(a) Upon written request from a patient or client, or person authorized to have access to the patient’s record under a health care power of attorney for the patient or client, the health care provider having custody and control of the patient’s or client’s record shall furnish, within a reasonable period of time, a complete and current copy of that record. If the patient or client is deceased, the request may be made by:

(1) A person authorized immediately prior to the decedent’s death to have access to the patient’s or client’s record under a health care power of attorney for the patient;

(2) The executor for the decedent’s estate;

(3) The temporary executor for the decedent’s estate;

(4) The administrator for the decedent’s estate;

(5) The temporary administrator for the decedent’s estate; or

(6) Any survivor of the decedent.

(b)(1) A health care provider may require the patient or client, or person authorized to have access to the patient’s or client’s record, to pay a reasonable fee for copying, as determined by the board through rulemaking.

(2) For the purposes of this subsection, the term “record” includes a copy of a bill that has been requested by an individual but excludes x-rays.

(c) Medical or client records shall be maintained for a minimum period of 3 years from the date of last contact for an adult and a minimum period of 3 years after a minor reaches the age of majority.

(Mar. 25, 1986, D.C. Law 6-99, § 1011; as added July 18, 2009, D.C. Law 18-26, § 2(k), 56 DCR 4043.)

Durable power of attorney for health care, see § 21-2205.

For temporary (90 day) addition, see § 2(k) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).