37 CFR 102.26: Special procedures: Medical records
Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018
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102.26 Special procedures: Medical records.
- (a) No response to any request for access to medical records by an individual will be issued by the Privacy Officer for a period of seven working days (i.e., excluding Saturdays, Sundays, and legal public holidays) from the date of receipt.
- (b) USPTO has published as a routine use, for all systems of records containing medical records, consultations with an individual’s physician or psychologist if, in the sole judgment of USPTO, disclosure could have an adverse effect upon the individual. The mandatory waiting period set forth in paragraph (a) of this section will permit exercise of this routine use in appropriate cases. USPTO will pay no cost of any such consultation.
- (c) In every case of a request by an individual for access to medical records, the Privacy Officer shall:
- (1) Inform the individual of the waiting period prescribed in paragraph (a) of this section;
- (2) Obtain the name and address of the individual’s physician and/or psychologist, if the individual consents to give them;
- (3) Obtain specific, written consent for USPTO to consult the individual’s physician and/or psychologist in the event that USPTO believes such consultation is advisable, if the individual consents to give such authorization;
- (4) Obtain specific, written consent for USPTO to provide the medical records to the individual’s physician or psychologist in the event that USPTO believes access to the record by the individual is best effected under the guidance of the individual’s physician or psychologist, if the individual consents to give such authorization; and
- (5) Forward the individual’s medical record to USPTO’s medical expert for review and a determination on whether consultation with or transmittal of the medical records to the individual’s physician or psychologist is warranted. If the consultation with or transmittal of such records to the individual’s physician or psychologist is determined to be warranted, USPTO’s medical expert shall so consult or transmit. Whether or not such a consultation or transmittal occurs, USPTO’s medical officer shall provide instruction to the Privacy Officer regarding the conditions of access by the individual to his or her medical records.
- (d) If an individual refuses in writing to give the names and consents set forth in paragraphs (c)(2) through (c)(4) of this section and USPTO has determined that disclosure could have an adverse effect upon the individual, USPTO shall give the individual access to said records by means of a copy, provided without cost to the requester, sent registered mail return receipt requested.
[Added, 65 FR 52916, Aug. 31, 2000, effective Oct. 2, 2000]