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REFERENCE TITLE: prisoners; medical records; family access |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2339 |
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Introduced by Representatives Shah: Gress
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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; definition
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 on a form prescribed by the department 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 unless the medical record is produced electronically.
B. For the purposes of this section, "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.