SB 253 - AS AMENDED BY THE SENATE

 

03/23/2023   1186s

2023 SESSION

23-1031

06/05

 

SENATE BILL 253

 

AN ACT relative to parental access to a minor child's medical records.

 

SPONSORS: Sen. Innis, Dist 7; Sen. Avard, Dist 12; Sen. Murphy, Dist 16; Sen. Gray, Dist 6; Sen. Ward, Dist 8; Rep. Sellers, Graf. 18; Rep. J. Harvey-Bolia, Belk. 3

 

COMMITTEE: Judiciary

 

-----------------------------------------------------------------

 

AMENDED ANALYSIS

 

This bill provides parents of minor children full access to their minor children's medical record except under certain circumstances.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/23/2023   1186s 23-1031

06/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT relative to parental access to a minor child's medical records.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1 Statement of Purpose. The general court finds and recognizes that parents are responsible for providing and coordinating medical care for their minor children and are presumed to act in their child’s best interest. In order to make informed decisions about a minor child’s healthcare needs, parents must be granted access to their children’s medical records.

2 New Paragraph; Medical Records; Parental Access.  Amend RSA 332-I:1 by inserting after paragraph I the following new paragraph:

I-a.  A parent or legal guardian of a minor child shall be entitled to have full access to the medical records of their minor child or ward, except:

(a)  When the records are records of treatment that a minor may consent to pursuant to a specific statute under state or federal law without parental consent or the consent of a legal guardian;

(b)  When the parent or legal guardian is the subject of a protective order involving the minor child or one of the minor child’s siblings issued pursuant to RSA 173-B, RSA 461-A, or RSA 633:3-a, or when a court of competent jurisdiction has determined that the release of the records to a parent or legal guardian is not in the child’s best interest; or

(c)  When a health care provider has determined by clear and convincing evidence based upon articulable facts that disclosure of the records to a parent or legal guardian of a minor child is likely to result in abuse or neglect.  A health care provider who makes this determination shall document in the medical record of the minor child all facts upon which he or she relied in making the determination.

3  This act shall take effect 60 days after its passage.