---
kind: "section"
citation: "10 C.F.R. § 712.38"
title: "10"
number: "712.38"
heading: "Maintenance of medical records."
url: "https://uscodex.org/cfr/10/712.38"
---

# §712.38. Maintenance of medical records.

- (a) The medical records of HRP candidates and HRP-certified individuals must be maintained in accordance with the Privacy Act, [5 U.S.C. 552a](/usc/5/552a.md), and DOE implementing regulations in [10 CFR part 1008](/cfr/10/part1008.md); the Department of Labor's regulations on access to individual exposure and medical records, [29 CFR 1910.1020](/cfr/29/1910.1020.md); and applicable DOE directives. DOE contractors also may be subject to section 503 of the Rehabilitation Act, [29 U.S.C. 793](/usc/29/793.md), and its implementing rules, including confidentiality provisions in [41 CFR 60-741.23 (d)](/cfr/41/60-741.23.md?p=d).
- (b) The psychological record of HRP candidates and HRP-certified individuals is a component of the medical record. The psychological record must:
  - (1) Contain any clinical reports, test protocols and data, notes of individual contacts and correspondence, and other information pertaining to an individual's contact with a psychologist;
  - (2) Be stored in a secure location in the custody of the Designated Psychologist; and
  - (3) Be kept separate from other medical record documents, with access limited to the SOMD and the Designated Physician.

## Notes

### Authority

Authority: 42 U.S.C. 2165; 42 U.S.C. 2201; 42 U.S.C. 5814-5815; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; E.O. 10450, 3 CFR 1949-1953 Comp., p. 936, as amended; E.O. 10865, 3 CFR 1959-1963 Comp., p. 398, as amended; 3 CFR Chap. IV.

### Source

Source: 69 FR 3223, Jan. 23, 2004, unless otherwise noted.