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

26 LC 52 0907 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 to1 health records, so as to provide for copies of certain patient records to parents or legal2 guardians of unemancipated minors; to provide for parent or legal guardian access to such3 records in a patient portal; to provide a definition; to provide for exceptions; to provide for4 related matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA6 SECTION 1.7 Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records,8 is amended in Code Section 31-33-2, relating to retention of re cords and furnishing of9 records to patients, providers, or other authorized persons, by adding a new subsection to10 read as follows:11 "(f)(1) A provider having custody and control of the records of a patient who is an12 unemancipated minor shall, upon written request from a parent or legal guardian of such13 minor, furnish a complete and current copy of such records, in accordance with the14 provisions of this Code section.15 H. B. 965 - 1 - 26 LC 52 0907 (2) As used in this paragraph, the term 'patient portal' means an internet accessible,16 secure application, or similar technology. A provider that use s a patient portal to17 maintain the records of a patient who is an unemancipated minor shall ensure that a18 parent or legal guardian of such minor has access in such porta l to such minor's health19 records. A provider shall not require a parent or legal guardi an of an unemancipated20 minor to obtain authorization from such minor before such parent or legal guardian has21 access in a patient portal to records relating to care such minor received with the consent22 of such parent or legal guardian.23 (3) A provider shall not refuse compliance with paragraph (1) or (2) of this subsection24 unless:25 (A) Governing federal and state privacy laws require such refusal;26 (B) A court order has specifically removed the right of such parent or legal guardian27 to such information; or28 (C) Parental rights of such parent or legal guardian to such m inor have been29 terminated."30 SECTION 2.31 All laws and parts of laws in conflict with this Act are repealed.32 H. B. 965 - 2 -