C.R.S.A. § 25-1-802

Patient records in custody of individual health care providers

All patient records held by a podiatrist, chiropractor, dentist, physician, doctor of osteopathy, nurse, optometrist, audiologist, acupuncturist, midwife, or physical therapist, must be made available to the patient upon a written and dated written request for inspection, at a reasonable time and with reasonable notice.  A summary of a mental health records may be made available to the patient or the patient’s representative upon written request after treatment has been terminated.  It should be noted that doctor’s office notes are not included in the definition of patient records.

Patient records, including x-rays must be copied upon written request by the patient or the patient’s representative upon reasonable notice and payment of copying fees.  If copies of x-rays, CT scans, mammograms, or MRIs are not sufficient for diagnostic or treatment purposes, the original film may be made available to the patient or other health care practitioner or facility as specified by the patient pursuant to written request and upon payment of reasonable fees.  If the original film is released, the practitioner may not be held liable for loss or damage of the film.  Any original film must be returned to the original provider within 30 days if the provider so requests.

This law does not require the disclosure of patient records of sexually transmitted disease patients or drug abuse minor patients to parents, guardians or other representatives. 

All patient records are considered to be the property of and are held in the custody of the health care provider.

Note: “Reasonable time” to provide a patient access to his or her medical record as defined by the statute has been further defined by the Colorado Board of Medical Examiners as 30 days from the patient’s request (see, http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheadername1=Content-Disposition&blobheadername2=Content-Type&blobheadervalue1=inline%3B+filename%3D%22+2004+Physician+Newsletter.pdf%22&blobheadervalue2=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251832193357&ssbinary=true, p. 5)

Related Law:  6 CCR 1011-1:II-5.2.2.1