House Bill 1141
By: Representatives Camp of the 135th, Jenkins of the 136th, Rice of the 139th, and Panitch
of the 51st
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 15-11-131.1 of the Official Code of Georgia Annotated, relating to
right to obtain an independent medical evaluation or pediatric specialty consultation, so as
to provide for the availability of medical records to a parent or legal guardian when a child
is taken into medical custody; to provide for a penalty; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-11-131.1 of the Official Code of Georgia Annotated, relating to right to
obtain an independent medical evaluation or pediatric specialty consultation, is amended by
revising subsection (b) as follows:
"(b)(1) Any parent or legal guardian of a child who is taken into temporary protective
custody pursuant to Code Section 15-11-131 shall have the right to obtain an independent
medical evaluation or pediatric specialty consultation of such child at his or her own
expense unless prohibited by court order. Physicians and medical professionals, law
enforcement officers, and DFCS shall cooperate as may reasonably be necessary to
facilitate <ins>such</ins> an independent medical evaluation or pediatric specialty consultation for
such child.
<ins>(2) Any medical records resulting from the treatment the child received while in
temporary protective custody pursuant to Code Section 15-11-131 shall be made
available to the child's parent or legal guardian within five business days of the child's
intake. Proof of notification of the availability of such records shall be sent to the parent
or legal guardian by email, postal service, or other delivery service that provides
confirmation of such proof of notification, and failure to provide availability shall result
in a fine assessed at $500.00 per day for each day exceeding five business days until such
records are made available."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.