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Georgia Medical Records Laws

A patient's medical records are protected by a combination of state and federal laws. While such information is confidential under most circumstances, medical profesionals are required to report suspected child abuse to the proper authorities in virtually every state. Georgia medical records laws require a patient's consent and confidentiality waiver in order for any medical records to be released, except by subpoena or other court order.

The basic provisions of Georgia medical record laws are listed in the following chart. See FindLaw's Patient Rights section for additional articles and resources.

Who Has Access to Records? Disclosure of medical records pursuant to laws requiring disclosure or to limited consent to disclosure does not destroy confidential or privileged nature (§24-9-42)
What Privileges Apply to Medical Records? Psychiatrist (§24-9-21); physician (§24-9-40); pharmacist (§24-9-40)
Mandatory Reporting Requirements Venereal disease and suspected child abuse (§§19-7-5; 31-17-2)
Patient Consent and Waiver Patient must make written authorization or waiver (or parents/guardian in case of minor) except by subpoena or appropriate court order (§24-9-40)
Insurance Companies -
Provisions Related to HIV/AIDS All AIDS information confidential (20-9-40.1); may be disclosed to that person or in case of minor to parents or guardian and with notice, to reasonably believed spouse/partner (§24-9-47)

Note: State laws are constantly changing -- contact a Georgia health care attorney or conduct your own legal research to verify the state law(s) you are researching.

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