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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
VETOED
parental rights; medical records
Purpose
Requires a health care entity to provide the parent of a minor child with access to any electronic portal and delivery platform for the minor's medical records, regardless of whether parental consent is required for the medical treatment rendered.
Background
In Arizona the liberty of parents to direct the upbringing, education, health care and mental health of their children is a fundamental right, and all parental rights are exclusively reserved to a parent of a minor child without obstruction or interference from any governmental entity or any other institution, except for a government entity that demonstrates a compelling government interest as prescribed. Included in the rights of parents are the rights to make all health care decisions for the minor child and to request access to and review all written and electronic medical records of the minor child, unless otherwise prohibited by law or unless the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement official requests that the information not be released (A.R.S. § 1-602).
Statute prescribes certain circumstances in which a health care entity may treat a minor without parental consent. These circumstances include: 1) emergency situations in which the minor is in need of immediate medical attention, hospitalization or surgery, whether due to a dangerous drug or narcotic or other medical emergency; 2) emergency situations that require a person to perform a mental health screening or mental health treatment to prevent serious injury or save the life of the minor child; and 3) instances in which a minor may have contracted a venereal disease (A.R.S. §§ 36-2271; 36-2272 and A.R.S. Title 44, Chapter 1, Article 3).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
2. Specifies that the right of a parent to request, access and review all written and electronic medical records of a minor child includes access to medical records not requiring parental consent, including an emergency in which the minor is:
a) in need of a mental health screening and treatment;
b) in need of immediate hospitalization, medical attention or surgery; and
c) at least 12 years old and has been diagnosed to be under the influence of a dangerous drug or narcotic and in need of treatment.
3. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that H.B. 2183 may put the health and safety of vulnerable Arizonans at risk.
House Action Senate Action
HHS 1/22/24 DP 6-4-0-0 HHS 2/27/24 DP 4-1-2
3rd Read 2/5/24 32-25-0-0-3 3rd Read 3/27/24 16-12-2
Vetoed by the Governor 4/2/24
Prepared by Senate Research
April 3, 2024
MM/KS/slp