West Virginia 2024 Regular Session

West Virginia Senate Bill SB719

Introduced
2/8/24  

Caption

Clarifying parent and guardian access to minor child's medical records

Impact

If passed, SB 719 would amend existing laws within the Code of West Virginia to reinforce the rights of parents and guardians. This amendment ensures that medical providers cannot require a minor to consent to their parents accessing their records, thereby creating a clear directive for health care practices. Additionally, it mandates that if records are only available in paper format, they must be provided within three days of a request and at no cost to the requesting parent or guardian. The implications of this could enhance parental involvement in a child's healthcare decisions and support informed decision-making regarding medical treatments.

Summary

Senate Bill 719, introduced in West Virginia, aims to clarify the rights of parents and legal guardians regarding access to their minor children's medical records. The bill specifies that unless there is a court order denying access, parents or guardians should not be denied access to paper and electronic medical records of their unemancipated children. This establishes a more straightforward protocol for parents, alleviating concerns about unnecessary barriers imposed by health care providers in accessing their children's health information.

Sentiment

The sentiment surrounding SB 719 appears to be generally positive among advocates of parental rights and healthcare transparency. Supporters argue that the bill is an essential step in empowering parents to make informed health care decisions for their children without facing unnecessary obstacles. However, there may also be concerns from some child advocacy groups or individuals who believe this could infringe on the privacy rights of minors, especially in sensitive health matters. The discussions around this bill reflect a broader debate over the balance between parental rights and minors' autonomy in healthcare decisions.

Contention

Notable points of contention regarding SB 719 may stem from discussions about minors' autonomy in healthcare. While proponents emphasize the importance of parental involvement, critics may argue that the bill does not consider situations where minors have legitimate reasons for wanting to prevent parents from accessing certain sensitive medical information. This tension highlights the need for a balanced approach that respects parental rights while also acknowledging the complexities of healthcare confidentiality for minors in certain circumstances.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2956

Relating to access for minor children’s medical records

WV SB470

Making adoption records accessible for medical purposes

WV HB2133

Granting tax credits for parents and legal guardians whose children are in a home schooling program or private school

WV HB2150

Requiring parents or guardians to participate in programs for juveniles in an out-of-home placement

WV SB692

Relating to gender reassignment medical services for minors

WV HB2016

Relating to confidential childcare records

WV SB32

Allowing parents to decline required medication administered to newborns

WV HB2490

Establishing a procedure to name a kinship legal guardian

WV SB137

Clarifying offenses of kidnapping and unlawful restraint

WV SB484

Clarifying terms and offense of human smuggling

Similar Bills

No similar bills found.