MEDICAL RECORDS Mental Health If a child with serious emotional disturbance or mental illness is 16 or older, present law provides, with certain exceptions, that the child has the same rights as an adult with respect to treatment, medication decisions, confidential information, and participation in conflict resolution procedures. However, a child's parent, legal guardian, or legal custodian may access prescription records resulting from such treatment provided to an unemancipated minor. This bill adds that such parent, guardian, or custodian may also access all mental health treatment, medical, and rehabilitation records resulting from such treatment. However, present law provides that the above outlined exception is not available if the treating professional is required to report abuse of the unemancipated minor and believes that parental access to the prescription records is reasonably likely to endanger the life or physical safety of the minor. This bill adds that when such circumstances are met, such access to mental health treatment, medical, or rehabilitation records is also prohibited. Health Facilities and Resources Present law provides that hospital records are, and must remain, the property of the various hospitals, subject, however, to a court order to produce the records. However, if an unemancipated minor receives medical treatment, then the minor's parent, legal guardian, legal custodian, or other person with medical decision-making authority for such minor may access, and a healthcare provider or healthcare facility must provide, any prescription records resulting from medical treatment of the minor, even if the treatment was provided to the unemancipated minor without parental consent, including treatment provided for a sexually transmitted disease, contraceptives, drug abuse treatment, emergency medical or surgical treatment, or prenatal and peripartum care for minors. This bill authorizes such access to all medical treatment records in addition to the above-authorized prescription records. "Medical treatment" means any step taken to effect a cure of an injury or disease, and includes (i) examination, (ii) diagnosis, (iii) application of remedies; (iv) and any medical procedure. However, present law prohibits a child's parent, legal guardian, or legal custodian from accessing prescription records if the treating professional is required to report abuse of the unemancipated minor and believes that such access is reasonably likely to endanger the life or physical safety of the minor. This bill adds that when such circumstances are met, such access to medical treatment records is also prohibited. VACCINATIONS AND MEDICAL TREATMENT Present law prohibits a healthcare provider from vaccinating a minor unless the provider first receives the parent or legal guardian's informed consent. The healthcare provider must document receipt of, and include in the minor's medical record proof of, such prior consent. This bill adds to this prohibition that a healthcare provider must not perform medical treatment on a minor unless the provider first receives informed consent and such consent must also be recorded. However, this bill authorizes a licensed medical, surgical or osteopathic physician to perform emergency medical treatment on a minor, only after a reasonable effort is made to notify the minor's parents or guardian, if known or readily ascertainable, despite the absence of informed consent from a parent or guardian or a court order. PARENTAL FUNDAMENTAL RIGHTS Present law establishes certain fundamental rights of a parent to the care, custody, and control of the parent's child, including the right to direct the health care and mental health of the child. This bill specifically adds to the fundamental rights given to parents, which includes an individual who has been granted decision-making authority over the child under state law, access to the records described above. MEDICAL ATTENTION AT SCHOOL Present law generally requires parental consent for the treatment of minors. However, an employee of a local education agency (LEA) may act without prior parental consent to control bleeding using a bleeding control kit. This bill adds to this exception that an employee of an LEA may also provide bandages, gauze, or ice packs for the treatment of minor cuts, scrapes, bumps, and bruises.

Statutes affected:
Introduced: 33-8-202, 33-8-202(c)(2), 68-11-304, 68-11-304(j), 36-8-103, 63-1-165(b), 63-1-165, 63-1-165(c)(1), 63-1-165(c), 63-1-176