrequired pursuant to this section, plus postage or delivery fee.\n\nThe base fee shall be charged regardless of whether any records\n\nrelated to the request are located. A fee of Fifteen Dollars\n\n($15.00) shall be charged if a certification or an affidavit by the\n\nprovider regarding the authenticity of the medical records or bills\n\nis requested. The physician, hospital or other medical\n\nprofessionals and institutions, or their business associates as the\n\nterm is defined in Section 160.103 of Title 45 of the United States\n\nCode of Federal Regulations shall produce the records in digital\n\nform at the rate of thirty cents ($0.30) per page if:\n\na. the entire request can be reproduced from an\n\nelectronic health record system,\n\nb. the records are specifically requested to be delivered\n\nin electronic format, and\n\nc. the records can be delivered electronically.\n\nIf a provider or business associate transmits the records\n\nelectronically, no postage shall be charged but a delivery charge\n\nshall apply. In no event shall a charge for the reproduction of\n\nelectronically stored and delivered medical records pursuant to this\n\nparagraph exceed Two Hundred Dollars ($200.00) plus postage or\n\ndelivery fee. The cost of each printed x-ray, other photograph or\n\nimage to such person or to the legal representative of such person\n\nshall be Fifteen Dollars ($15.00). If the x-ray, other photograph\n\nor image is provided on a CD/DVD or other electronic media, the fee\n\nshall be Twenty Dollars ($20.00) per CD/DVD or other electronic\n\nmedia. The physician, hospital, or other medical professionals and\n\ninstitutions, or their business associates as the term is defined in\n\nSection 160.103 of Title 45 of the United States Code of Federal\n\nRegulations, shall not charge a person who requests their own record\n\na fee for searching, retrieving, reviewing, and preparing medical\n\nrecords of the person. No mailing fee shall be charged for copies\n\nprovided by facsimile. All requests for medical records made\n\npursuant to this subsection shall be subject to the fees described\nSection 160.103 of Title 45 of the United States Code of Federal\n\nRegulations, shall not charge a person who requests their own record\n\na fee for searching, retrieving, reviewing, and preparing medical\n\nrecords of the person. No mailing fee shall be charged for copies\n\nprovided by facsimile. All requests for medical records made\n\npursuant to this subsection shall be subject to the fees described\n\nin this section regardless of where the copies or electronic\n\nversions of such records are actually produced.\n\n3. The provisions of paragraphs 1 and 2 of this subsection\n\nshall not apply to psychological, psychiatric, mental health or\n\nsubstance abuse treatment records. In the case of psychological,\n\npsychiatric, mental health or substance abuse treatment records,\n\naccess to information contained in the records shall be obtained\n\npursuant to Section 1-109 of Title 43A of the Oklahoma Statutes.\n\n4. The provisions of paragraphs 1 and 2 of this subsection\n\nshall not apply to requests for medical records made by the\n\nDisability Determination Division of the State Department of\n\nRehabilitation Services. The fee for such requests shall be at a\n\nrate allowed by the Social Security Administration.\n\nB. 1. In cases involving a claim for personal injury or death\n\nagainst any practitioner of the healing arts or a licensed hospital,\n\nor a nursing facility or nursing home licensed pursuant to Section\n\n1-1903 of Title 63 of the Oklahoma Statutes arising out of patient\n\ncare, where any person has placed the physical or mental condition\n\nof that person in issue by the commencement of any action,\n\nproceeding, or suit for damages, or where any person has placed in\n\nissue the physical or mental condition of any other person or\n\ndeceased person by or through whom the person rightfully claims,\n\nthat person shall be deemed to waive any privilege granted by law\n\nconcerning any communication made to a physician or health care\n\nprovider with reference to any physical or mental condition or any\n\nknowledge obtained by the physician or health care provider by\n\npersonal examination of the patient; provided that, before any\n\ncommunication, medical or hospital record, or testimony is admitted\n\nin evidence in any proceeding, it must be material and relevant to\n\nan issue therein, according to existing rules of evidence.\n\nPsychological, psychiatric, mental health and substance abuse\n\ntreatment records and information from psychological, psychiatric,\n\nmental health and substance abuse treatment practitioners may only\n\nbe obtained provided the requirements of Section 1-109 of Title 43A\n\nof the Oklahoma Statutes are met.\n\n2. Any person who obtains any document pursuant to the\n\nprovisions of this section shall provide copies of the document to\n\nany opposing party in the proceeding upon payment of the expense of\n\ncopying the document pursuant to the provisions of this section.\n\nC. This section shall not apply to the records of an inmate in\n\na correctional institution when the correctional institution\n\nbelieves the release of such information to be a threat to the\n\nsafety or security of the inmate or the institution.","path":["OK Code","Title 76"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os76.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e33c5628178b80e3be7f27a101cb53dc8c06a246e1e2380c62417db974bb24b7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-76-76-18","next":"us-ok/okla.-stat.-tit.-76-76-2"},"notice":"GroundRules: Original legal text. Not legal advice."}