SB 1201
Initials LC/DG Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
Senate: APPROP DP 9-0-1-0 | 3
rd
Read 24-5-1-0
House: TRANS DP 8-3-1-0 | APPROP DPA/SE 9-4-0-0
SB1201: appropriation; Ganado School Loop Road
S/E: prisoners; medical records; family access
Sponsor: Senator Pace, LD 25
Caucus & COW
Summary of the Strike-Everything Amendment to SB 1201
Overview
Allows prisoners to request that the Arizona Department of Corrections (ADC) release the
prisoner's medical records to an immediate family member or another designated person.
History
ADC may disclose a prisoner's records in cases in which a prisoner on authorized transfers is a
patient in the state hospital (A.R.S. § 36-509).
ADC conditions the release of health record copies to outside parties upon:
1) receipt of a valid authorization from the inmate;
2) receipt of an authorization to release copies of medical records;
3) subpoena; or
4) receipt of a court order (ADC Medical Services Technical Manual § 8-2.1).
The party requesting information relating to an inmate's care must produce verifiable
identification. The prisoner's medical information is to be used only for:
1) health care facilities or personnel requiring information in order to treat the inmate;
2) medical practitioners who have a legitimate or academic interest in the case;
3) insurance companies or others responsible for payment of treatment charges; or
4) the Industrial Commission, employers of patients or a legal representative of those
employers filing an industrial injury claim (ADC Medical Services Technical Manual § 8-
2.1).
Provisions
1. Authorizes ADC to release a prisoner's medical records to an immediate family member or a
designated individual following the prisoner's request. (Sec. 1)
2. Specifies a prisoner's authorization to ADC to release the prisoner's medical record to the
designated individuals must:
a) be in writing; and
b) include a release that complies with the privacy standards set by the Health Insurance
Portability and Accountability Act. (Sec. 1)
3. States that ADC must provide the medical record within 15 calendar days after receiving the
prisoner's authorization to release the medical record. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1201
Initials LC/DG Page 2 Caucus & COW
4. Establishes that ADC may charge a fee to copy and produce the prisoner's medical record.
(Sec. 1)
5. Establishes that a designated individual authorized to receive a prisoner's medical records
may submit a recommendation to ADC for the prisoner's medical treatment. (Sec. 1)
6. Specifies the recommendation must be from a physician who has recently reviewed the
prisoner's medical records or has previously treated the prisoner. (Sec. 1)
7. Specifies that ADC is not required to accept or implement the medical treatment
recommendation. (Sec. 1)
8. Requires ADC to promptly submit the medical treatment recommendation to the department's
contracted inmate healthcare vendor who determines if the recommendation is medically
indicated. (Sec. 1)
9. Provides that a vendor must promptly place a written clinical explanation for a medical
treatment recommendation determined not to be medically indicated in the prisoner's medical
record. (Sec. 1)
10. Defines medical record and physician. (Sec. 1)
11. Makes technical and conforming changes. (Sec. 1)