Tennessee House Bill HB2773

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/24
• Refer: 2/5/24
• Refer: 3/5/24
• Refer: 3/13/24
• Engrossed: 4/1/24
• Enrolled: 4/3/24
• Passed: 4/22/24
• Chaptered: 5/1/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 33; Title 66 and Title 68, relative to parental access to a minor child's medical information.

Impact

The legislation is poised to have significant implications for state laws regarding parental rights and minor privacy. It requires practices that balance the need for parental involvement in minors' medical decisions with the necessity of protecting minors from potential harm. This new law succinctly states the boundaries within which parents can access their children's medical treatment records without parental consent, particularly when the treating professionals are obligated to report suspected abuse or when the minor is deemed at risk of self-harm.

Summary

House Bill 2773, also known as the 'Cassie Wright Act,' aims to amend various sections of the Tennessee Code Annotated concerning parental access to a minor child's medical information. The bill emphasizes enhancing parents' rights to receive information regarding their unemancipated minor children, particularly related to prescriptions and treatments, while imposing specific limitations to protect the minor's safety and privacy health records. Furthermore, this act introduces a protocol by which healthcare professionals must inform parents about communication from minors involving threats of bodily harm or suicidal ideations, provided they follow legal and ethical guidelines.

Sentiment

Sentiment surrounding HB 2773 is predominantly supportive, particularly among advocates for parental rights and child safety. Proponents argue that the bill fortifies the indispensable role of parents in the healthcare decisions of minors, thereby fostering a more transparent communication channel between healthcare providers and families. However, potential concerns linger among some advocates for mental health issues regarding the balance this bill strikes between access and secrecy, sparking an ongoing debate about the protection of vulnerable minors' autonomy and privacy.

Contention

A notable point of contention relates to the provisions in the bill that initially appear to enhance parental rights but might inadvertently limit minors’ confidentiality regarding sensitive health issues, especially those involving mental health crises. Critics argue that the requirement for healthcare providers to disclose information about suicidal ideations could deter minors from seeking necessary care, thereby creating a potential barrier to effective health communication. This conflict highlights the delicate balance the bill attempts to achieve between safeguarding minors' safety and ensuring their rights to confidential healthcare access.