HB 2126
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☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: HHS DP 8-4-0-0
HB 2126: medical records; parental rights
Sponsor: Representative Willoughby, LD 13
Caucus & COW
Overview
Requires a health care entity to give a parent access to any electronic portal and any other
health care delivery platform that is separate but equal to the minor child's access throughout
the minority of the parent's child, while maintaining any confidentiality that is owed to the
minor child pursuant to law or court order.
History
As outlined in the parents' bill of rights, all parental rights are exclusively reserved to a
parent or a minor child without obstruction or interference from this state, any political
subdivision, any other governmental entity or other institution. This includes:
1) the right to make all health care decisions for the minor child, including the right to
not consent to the immunization of their child, the right to consent to mental health
treatment or screening for their child and the right to consent to surgical procedures
for their child; and
2) the right to request, access and review all written and electronic medical records of
the minor child unless otherwise prohibited by law or unless the parent is the subject
of an investigation of a crime committed against the minor child and law enforcement
officially requests that the information not be released (A.R.S. §§ 1-602, 15-873, 36-
2271, 36-2272).
Medical services that do not require parental consent include:
1) when it has been determined by a physician that an emergency exists and is necessary
to perform surgical procedures for the treatment of a serious disease, injury or drug
abuse, to save the life of the patient or when such parent or legal guardian cannot be
located or contacted after reasonably diligent effort;
2) when an emergency exists that requires a person to perform mental health screening
or provide mental health treatment to prevent serious injury or save the life of a minor
child;
3) an emergency case in which a minor needs immediate hospitalization, medical
attention or surgery and after reasonable efforts made under the circumstances, the
parents of such minor cannot be located for the purpose of consenting thereto, consent
for said emergency attention may be given by any person standing in loco parentis to
said minor; and
4) any minor who is at least 12 years old who is found, upon diagnosis of a licensed
physician or registered nurse practitioner to be under the influence of a dangerous
drug or narcotic (which includes withdrawal symptoms), may be considered an
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emergency case and the minor is considered as having consented to hospital or medical
care needed for treatment for that condition (A.R.S. §§ 36-2271, 36-2272, 44-133, 44-
133.01).
A similar bill was introduced in the 56
th Legislature, 2nd Regular Session and was vetoed by
the Governor (HB 2183 parental rights; medical records).
Provisions
1. Requires a health care entity to give a parent access to any electronic portal and any other
health care delivery platform that is separate but equal to the minor child's access
throughout the minority of the parent's child, while maintaining any confidentiality that
is owed to the minor child pursuant to law or court order. (Sec. 1)
2. Specifies that a parent's right to request, access and review all written and electronic
medical records of the minor child includes access to written and electronic medical
records for services not requiring parental consent, including those in certain emergency
circumstances in which the minor is:
a) in need of a mental health screening and treatment;
b) in need of immediate hospitalization, medical attention or surgery; and
c) at least 12 years old and has been diagnosed to be under the influence of a dangerous
drug or narcotic and in need of treatment. (Sec. 1)
3. Makes a technical change. (Sec. 1)