April 26, 2012, 13:04
amy rhoadessexual assault exams
Our CAC formed approximately 20 years ago. During recent updates regarding our multi-disciplinary team protocols, we learned that our local hospital does not release sexual assault exams to parents or guardians when a request for medical records is made. The exams are of course released in response to valid subpoenas aand made availabl eto our team. The hospital maintains the exam in their medical records department. I was asked under what authority the hospital was refusing to release the exams. After doing some research, I can find no authority to withhold the exam. When asking former team members I was told "that's what we have always done." Does any other CAC team or hospital do this? Under what authority? Our D.A.'s office approves an dpays for the exam and receives reimbursement from the A.G.'s office.
April 26, 2012, 13:37
Mack T. HarrisonI don't know of any authority to withhold. I do think patients or their guardians probably have a right of access to their own medical records (including SANE exams) under the Medical Practice Act, chapter 159 of the Occupations Code.