Substitute Senate Bill No. 601
          Substitute Senate Bill No. 601

              PUBLIC ACT NO. 98-144


AN ACT CONCERNING  PATIENT ACCESS TO TISSUE SLIDES
IN HEALTH RECORDS.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Subsection  (a) of  section  19a-490b  of  the
general statutes, as amended by public act 97-216,
is repealed and  the  following  is substituted in
lieu thereof:
    (a) Upon the  written  request of a patient [,
his]  OR  THE  PATIENT'S  attorney  or  authorized
representative,   or   pursuant   to   a   written
authorization, an institution licensed pursuant to
this chapter shall  furnish  to  the person making
such  request  a  copy  of  the  patient's  health
record, including but  not  limited  to, copies of
bills, laboratory reports, prescriptions and other
technical  information  used   in   assessing  the
patient's  health  condition.   IN   ADDITION,  AN
INSTITUTION  SHALL  PROVIDE  THE  PATIENT  OR  THE
PATIENT'S DESIGNATED HEALTH  CARE  PROVIDER WITH A
REASONABLE OPPORTUNITY TO  EXAMINE RETAINED TISSUE
SLIDES AND RETAINED  PATHOLOGY TISSUE BLOCKS. UPON
THE WRITTEN REQUEST  OF THE PATIENT, THE PATIENT'S
ATTORNEY OR THE  PATIENT'S  DESIGNATED HEALTH CARE
PROVIDER, AN INSTITUTION  SHALL  SEND THE ORIGINAL
RETAINED TISSUE SLIDE  OR ORIGINAL RETAINED TISSUE
BLOCK  DIRECTLY  TO   THE   PATIENT'S   DESIGNATED
LICENSED INSTITUTION, LABORATORY  OR PHYSICIAN. IF
THE ORIGINAL SLIDE OR BLOCK IS NOT AVAILABLE OR IF
A NEW SECTION  CUT  OF THE ORIGINAL SLIDE OR BLOCK
IS A FAIR  REPRESENTATION OF THE ORIGINAL SLIDE OR
BLOCK,  THEN THE  INSTITUTION  MAY  SEND  THE  NEW
SECTION CUT, WHICH  IS  CLEARLY  LABELED  AS A NEW
SECTION CUT, TO  THE  PATIENT'S  DESIGNATED HEALTH
CARE  PROVIDER.  ANY   PATIENT  OR  THE  PATIENT'S
ATTORNEY  OR  AUTHORIZED   REPRESENTATIVE  WHO  IS
PROVIDED WITH AN  ORIGINAL  RETAINED SLIDE, TISSUE
BLOCK OR A  NEW  SECTION  UNDER  THE PROVISIONS OF
THIS SUBSECTION SHALL  BE  SOLELY  RESPONSIBLE FOR
SAFEGUARDING AND RETURNING THE SLIDE, BLOCK OR NEW
SECTION TO THE  INSTITUTION.  ANY  INSTITUTION  OR
LABORATORY THAT HAS RELEASED AN ORIGINAL SLIDE, AN
ORIGINAL TISSUE BLOCK  OR  NEW SECTION PURSUANT TO
THE PROVISIONS OF  THIS  SUBSECTION  SHALL  NOT BE
SUBJECT TO ANY  LIABILITY ARISING OUT OF RELEASING
OR NOT RETAINING  THE  SLIDE, BLOCK OR NEW SECTION
AND NO CAUSE  OF  ACTION  FOR  DAMAGES SHALL ARISE
AGAINST ANY SUCH  INSTITUTION FOR RELEASING OR NOT
RETAINING THE SLIDE, BLOCK OR NEW SECTION. No such
institution  shall  charge  more  than  sixty-five
cents  per  page,  including  any  research  fees,
clerical fees, handling fees or related costs, and
the cost of  first  class  postage, if applicable,
for furnishing OR  PROVIDING  ACCESS  TO  a health
record pursuant to this subsection, except such an
institution may charge  the  amount  necessary  to
cover its cost  of materials for furnishing a copy
of an x-ray OR FOR FURNISHING AN ORIGINAL RETAINED
SLIDE, AN ORIGINAL  TISSUE  BLOCK OR A NEW SECTION
CUT FROM A  RETAINED  PATHOLOGY  TISSUE BLOCK. FOR
PURPOSES   OF  THIS   SUBSECTION,   "HEALTH   CARE
PROVIDER"  MEANS  AN   INSTITUTION  OR  LABORATORY
LICENSED UNDER THIS  CHAPTER  OR  LICENSED  IN THE
STATE WHERE LOCATED  OR A PHYSICIAN LICENSED UNDER
CHAPTER  370  OR   LICENSED  IN  THE  STATE  WHERE
LOCATED.

Approved June 4, 1998