Assigned to HHS AS VETOED
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
VETOED
FACT SHEET FOR H.B. 2126
medical records; parental rights
Purpose
Requires a healthcare entity, while maintaining required confidentiality, to provide the
parent of a minor child with access to any electronic portal and delivery platform for the minor's
medical records, regardless of whether parental consent is required for the medical treatment
rendered.
Background
In Arizona, the liberty of parents, including natural or adoptive parents or legal guardians,
to direct the upbringing, education, health care and mental health of their children is a fundamental
right, and all parental rights are exclusively reserved to a parent of a minor child without
obstruction or interference from any governmental entity or any other institution, except for a
government entity that demonstrates a compelling government interest as prescribed. Included in
the rights of parents are the rights to make all health care decisions for the minor child and to
request access to 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 a law enforcement official requests that the information not
be released. (A.R.S. § 1-602).
Statute prescribes certain circumstances in which a healthcare entity may treat a minor
without parental consent. These circumstances include: 1) emergency situations in which the minor
is in need of immediate medical attention, hospitalization or surgery, whether due to a dangerous
drug or narcotic or other medical emergency; 2) emergency situations that require a person to
perform a mental health screening or mental health treatment to prevent serious injury or save the
life of the minor child; and 3) instances in which a minor may have contracted a venereal disease
(A.R.S. §§ 36-2271; 36-2272; and A.R.S. Title 44, Chapter 1, Article 3).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires a healthcare entity to provide a parent of a minor child access to any electronic portal
or any other healthcare delivery platform, that is separate but equal to the child's access,
throughout the child's minority.
2. Requires a healthcare entity to maintain confidentiality owed to a minor pursuant to law or
court order. FACT SHEET – Vetoed
H.B. 2126
Page 2
3. Specifies that the right of a parent to request, access and review all written and electronic
medical records of a minor child includes access to medical records not requiring parental
consent, including an emergency 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; or
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.
4. Makes technical changes.
5. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that H.B. 2126 would create legal ambiguity
for healthcare providers who have an existing obligation to patient privacy.
House Action Senate Action
HHS 2/10/25 DP 8-4-0-0 HHS 3/12/25 DP 3-2-2
3
rd
Read 2/25/25 35-25-0 3
rd
Read 4/9/25 17-13-0
Vetoed by the Governor on 4/15/25
Prepared by Senate Research
April 16, 2025
MM/AO/slp