BILL NUMBER: AB 1994	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Leslie

                        FEBRUARY 9, 2006

   An act to amend Section 123115 of the Health and Safety Code,
relating to health records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1994, as introduced, Leslie  Health records: minors: access.
   Existing law, with specified exceptions, authorizes any adult
patient of a health care provider, any minor patient authorized by
law to consent to medical treatment, and any patient representative,
to be entitled to inspect patient records, upon presenting to the
health care provider a written request for those records, and payment
of reasonable clerical costs incurred in locating and making the
records available. Under existing law, the representative of a minor
patient is not entitled to inspect or obtain copies of the minor's
patient records under certain circumstances, including when the minor'
s health care provider determines that access to the requested
patient records would be detrimental to the provider's professional
relationship with the minor patient or the minor's physical safety or
psychological well-being. Existing law exempts the health care
provider from liability for making the decision as to whether the
minor's records are available for inspection, except in cases of bad
faith.
   This bill would specify that the exemption from liability would
also apply with respect to a health care provider's decision whether
to make the minor patient's records available for copying.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 123115 of the Health and Safety Code is amended
to read:
   123115.  (a) The representative of a minor shall not be entitled
to inspect or obtain copies of the minor's patient records in either
of the following circumstances:
   (1) With respect to which the minor has a right of inspection
under Section 123110.
   (2) Where the health care provider determines that access to the
patient records requested by the representative would have a
detrimental effect on the provider's professional relationship with
the minor patient or the minor's physical safety or psychological
well-being. The decision of the health care provider as to whether or
not a minor's records are available for inspection  or copying
 under this section shall not attach any liability to the
provider, unless the decision is found to be in bad faith.
   (b) When a health care provider determines there is a substantial
risk of significant adverse or detrimental consequences to a patient
in seeing or receiving a copy of mental health records requested by
the patient, the provider may decline to permit inspection or provide
copies of the records to the patient, subject to the following
conditions:
   (1) The health care provider shall make a written record, to be
included with the mental health records requested, noting the date of
the request and explaining the health care provider's reason for
refusing to permit inspection or provide copies of the records,
including a description of the specific adverse or detrimental
consequences to the patient that the provider anticipates would occur
if inspection or copying were permitted.
   (2) The health care provider shall permit inspection by, or
provide copies of the mental health records to, a licensed physician
and surgeon, licensed psychologist, licensed marriage and family
therapist, or licensed clinical social worker, designated by request
of the patient. Any marriage and family therapist registered intern,
as defined in Chapter 13 (commencing with Section 4980) of Division 2
of the Business and Professions Code, may not inspect the patient's
mental health records or obtain copies thereof, except pursuant to
the direction or supervision of a licensed professional specified in
subdivision (f) of Section 4980.40 of the Business and Professions
Code. Prior to providing copies of mental health records to a
marriage and family therapist registered intern, a receipt for those
records shall be signed by the supervising licensed professional. The
licensed physician and surgeon, licensed psychologist, licensed
marriage and family therapist, licensed clinical social worker, or
marriage and family therapist registered intern to whom the records
are provided for inspection or copying shall not permit inspection or
copying by the patient.
   (3) The health care provider shall inform the patient of the
provider's refusal to permit him or her to inspect or obtain copies
of the requested records, and inform the patient of the right to
require the provider to permit inspection by, or provide copies to, a
licensed physician and surgeon, licensed psychologist, licensed
marriage and family therapist, or licensed clinical social worker,
designated by written authorization of the patient.
   (4) The health care provider shall indicate in the mental health
records of the patient whether the request was made under paragraph
(2).