HB1141: HB1141 Courts; availability of medical records to a parent or legal guardian when a child is taken into medical custody; provide

26 LC 48 1700 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 to1 right to obtain an independent medical evaluation or pediatric specialty consultation, so as2 to provide for the availability of medical records to a parent or legal guardian when a child3 is taken into medical custody; to provide for a penalty; to pro vide for related matters; to4 repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Code Section 15-11-131.1 of the Official Code of Georgia Annota ted, relating to right to8 obtain an independent medical evaluation or pediatric specialty consultation, is amended by9 revising subsection (b) as follows:10 "(b)(1) Any parent or legal guardian of a child who is taken into tem porary protective11 custody pursuant to Code Section 15-11-131 shall have the right to obtain an independent12 medical evaluation or pediatric specialty consultation of such child at his or her own13 expense unless prohibited by court order. Physicians and medic al professionals, law14 enforcement officers, and DFCS shall cooperate as may reasonabl y be necessary to15 H. B. 1141 - 1 - 26 LC 48 1700 facilitate such an independent medical evaluation or pediatric specialty consultation for16 such child.17 (2) Any medical records resulting from the treatment the child received while in18 temporary protective custody pursuant to Code Section 15-11-131 shall be made19 available to the child's parent or legal guardian within five b usiness days of the child's20 intake. Proof of notification of the availability of such records shall be sent to the parent21 or legal guardian by email, postal service, or other delivery s ervice that provides22 confirmation of such proof of notification, and failure to provide availability shall result23 in a fine assessed at $500.00 per day for each day exceeding five business days until such24 records are made available."25 SECTION 2.26 All laws and parts of laws in conflict with this Act are repealed.27 H. B. 1141 - 2 -