Bill Text: GA HB65 | 2011-2012 | Regular Session | Comm Sub
Bill Title: Adoption records; medical information open to certain persons; clarify
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-14 - House Withdrawn, Recommitted [HB65 Detail]
Download: Georgia-2011-HB65-Comm_Sub.html
11 LC
29 4742S
The
House Committee on Judiciary offers the following substitute to HB
65:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 19-8-23 of the Official Code of Georgia Annotated, relating
to where records of adoption are kept, examination of adoption records by
parties and attorneys, and use of information by agency and department, so as to
clarify that nonidentifying medical information contained in adoption records
shall be open to certain persons for purposes of providing medical treatment and
diagnoses; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 19-8-23 of the Official Code of Georgia Annotated, relating to where
records of adoption are kept, examination of adoption records by parties and
attorneys, and use of information by agency and department, is amended by
revising subsection (d) as follows:
"(d)(1)
Upon the request of a party at interest in the
adoption, a
child, legal guardian, or health care agent of an adopted
person or
of
a provider of medical services to such a
party, child,
legal guardian, or health care agent when
certain information
is
necessary because of
would assist
in the provision of medical care, a
medical
emergency,
or
for
medical diagnosis or treatment, the department or child-placing agency
may, in its
sole discretion,
shall
access its own records on finalized adoptions for the purpose of adding
subsequently obtained medical information or releasing nonidentifying medical
and health
history information contained in its
records on
such
pertaining to
an adopted
persons
person or the
biological parents or relatives of the biological parents of the adopted person.
For purposes of this paragraph, the term 'health care agent' has the meaning
provided by Code Section
31-32-2.
(2)
Upon receipt by the
Office of
Adoptions
State Adoption
Unit of the Division of Family and Children
Services of the department or by a
child-placing agency of documented medical information relevant to an adoptee,
the office or child-placing agency shall use reasonable efforts to contact the
adoptive parents of the adoptee
if the adoptee
is under 18 years of age or the adoptee if
he or she is 18 years of age or older and provide such documented medical
information to the adoptive parents or the adoptee. The office or child-placing
agency shall be entitled to reimbursement of reasonable costs for postage and
photocopying incurred in the delivery of such documented medical information to
the adoptive parents or adoptee."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.
