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House Engrossed
prisoners; medical records; family access |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HOUSE BILL 2229 |
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AN ACT
amending title 31, chapter 2, article 2, Arizona Revised Statutes, by adding section 31-224.01; relating to prisoners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 31, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 31-224.01, to read:
31-224.01. Prisoner medical records; release to immediate family or designated individual; medical recommendation; definitions
A. a prisoner may authorize the department to release the prisoner's medical record to a member of the prisoner's immediate family or to a designated individual. The authorization must be in writing and include a release that complies with the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 164, subpart E). If authorized by the prisoner, The department shall release the prisoner's medical record to a member of the prisoner's immediate family or to the designated individual. The department shall provide the medical record within fifteen calendar days after receiving the prisoner's authorization to release the medical record. Pursuant to sections 31-221 and 39-121.01, the department may charge a fee to copy and produce the prisoner's medical record.
B. A member of the prisoner's immediate family or the designated individual who is authorized to receive the prisoner's medical record may submit a recommendation on behalf of the prisoner to the department for medical treatment for the prisoner. The recommendation must be from a physician who has recently reviewed the prisoner's medical record or who has previously treated the prisoner for a medical condition. The department is not required to accept or otherwise implement the recommendation but shall promptly submit the recommendation to the department's contracted inmate healthcare vendor for the vendor's clinical consideration and to determine if the recommendation is medically indicated. If the department's contracted inmate healthcare vendor determines that the recommendation is not medically indicated, the vendor shall promptly place a written clinical explanation for the decision in the prisoner's medical record.
C. For the purposes of this section:
1. "medical record" includes any medical record that is retained by the department or a medical professional and that relates to medical treatment that was provided to the prisoner while in a department facility.
2. "Physician" means a physician who holds an active license in good standing issued by any state.