House Bill 965
By: Representatives Kahaian of the 81st, Byrd of the 20th, Gaines of the 120th, Fincher of the
23rd, and Cox of the 28th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to
health records, so as to provide for copies of certain patient records to parents or legal
guardians of unemancipated minors; to provide for parent or legal guardian access to such
records in a patient portal; to provide a definition; to provide for exceptions; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA
SECTION 1.
Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records,
is amended in Code Section 31-33-2, relating to retention of records and furnishing of
records to patients, providers, or other authorized persons, by adding a new subsection to
read as follows:
<ins>"(f)(1) A provider having custody and control of the records of a patient who is an
unemancipated minor shall, upon written request from a parent or legal guardian of such
minor, furnish a complete and current copy of such records, in accordance with the
provisions of this Code section.
</ins>
<ins>(2) As used in this paragraph, the term 'patient portal' means an internet accessible,
secure application, or similar technology. A provider that uses a patient portal to
maintain the records of a patient who is an unemancipated minor shall ensure that a
parent or legal guardian of such minor has access in such portal to such minor's health
records. A provider shall not require a parent or legal guardian of an unemancipated
minor to obtain authorization from such minor before such parent or legal guardian has
access in a patient portal to records relating to care such minor received with the consent
of such parent or legal guardian.
(3) A provider shall not refuse compliance with paragraph (1) or (2) of this subsection
unless:
(A) Governing federal and state privacy laws require such refusal;
(B) A court order has specifically removed the right of such parent or legal guardian
to such information; or
(C) Parental rights of such parent or legal guardian to such minor have been
terminated."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.