2-3. RESPONSIBILITIES OF PROTECTORS OF MEDICAL INFORMATION
a. MTF Commander. The MTF Commander, as official custodian of medical
records at his facility, issues local rules to enforce the policies and procedures governing
confidentiality of medical information (see AR 40-66).
b. Chief, Patient Administration Division. The Chief, Patient Administration
Division will act for the commander in matters pertaining to medical records management
and information. The patient administration division will process all requests for medical
records and/or information received by the MTF and will keep the professional staff
informed of the requirements for safeguarding medical records.
c. Local Staff Judge Advocate. The local staff judge advocate provides guidance
and advice on cases of potential litigation or claims and in all controversial or doubtful
d. Local Privacy Act Official/Freedom of Information Act Officer. These officers
provide technical guidance and assistance on processing requests for medical information
or records submitted under the provisions of these laws.
POLICY ON CONFIDENTIALITY
a. General. Department of the Army policy calls for protection of patient
confidentiality as much as possible. Within the Army, medical information is used in
diagnoses, treatment, and prevention of medical and dental conditions. It is also used to
further improve health in a command, for medical research, and for other official purposes.
b. Access. According to Army policy, only personnel involved in patient care or
medical research should have access to the patient's record. However, there are certain
exceptions allowed: when access is required by law, regulation, or judicial proceedings,
when needed for hospital accreditation, or when authorized by the patient.
(1) Although medical information is seen by clerical and administrative
personnel such as secretaries, stenographers, and medical record administrators in
processing records, they have no inherent right of access to the information. Each
employee has a professional and ethical obligation to keep medical information private
(2) Unauthorized disclosure of medical information is grounds for administrative
and/or disciplinary action against the informant.
c. Restricted Disclosure of Information. When information is officially requested for
use other than patient care, only the required information is provided.