BILL ANALYSIS
AB 1994
Page 1
Date of Hearing: April 4, 2006
ASSEMBLY COMMITTEE ON HEALTH
Wilma Chan, Chair
AB 1994 (Leslie) - As Introduced: February 9, 2006
SUBJECT : Health records: minors: access.
SUMMARY : Exempts a health care provider from liability when he
or she does not make a minor's health records available for
copying by the minor's adult representative because the provider
has determined that access to the patient's records by the
representative of a minor would have a detrimental effect on the
provider's relationship with the minor.
EXISTING LAW :
1)Entitles any adult patient, any minor patient authorized by
law to consent to medical treatment, and any patient
representative to inspect patient records upon presenting to
the health care provider a written request for those records
and upon payment of reasonable clerical costs to make such
records available.
2)Allows the patient or patient's representative to copy all or
any portion of his or her records that he or she has a right
to inspect, upon written request to the health care provider
specifying the records to be copied.
3)Prevents a minor's representative from inspecting or obtaining
copies of the minor's medical records under the following
circumstances:
a) When the minor's health care provider determines
that access to the requested medical records would be
detrimental to the provider's professional relationship
with the minor or to the minor's physical safety or
psychological well-being; or,
b) If the request pertains to health care of a type for
which the minor is lawfully authorized to consent, in
which case the minor must initiate the request.
4)Exempts a health care provider from liability when he or she
does not make a minor's health records available for
AB 1994
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inspection because the provider has determined that access to
the patient's records by the minor's representative would have
a detrimental effect on the provider's relationship with the
minor, except in cases of bad faith.
FISCAL EFFECT : None.
COMMENTS :
1)PURPOSE OF THIS BILL . According to the author, this bill
would provide the same liability protections to a health care
provider's decision regarding the copying of a minor's medical
records as is provided under current law to the inspection of
those medical records.
2)BACKGROUND . Existing law (Health and Safety Code Section
123115) establishes procedures for providing access to health
care records or summaries of records by patients and patient's
representatives who have responsibility for decisions
regarding the health care of the patient. It also provides an
exception for a health care provider to refuse the request of
a minor's representative to inspect or obtain copies of the
minor's records under certain circumstances.
Although current law allows a health care provider to make
decisions regarding whether or not to make the minor's records
available for inspection or copying, the provider is only
exempt from liability regarding his or her decision on making
the records available for inspection. Thus, this bill
addresses a concern that a provider could be held liable for
his or her decision regarding whether or not to make the
minor's records available for copying.
3)SUPPORT . The bill's sponsor, the California Association of
Marriage and Family Therapists, contend that the omission of
"copying" from the liability exemption is a drafting
oversight. Others in support contend that this bill would
close a loophole in current law and preserve the original
intent of the underlying law to protect the privacy of a
minor's medical records.
4)DOUBLE REFERRAL . This bill has been double-referred. Should
this bill pass out of this committee, it will be referred to
the Assembly Committee on Judiciary.
AB 1994
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REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Marriage and Family Therapists
(sponsor)
American College of Obstetricians and Gynecologists, District IX
California Medical Association
California Psychological Association
Opposition
None on file.
Analysis Prepared by : Lisa Chan / HEALTH / (916) 319-2097