Section 404.840

Title XXVI TRADE AND COMMERCE

Chapter 404

Effective - 28 Aug 1991   

  404.840.  Medical records to include durable power of attorney, when — effect. — 1.  A copy of a power of attorney for health care decisions shall be made a part of the patient's medical record when the existence of the power of attorney becomes known to the patient's health care provider and prior to the provider's taking any action pursuant to the decision of the attorney in fact.

  2.  Except to the extent the right is limited by the power of attorney or any federal law, an attorney in fact designated to make health care decisions has the same right as the patient to receive information regarding the proposed health care, to receive and review medical records and to consent to the disclosure of medical records.  However, the right to access to medical records is not a waiver of any evidentiary privilege.

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(L. 1991 S.B. 148)