40.  ACCESS TO MEDICAL RECORDS BY INDIVIDUALS WHO COULD BE ADVERSELY AFFECTED

An individual must be given access to his or her medical and psychological records unless a judgment is made that access to such records could have an adverse effect on the mental or physical health of the individual. That determination normally should be made in consultation with a medical doctor. When it is determined that disclosure of medical information could have an adverse effect upon the individual to whom it pertains, the information should be transmitted to a physician named by the individual and not directly to the individual. However, the physician should not be required to request the record on behalf of the individual. Information which may be harmful to the record subject should not be released to a designated individual unless the designee is qualified to make psychiatric or medical determinations. If the record subject refuses to provide a qualified designee, the request for the medical records should not be honored.