Any patient whose medical records or charts are copied and delivered pursuant to KRS
422.300 to 422.330, any person acting on his behalf, the hospital having custody of such
records, or any physician, nurse or other person responsible for entries on such charts or
records shall have standing to apply to the court or other body before which the action or
proceeding is pending for a protective order denying, restricting or otherwise limiting
access and use of such copies or original charts and records. Such patients, persons,
hospitals, physicians or nurses who are not parties to the action or proceeding and who
wish to apply for a protective order may petition to intervene in the action or proceeding
and simultaneously apply for such a protective order.
Effective: June 17, 1978
History: Created 1978 Ky. Acts ch. 109, sec. 4, effective June 17, 1978.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1988–2022 · leading case:
Yeager v. Dickerson, 391 S.W.3d 388 (Ky. Ct. App. 2013).
Yeager v. Dickerson, 391 S.W.3d 388 (Ky. Ct. App. 2013).
· cites it 2× “305 and KRS 422.315, then any violation of HIPAA also inherently contains an intended right of action because it preempts state law.”
Mason v. Reg'l Med. Ctr., 121 F.R.D. 300 (W.D. Ky. 1988).
“Donor #B0918 has been permitted to intervene in this action as “John Doe” pursuant to KRS 422.315 in order to move for a protective order to keep his identity confidential.”
Woodward, Hobson & Fulton, L.L.P. v. Revenue Cabinet, 69 S.W.3d 476 (Ky. Ct. App. 2002).
“KRS 422.315 is entitled, “Patient may ask to prohibit or limit use of his medical records,” and provides: Any patient whose medical records or charts are copied and delivered pursuant to KRS 422.”
Forbes v. State, 793 N.E.2d 1112 (Ind. Ct. App. 2003).
“We note that this procedure presumably would have afforded Forbes notice that his medical records were being sought, as required by Ky.Rev.Stat. § 422.315. 12 . The State claims, despite its failure to comply with the appropriate statutory procedures, that Forbes medical records…”
Jane Doe v. Ashland Hosp. Corp. (Ky. Ct. App. 2022).
“KRS 422.315 grants that patient and any other person or entity acting on his or her behalf standing to apply for a protective order in a court proceeding where medical records have been “copied and delivered pursuant to KRS 422.”
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