PART 4--DISCLOSURE OF GOVERNMENT INFORMATION

Subpart B--Privacy Act

Sec. 4.26  Special procedures: Medical records.

    (a) No response to any request for access to medical records from
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) For every request from 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) Seek from the individual the name and address of the
individual's physician and/or psychologist;
    (3) Seek from the individual written consent for the Department to
consult the individual's physician and/or psychologist, if the
Department believes such consultation is advisable;
    (4) Seek written consent from the individual for the Department to
provide the medical records to the individual's physician or
psychologist, if the Department believes access to the record by the
individual is best effected under the guidance of the individual's
physician or psychologist; and,
    (5) Forward the individual's medical record to the Department's
medical officer 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 consultation with or
transmittal of such records to the individual's physician or
psychologist is determined to be warranted, the Department's medical
officer shall so consult or transmit. Whether or not such a
consultation or transmittal occurs, the Department's medical officer
shall provide instruction to the Privacy Officer regarding the
conditions of access by the individual to his or her medical records.
    (c) If an individual refuses in writing to give the names and
consents set forth in paragraphs (c)(2) through (c)(4) of this section,
the Department 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.