PREFILED JAN 05 2024 REFERENCE TITLE: medical records; minors; confidentiality; consent State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 HB 2139 Introduced by Representative Willoughby An Act amending section 12-2292, Arizona Revised Statutes; relating to medical records. (TEXT OF BILL BEGINS ON NEXT PAGE)
PREFILED JAN 05 2024
REFERENCE TITLE: medical records; minors; confidentiality; consent
State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
HB 2139
Introduced by Representative Willoughby
REFERENCE TITLE: medical records; minors; confidentiality; consent
State of Arizona
House of Representatives
Fifty-sixth Legislature
Second Regular Session
2024
HB 2139
Introduced by
Representative Willoughby
An Act
amending section 12-2292, Arizona Revised Statutes; relating to medical records.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 12-2292, Arizona Revised Statutes, is amended to read: START_STATUTE12-2292. Confidentiality of medical records and payment records A. Unless otherwise provided by law, all medical records and payment records, and the information contained in medical records and payment records, are privileged and confidential. A health care provider may only disclose that part or all of a patient's medical records and payment records as authorized by state or federal law or written authorization signed by the patient or the patient's health care decision maker. B. Unless otherwise provided by law and under the circumstances in which a minor patient may consent to the minor patient's own medical care and in which the minor patient has the mental capacity to consent, the minor patient's medical records are not privileged and confidential and may be disclosed to the minor patient's parent or guardian unless the minor patient notifies the health care provider, by written authorization signed by the minor patient, that the minor patient's medical records are privileged and confidential and may not be disclosed to the minor patient's parent or guardian. A health care provider shall inform a minor patient about the minor patient's option to keep the minor patient's medical records privileged and confidential. This subsection does not apply to the medical records of a minor patient who is emancipated. B. c. This article does not limit the effect of any other federal or state law governing the confidentiality of medical records and payment records. END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-2292, Arizona Revised Statutes, is amended to read:
START_STATUTE12-2292. Confidentiality of medical records and payment records
A. Unless otherwise provided by law, all medical records and payment records, and the information contained in medical records and payment records, are privileged and confidential. A health care provider may only disclose that part or all of a patient's medical records and payment records as authorized by state or federal law or written authorization signed by the patient or the patient's health care decision maker.
B. Unless otherwise provided by law and under the circumstances in which a minor patient may consent to the minor patient's own medical care and in which the minor patient has the mental capacity to consent, the minor patient's medical records are not privileged and confidential and may be disclosed to the minor patient's parent or guardian unless the minor patient notifies the health care provider, by written authorization signed by the minor patient, that the minor patient's medical records are privileged and confidential and may not be disclosed to the minor patient's parent or guardian. A health care provider shall inform a minor patient about the minor patient's option to keep the minor patient's medical records privileged and confidential. This subsection does not apply to the medical records of a minor patient who is emancipated.
B. c. This article does not limit the effect of any other federal or state law governing the confidentiality of medical records and payment records. END_STATUTE