HB965: HB965 Health; copies of certain patient records to parents or legal guardians of unemancipated minors; provide

Under current Georgia law governing health records (O.C.G.A. § 31-33-2), it is not always clear whether a parent must be given full access to a minor child's medical records, especially when providers use online patient portals. This bill amends that law to spell out parental access rights. Providers who hold the records of an unemancipated minor (a minor who is still legally under a parent or guardian's authority) would have to give the parent or guardian a complete, current copy of the records upon written request. If the provider uses a patient portal, an internet-based system for sharing records, the provider must ensure the parent or guardian can view the minor's records there, and cannot require the minor's authorization first for care the parent already consented to. Providers could refuse only if federal or state privacy law requires it, a court order removed the parent's access rights, or the parent's parental rights have been terminated.

• Requires providers to furnish a complete, current copy of an unemancipated minor's health records to a parent or legal guardian who requests them in writing.
• Requires providers that use online patient portals to give parents or legal guardians access to the minor's records within that portal.
• Bars providers from requiring a minor's authorization before a parent can view portal records for care the parent already consented to.
• Limits when a provider may refuse to share records: only if federal or state privacy law requires refusal, a court order removed the parent's access rights, or the parent's rights have been terminated.
• Adds a definition of 'patient portal' as a secure, internet-accessible application or similar technology used to maintain patient records.

The bill affects parents and legal guardians of unemancipated minors, minors themselves whose medical records are involved, and health care providers and clinics that maintain patient records or operate online patient portals in Georgia.

Parents seeking their minor child's medical information, including through online portals, would gain a clearer legal right to that access, while providers would face a specific state mandate on when they must or must not share records, affecting privacy and record-keeping practices statewide.

• Section 1 amends O.C.G.A. § 31-33-2 by adding subsection (f), requiring providers to give parents or legal guardians a complete, current copy of an unemancipated minor's records upon written request.
• Subsection (f)(2) defines 'patient portal' and requires providers using one to give parents or legal guardians portal access to the minor's health records.
• Subsection (f)(2) also prohibits providers from requiring the minor's authorization before a parent already consenting to care can access related portal records.
• Subsection (f)(3) lists three exceptions allowing a provider to refuse: conflicting federal or state privacy law, a court order removing access, or termination of parental rights.
• Section 2 repeals all conflicting laws.

1. 2026-01-16House Second Readers (House)
2. 2026-01-15House First Readers (House)
3. 2026-01-14House Hopper (House)

• Noelle Kahaian (R, HD-081)Primary sponsor
• Charlice Byrd (R, HD-020)
• Houston Gaines (R, HD-120)
• Bill Fincher (R, HD-023)
• Brent Cox (R, HD-028)
• Dale Washburn (R, HD-144)

• parental rights
• patient privacy
• medical records
• minors' health care
• patient portals