BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1994|
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CONSENT
Bill No: AB 1994
Author: Leslie (R)
Amended: As introduced
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/13/06
AYES: Dunn, Morrow, Escutia, Harman, Kuehl
ASSEMBLY FLOOR : 75-0, 4/24/06 (Consent) - See last page
for vote
SUBJECT : Health records: minors: access
SOURCE : California Association of Marriage and Family
Therapists
DIGEST : This bill provides 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.
ANALYSIS : 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
CONTINUED
AB 1994
Page
2
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/she may deny the
representative access to the records, in terms of both
inspection and copying.
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.
This bill provides 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/15/06)
California Association of Marriage and Family Therapists
(source)
American College of Obstetricians and Gynecologists,
District IX
California Medical Association
California Psychological Association
ARGUMENTS IN SUPPORT : The author states:
"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.
AB 1994
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3
"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.
"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)."
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
DeVore, Emmerson, Evans, Frommer, Garcia, Goldberg,
Hancock, Harman, Haynes, Jerome Horton, Shirley Horton,
Houston, Huff, Jones, Karnette, Keene, Klehs, La Malfa,
La Suer, Laird, Leno, Levine, Lieber, Lieu, Matthews,
Maze, McCarthy, Montanez, Mountjoy, Mullin, Nakanishi,
Nation, Nava, Negrete McLeod, Niello, Oropeza, Parra,
Pavley, Plescia, Richman, Ridley-Thomas, Sharon Runner,
Saldana, Salinas, Spitzer, Strickland, Torrico, Tran,
Umberg, Vargas, Villines, Walters, Wolk, Wyland, Yee,
Nunez
NO VOTE RECORDED: Dymally, Koretz, Leslie, Liu, Ruskin
RJG:mel 6/15/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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