BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Senator Joseph L. Dunn, Chair
2005-2006 Regular Session
AB 1994 A
Assembly Member Leslie B
As Introduced
Hearing Date: June 13, 2006 1
Health and Safety Code 9
ADM:cjt 9
4
SUBJECT
Health Records: Minors: Access
DESCRIPTION
This bill would provide that the decision of a health care
provider as to whether to make a minor's records available
for copying [in addition to inspection] by the minor's
representative where the health care provider determines
that access to the records would have a detrimental effect
on the provider's professional relationship with the minor
or the minor's physical safety or psychological well-being,
would not expose the provider to liability, unless the
decision was found to be in bad faith.
BACKGROUND
Under current law, if a health care provider determines
that allowing a minor's representative to inspect or copy
the minor's medical records would detrimentally effect the
physician-patient relationship or the minor's physical or
mental well-being, the provider may deny inspection or
copying of the minor's records. Also under current law,
the provider's decision whether or not to allow inspection
of the minor's records is protected from liability, unless
the decision is found to have been in bad faith. This bill
would extend the liability protection to the provider's
decision whether or not to allow copying of the minor's
records.
CHANGES TO EXISTING LAW
(more)
AB 1994 (Leslie)
Page 2
Under existing law , where a health care provider determines
that allowing the representative of a minor to inspect or
copy the minor's patient records 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, he or she may deny the
representative access to the records, in terms of both
inspection and copying. [Health and Safety Code Section
123115.]
Existing law provides that the decision of the health care
provider as to whether or not to make a minor's records
available for inspection by the representative shall not
attach any liability to the provider, unless the decision
is found to be in bad faith. [Id.]
This bill would provide that the decision of the health
care provider as to whether or not to make a minor's
records available for copying by the representative would
not expose the provider to liability, unless the decision
was found to be in bad faith.
COMMENT
1. Stated need for the bill
The author provides:
Under existing law, when a health care provider
determines that allowing the representative of a minor
to inspect or copy the minor's medical records would
have a detrimental effect on the provider's
professional relationship with the minor patient or
the minor's physical safety or well-being, he or she
may deny the representative access to the records. In
addition, the decision of the health care provider
whether or not to make the records available for
inspection shall not attach liability to the provider,
unless the decision is found to be in bad faith.
This bill would provide that the same liability
protection would apply to the health care provider's
decision whether or not to allow the representative of
the minor to copy the patient's records.
AB 1994 (Leslie)
Page 3
The sponsor believes that the omission of the word
"copying" was a drafting oversight when this section
of law was enacted. It is anomalous that the decision
whether or not to allow copying is not explicitly
protected, since copying ultimately allows inspection
by the representative, (and others).
Support: The American College of Obstetricians and
Gynecologists, District IX; CA Medical Association;
CA Psychological Association
Opposition: None Known
HISTORY
Source: CA Association of Marriage and Family Therapists
Related Pending Legislation: None Known
Prior Legislation: None Known
Prior Vote: Assembly Health Committee (Ayes 14, Noes 0)
Assembly Judiciary Committee (Ayes 9, Noes 0)
Assembly Floor (Ayes 75, Noes 0)
**************