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CHAPTER 71.
Department of Labor, Licensing and Regulation-Division of Labor
SECTION 903.
Written Access Orders.
71-903. Written Access Orders.
A. Requirement for written access order. Except as provided in paragraph D of this regulation, each request by an SC/OSH or federal OSHA representative to examine or copy personally identifiable employee medical information contained in a record held by an employer or other recordholder shall be made pursuant to a written access order which has been approved by the Commissioner of Labor upon the recommendation of the SC/OSH Medical Records Officer. If deemed appropriate, a written access order may constitute, or be accompanied by, an administrative subpoena.
B. Approval criteria for written access order. Before approving a written access order, the Commissioner of Labor and the SC/OSH  Medical Records Officer shall determine that:
(1) The medical information to be examined or copied is relevant to a statutory purpose and there is a need to gain access to this personally identifiable information, and
(2) the personally identifiable medical information to be examined or copied is limited to only that information needed to accomplish the purpose for access, and
(3) the personnel authorized to review and analyze the personally identifiable medical information are limited to those who have a need for access and have appropriate professional qualifications.
C. Content of written access order. Each written access order shall state with reasonable particularity:
(1) The statutory purpose for which access is sought,
(2) A general description of the kind of employee medical information that will be examined and why there is a need to examine personally identifiable information,
(3) Whether medical information will be examined on-site, and what type of information will be copied and removed off-site,
(4) The name, address, and phone number of the Principal SC/OSH Investigator or federal Principal OSHA Investigator and the names of any other authorized persons who are expected to review and analyze the medical information,
(5) The name, address, and phone number of the SC/OSH Medical Records Officer or the federal OSHA Medical Records Officer, and
(6) The anticipated period of time during which SC/OSH or federal OSHA expects to retain the employee medical information in a personally identifiable form.
D. Special situations. Written access orders need not be obtained to examine or copy personally identifiable employee medical information under the following circumstances:
(1) Specific written consent. If the specific written consent of an employee is obtained pursuant to Subarticle 6, Section 1910.20(e)(2)(ii), and the agency or an agency employee is listed on the authorization as the designated representative to receive the medical information, then a written access order need not be obtained. Whenever personally identifiable employee medical information is obtained through specific written consent and taken off-site, a Principal SC/OSH Investigator shall be promptly named to assure protection of the information, and the SC/OSH Medical Records Officer shall be notified of this person's identify. The personally identifiable medical information obtained shall thereafter be subject to the use and security requirements of R. 71-907 through R. 71-912 of this subarticle.
(2) Physician consultations. A written access order need not be obtained where an SC/OSH or federal OSHA staff or contact physician consults with an employee's physician concerning an occupational safety and health issue. In a situation of this nature, the SC/OSH or federal OSHA physician may conduct on-site evaluation of employee medical records in consultation with the employer's physician, and may make necessary personal notes of his or her findings. No employee medical records, however, shall be taken off-site in the absence of a written access order or the specific written consent of an employee, and no notes of personally identifiable employee medical information made by the SC/OSH or federal OSHA physician shall leave his or her control without the permission of the SC/OSH Medical Records Officer.
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