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CONFIDENTIALITY OF RECORDS |
(THE INFORMATION IN THIS SITE
APPLIES TO GEORGIA ONLY)
Disclaimer: This is only one of the important Georgia Code sections that might apply to your medical malpractice claim. It is supplied here only for general background information and should not be relied upon without reviewing your legal situation with a lawyer and also making sure you are using the annual version of the code that applies to your situation. That may or may not be the version of the code that was in existence on the date of the incident. Other codes and case law may also apply.
24-9-40.thru 24-9-45.
24-9-40. When medical information may be released by
physician, hospital, health care facility, or pharmacist; immunity from
liability; waiver of privilege; psychiatrists and hospitals excepted
(a) No physician licensed under Chapter 34 of Title 43 and no hospital or
health care facility, including those operated by an agency or bureau of the
state or other governmental unit, shall be required to release any medical
information concerning a patient except to the Department of Community
Health, its divisions, agents, or successors when required in the
administration of public health programs pursuant to Code Section 31-12-2
and where authorized or required by law, statute, or lawful regulation; or
on written authorization or other waiver by the patient, or by his or her
parents or duly appointed guardian ad litem in the case of a minor, or on
appropriate court order or subpoena; provided, however, that any physician,
hospital, or health care facility releasing information under written
authorization or other waiver by the patient, or by his or her parents or
guardian ad litem in the case of a minor, or pursuant to law, statute, or
lawful regulation, or under court order or subpoena shall not be liable to
the patient or any other person; provided, further, that the privilege shall
be waived to the extent that the patient places his care and treatment or
the nature and extent of his injuries at issue in any civil or criminal
proceeding. This Code section shall not apply to psychiatrists or to
hospitals in which the patient is being or has been treated solely for
mental illness.
(b) No pharmacist licensed under Chapter 4 of Title 26 shall be required to
release any medical information concerning a patient except on written
authorization or other waiver by the patient, or by his or her parents or
duly appointed guardian ad litem in the case of a minor, or upon appropriate
court order or subpoena; provided, however, that any pharmacist releasing
information under written authorization or other waiver by the patient, or
by his or her parents or duly appointed guardian ad litem in the case of a
minor, or upon appropriate court order or subpoena shall not be liable to
the patient or any other person; provided, further, that the privilege shall
be waived to the extent that the patient places his or her care and
treatment or the nature and extent of his or her injuries at issue in any
administrative, civil, or criminal proceeding.
HISTORY: Code 1933, § 38-418;
Ga. L. 1978, p. 1657, § 1; Ga. L. 1982, p. 1077, §§ 1, 3; Ga. L. 1986, p.
1277, § 3; Ga. L. 1993, p. 1050, § 1; Ga. L. 2009, p. 453, § 1-4/HB 228. 24-9-40.1.
24-9-40.1. Confidential nature of AIDS information
AIDS confidential information as defined in Code Section 31-22-9.1
and disclosed or discovered within the patient-physician relationship
shall be confidential and shall not be disclosed except as otherwise
provided in Code Section 24-9-47.
HISTORY: Code 1981, §
24-9-40.1, enacted by Ga. L. 1988, p. 1799, § 6.
24-9-40.2. Confidentiality of raw research data
(a) The General Assembly finds and declares that protecting the
confidentiality of research data from disclosure in administrative
proceedings, civil and criminal judicial proceedings, and quasi-judicial
proceedings is essential to safeguarding the integrity of research in
this state, guaranteeing the privacy of individuals who participate in
research projects, and ensuring the continuation of research in science,
medicine, and other fields that benefits the citizens and institutions
of Georgia and other states. The protection of such research data has
more than local significance, is of equal importance to all citizens of
the state, is of state-wide concern, and consequently is properly a
matter for regulation under the police power of the state.
(b) As used in this Code section, the term "confidential raw research
data" means medical information, interview responses, reports,
statements, memoranda, or other data relating to the condition,
treatment, or characteristics of any person which is gathered by or
provided to a researcher:
(1) In support of a research study approved by an appropriate
research oversight committee of a hospital, health care facility, or
educational institution; and
(2) With the objective to develop, study, or report aggregate or
anonymous information not intended to be used in any way in which the
identity of an individual is material to the results. The term does
not include published compilations of the raw research data created by
the researcher or the researcher's published summaries, findings,
analyses, or conclusions related to the research study.
(c) Confidential raw research data in a researcher's possession shall
not be subject to subpoena, otherwise discoverable, or deemed admissible
as evidence in any administrative, civil, criminal, or other judicial
proceeding in any court except as otherwise provided in subsection (d)
of this Code section.
