403.137 Disclosure of medical records -- Guidelines -- Limitations.
552 words·~3 min read·
/ky/chapter-403/403-137A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)When a release of medical records, including mental health records of either party
to a divorce or custody proceeding under this chapter, is tendered pursuant to the
Family Court Rules of Practice and Procedure (FCRPP), those records shall be
delivered pursuant to the FCRPP guidelines.
(2)In the event either party objects to signing a release related to production of his or
her medical or mental health records, an individual with a legally recognized
interest in the disclosures sought may request an order authorizing the disclosure of
a party's medical or mental health records. The request shall:
(a)Use initials only to refer to any patient; and
(b)Not contain or otherwise disclose any patient-identifying information unless
the:
1. Patient is the applicant;
2. Patient has given written consent to disclose; or
3. Court has ordered the record of the proceeding sealed from the public.
(3)The patient and the person holding the records from whom disclosure is sought
shall be provided:
(a)Adequate notice in a manner that does not disclose patient-identifying
information to other persons; and
(b)An opportunity to file a written response to the request, or to appear in person,
for the limited purpose of providing evidence on the statutory and regulatory
criteria for the issuance of the court order as described in subsection
(5)of this
section.
(4)Unless the patient requests an open hearing, any oral argument, review of evidence,
or hearing on the request shall be held in the judge's chambers or in some manner
which ensures that patient-identifying information is not disclosed to anyone other
than a party to the proceeding, the patient, or the person holding the record. The
proceeding may include an examination by the judge of the patient records referred
to in the request.
(5)An order under subsection
(2)of this section shall be entered only if the court finds
that:
(a)Other ways of obtaining the information are not available or would not be
effective; and
(b)The public interest and need for the disclosure outweigh the potential injury to
the patient, the physician-patient relationship, and the treatment services.
(6)All medical and mental health records used in proceedings under this chapter shall
be accompanied by an order which shall:
(a)Limit disclosure to those parts of the patient's record which are essential to
fulfill the objective of the order;
(b)Limit disclosure to those persons whose need for information is the basis for
the order; and
(c)Include other measures as are necessary to limit disclosure for the protection
of the patient, the physician-patient relationship, and the treatment services,
such as:
1. Limiting viewing of the records to in camera inspection;
2. Restricting discussion of the content of the medical or mental health
records with anyone who is not a party to the case;
3. Restricting copying, photographing, or otherwise duplicating records;
and
4. Sealing the record.
(7)A violation of an order entered under this section may subject the offender to the
contempt powers of the court.
(8)Nothing in this section shall be construed to restrict treatment providers or other
professionals involved in a court proceeding from collaborating or consulting with
one another or any other individual involved in the proceeding from reporting a
legitimate safety concern or incident of abuse to the appropriate authorities.