N.J. Admin. Code § 10A:22-2.7

Current through Register Vol. 56, No. 8, April 15, 2024

Section 10A:22-2.7 - Availability of medical records to inmates

(a) In accordance with 13:35-6.5, an inmate may obtain a copy of his or her medical records by submitting a written request, on Form MR-022, to the Medical Department.

(b) The responsible health authority or designee shall provide a copy of the medical records to the inmate within 30-calendar days.

(c) The MR--022 form shall be maintained in the appropriate inmate medical file.

(d) Copies of mental health records related to routine mental health care, treatment and counseling shall be provided to inmates. However, copies of mental health records generated by professional mental health staff, such as evaluative or administrative assessment reports, or reports that, if disclosed, would compromise the safety of the inmate or others, or the security or orderly operation of the correctional facility, shall not be provided to inmates without court order or consent protective agreement.

(e) Information may be withheld if, in the opinion of the responsible health authority or Administrator, release of the information would:

1. Be harmful to the inmate;

2. Jeopardize the safety or well-being of other individuals;

3. Compromise the privacy rights of other individuals; and/or

4. Have a substantial adverse impact on the orderly operation of the correctional facility.

(f) Photocopies of the medical record shall be provided in accordance with this section to nonindigent inmates at the rate of $.10 per page and at no charge to the indigent inmate as defined in 10A:1-2.2.

N.J. Admin. Code § 10A:22-2.7

Amended by R.2004 d.317, effective 8/16/2004.
See: 36 N.J.R. 1869(a), 36 N.J.R. 3880(b).
In (a), inserted an N.J.A.C. reference and substituted "Medical Department" for "Administrator or designee"; deleted former (b) and recodified former (c) as (b), inserting "calendar" following "30"; inserted a new (c).
Amended by R.2008 d.48, effective 4/7/2008.
See: 39 N.J.R. 2583(c), 40 N.J.R. 1869(a).
Section was "Availability of medical record summaries to inmates". In (a) and (b), substituted "records" for "record summaries"; in (a), substituted "his or her" for "a computer generated"; in (b), deleted "computer generated" preceding "medical" and substituted "30-calendar" for "30 calendar"; deleted former (d) and (e); recodified former (f) through (h) as (d) through (f); rewrote (d); and in (f), deleted "summaries" following "record".
Petition for Rulemaking.
See: 40 N.J.R. 4840(a).