Virginia 2023 Regular Session

Virginia House Bill HB2091

Introduced
1/10/23  

Caption

Parental access to minor's medical records; consent by certain minors to treatment.

Impact

The implications of HB2091 are significant for state healthcare law and parental rights regarding minors. By granting minors certain rights to consent for medical treatment and control over their medical records, the bill enhances the capacity of minors, particularly those aged 14 and older, to make independent healthcare decisions. This change seeks to reflect an understanding that some minors may not feel comfortable discussing sensitive health issues with their parents, and ensuring accessible care is paramount for their wellbeing.

Summary

House Bill 2091 concerning parental access to minors' medical records and consent for treatment aims to clarify and, in some instances, expand the rights of minors in relation to their healthcare. The bill proposes that neither parent, regardless of custody status, shall be denied access to their minor child's academic or health records unless explicitly ordered by a court or if disclosing such records may cause substantial harm to the minor. This provision emphasizes that the medical professionals handling the cases can deny access if they believe the parent’s access may deter the minor from seeking necessary care.

Contention

While proponents argue that the bill will empower minors and protect their health privacy, opponents raise concerns about potential overreach. The discussions suggest that opponents fear the bill may undermine parental authority in medical decisions, allowing minors to make significant health care choices without parental input. Additionally, there is apprehension that provisions allowing minors to consent to certain types of treatments could lead to misinformed health decisions by young individuals who may not be fully equipped to consider the consequences of their choices.

Companion Bills

No companion bills found.

Previously Filed As

VA HB813

Parental access to minor's medical records; consent by certain minors to treatment.

VA HB813

Parental access to minor's medical records; consent by certain minors to treatment.

VA HB1711

Minor's medical records; prohibits denial of parental access to records.

VA SB1070

Minor's medical records; prohibits denial of parental access to records.

VA HB2280

Surgical & medical trtmt. of certain minors; parental consent, admission to mental health facility.

VA HB2399

Minors; parental access to health records.

VA HB1251

Parental Consent to Treatment of a Minor

VA HB1359

Health care; consent to disclosure of records.

VA SB846

Minor's records; access to records stored or accessible from a secure website.

VA HB1593

Minor's records; access to records stored or accessible from a secure website.

Similar Bills

NJ S2513

Requires consent of both parents or guardians of minor for health care treatment under certain circumstances.

WI AB112

Consent to mental health treatment by minors who are age 14 or older.

WI SB107

Consent to mental health treatment by minors who are age 14 or older.

CA AB816

Minors: consent to medical care.

AZ HB2744

Involuntary treatment; guardians; agents; rights

AZ SB1350

Involuntary treatment; guardians; agents; rights.

CA AB1751

Opioid prescriptions: information: nonpharmacological treatments for pain.

AZ HB2041

Mental health; voluntary evaluations; payment