What is the right to access medical records?
The right to access medical records is a fundamental right in California as it relates to Mental Health Law. This right is granted to all individuals to have access to their own medical records. In California, this right includes the right to inspect, copy, and receive a copy of those records. Under California Mental Health Law, individuals have the right to inspect and copy their own medical records, which include psychological examinations, evaluation reports, diagnostic tests, and treatment plans. This right also includes the ability to review general medical records, such as laboratory reports and hospital records, which the individual may not have been provided with or been involved in the creation of. The right to access medical records also allows for the transfer of those records. Individuals can request their medical records from one provider and request those records be transferred to another provider, giving the new provider access to the individual’s complete medical history. The right of access to medical records is put in place to protect an individual’s privacy, and it is important to keep in mind that this right is not an absolute right and may be limited by certain conduct or behavior that is deemed harmful, illegal, or unethical. Additionally, there may be some limitations to an individual’s right of access, such as when the release of certain records is deemed to be a risk to the individual or public health and safety.
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