(d) Confidential raw research data may be released, disclosed, subject
to subpoena, otherwise discoverable, or deemed admissible as evidence in
a judicial or quasi-judicial proceeding as follows:
(1) Confidential raw research data related to a person may be
disclosed to that person or to another person on such person's behalf
where the authority is otherwise specifically provided by law;
(2) Confidential raw research data related to a person may be
disclosed to any person or legal entity designated to receive that
information when that designation is made in writing by the research
participant or where a designation is made in writing by a person
authorized by law to act for the participant;
(3) Confidential raw research data related to a person may be
disclosed to any agency or department of the federal government, this
state, or any political subdivision of this state if those data are
required by law or regulation to be reported to that agency or
department;
(4) Confidential raw research data may be disclosed in any proceeding
in which a party was a participant, researcher, or sponsor in the
underlying research study, including but not limited to any judicial or
quasi-judicial proceeding in which a research participant places his or
her care, treatment, injuries, insurance coverage, or benefit plan
coverage at issue; provided, however, that the identity of any research
participant other than the party to the judicial or quasi-judicial
proceeding shall not be disclosed, unless the researcher or sponsor is a
defendant in the case;
(5) Confidential raw research data may be disclosed in any proceeding
in which the researcher has either volunteered to testify or has been
hired to testify as an expert by one of the parties to the proceeding;
and
(6) In a criminal proceeding, the court shall order the production of
confidential raw research data if the data are relevant to any issue in
the proceeding, impose appropriate safeguards against unauthorized
disclosure of the data, and admit confidential raw research data into
evidence if the data are material to the defense or prosecution.
(e) Nothing in this Code section shall be construed to permit, require,
or prohibit the disclosure of confidential raw research data in any
setting other than an administrative, judicial, or quasi-judicial
proceeding that is governed by the requirements of this title.
(f) Any disclosure of confidential raw research data authorized or
required by this Code section or any other law shall in no way destroy
the confidential nature of that data except for the purpose for which
the authorized or required disclosure is made.
HISTORY: Code 1981, §
24-9-40.2, enacted by Ga. L. 1999, p. 516, § 1; Ga. L. 2000, p. 1372, §
1.
24-9-41. Disclosure of medical records -- Terms
defined
As used in this Code section and Code Sections 24-9-42 through 24-9-45,
the term:
(1) "Confidential or privileged" means the protection afforded by law
from unauthorized disclosure, whether the protection is afforded by law as
developed and applied by the courts, by statute or lawful regulations, or by
the requirements of the Constitutions of the State of Georgia or the United
States. The term "confidential or privileged" also includes protection
afforded by law from compulsory process or testimony.
(2) "Disclosure" means the act of transmitting or communicating medical
matter to a person who would not otherwise have access thereto.
(3) "Health care facility" means any institution or place in which health
care is rendered to persons, which health care includes but is not limited
to medical, psychiatric, acute, intermediate, rehabilitative, and long-term
care.
(4) "Laws requiring disclosure" means laws and statutes of the State of
Georgia and of the United States and lawful regulations issued by any
department or agency of the State of Georgia or of the United States which
require the review, analysis, or use of medical matter by persons not
originally having authorized access thereto. The term "laws requiring
disclosure" also includes any authorized practice of disclosure for purposes
of evaluating claims for reimbursement for charges or expenses under any
public or private reimbursement or insurance program.
(5) "Limited consent to disclosure" means proper authorization given by
or on behalf of a person entitled to protection from disclosure of medical
matter and given for a specific purpose related to such person's health or
related to such person's application for insurance or like benefits.
(6) "Medical matter" means information respecting the medical or
psychiatric condition, including without limitation the physical and the
mental condition, of a natural person or persons, however recorded,
obtained, or communicated.
(6.1) "Nurse" means a person authorized by license issued under Chapter
26 of Title 43 as a registered professional nurse or licensed practical
nurse to practice nursing.
(7) "Physician" means any person lawfully licensed in this state to
practice medicine and surgery pursuant to Chapter 34 of Title 43.
HISTORY: Ga. L. 1974, p. 595,
§ 1; Ga. L. 1995, p. 10, § 24; Ga. L. 2004, p. 466, § 5. 24-9-42.
24-9-42. Disclosure of medical
records -- Effect on confidential or privileged character thereof
The disclosure of confidential or privileged medical matter constituting
all or part of a record kept by a health care facility, a nurse, or a
physician, pursuant to laws requiring disclosure or pursuant to limited
consent to disclosure, shall not serve to destroy or in any way abridge the
confidential or privileged character thereof, except for the purpose for
which such disclosure is made.
HISTORY: Ga. L. 1974, p. 595,
§ 2; Ga. L. 1995, p. 10, § 24; Ga. L. 2004, p. 466, § 6. 24-9-44.
24-9-44. Disclosure of medical records -- Immunity from
liability
Any person, corporation, authority, or other legal entity acting in good
faith shall be immune from liability for the transmission, receipt, or use
of medical matter disclosed pursuant to laws requiring disclosure or
pursuant to limited consent to disclosure.
HISTORY: Ga. L. 1974, p. 595,
§ 4.
24-9-45. Disclosure of medical
records -- Use for educational purposes not precluded
Nothing in Code Sections 24-9-41 through 24-9-44 and this Code section
shall be construed to prevent the customary and usual audit, discussion, and
presentation of cases in connection with medical and public education.
HISTORY: Ga. L. 1974, p. 595,
§ 5; Ga. L. 1995, p. 10, § 24.
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This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Malpractice laws vary from state to state and are constantly changing. If you think you may have a malpractice case you should promptly contact a lawyer in your state with experience in handling malpractice cases. |
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