Bill Text: NJ A5055 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires parents and guardians be provided access medical records of minor patients.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-01-12 - Introduced, Referred to Assembly Health Committee [A5055 Detail]
Download: New_Jersey-2022-A5055-Introduced.html
Sponsored by:
Assemblyman GERRY SCHARFENBERGER
District 13 (Monmouth)
Assemblywoman VICTORIA A. FLYNN
District 13 (Monmouth)
SYNOPSIS
Requires parents and guardians be provided access medical records of minor patients.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning patient medical records, amending P.L.1968, c.230, and supplementing P.L.1971, c.136 (C.26:2H-1 et seq.) and chapter 1 of Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1968, c.230 (C.9:17A-4) is amended to read as follows:
1. a. (1) The consent to the provision of medical or surgical care or services or a forensic sexual assault examination by a hospital or public clinic, or consent to the performance of medical or surgical care or services or a forensic sexual assault examination by a health care professional, when executed by a minor who is or believes that he or she may have a sexually transmitted infection, or who is at least 13 years of age and is or believes that he or she may be infected with the human immunodeficiency virus or have acquired immune deficiency syndrome, or by a minor who, in the judgment of the treating health care professional, appears to have been sexually assaulted, shall be valid and binding as if the minor had achieved the age of majority. Any such consent shall not be subject to later disaffirmance by reason of minority. In the case of a minor who appears to have been sexually assaulted, the minor's parents or guardian shall be notified immediately, unless the treating healthcare professional believes that it is in the best interests of the patient not to do so. Inability of the treating health care professional, hospital, or clinic to locate or notify the parents or guardian shall not preclude the provision of any emergency or medical or surgical care to the minor or the performance of a forensic sexual assault examination on the minor.
(2) As used in this subsection, "health care professional" means a physician, physician assistant, nurse, or other health care professional whose professional practice is regulated pursuant to Title 45 of the Revised Statutes.
b. When a minor believes
that he or she is adversely affected by a substance use disorder involving
drugs or is a person with a substance use disorder involving drugs as defined
in section 2 of P.L.1970, c.226 (C.24:21-2) or is adversely affected by an
alcohol use disorder or is a person with an alcohol use disorder as defined in
section 2 of P.L.1975, c.305 (C.26:2B-8), the minor's consent to treatment
under the supervision of a physician licensed to practice medicine, or an
individual licensed or certified to provide treatment for an alcohol use
disorder, or in a facility licensed by the State to provide for the treatment
of an alcohol use disorder, shall be valid and binding as if the minor had
achieved the age of majority. Any such consent shall not be subject to later
disaffirmance by reason of
minority. Treatment for an alcohol use disorder or a substance use disorder involving drugs that is consented to by a minor shall be considered confidential information between the physician, the treatment provider, or the treatment facility, as appropriate, and the patient, and neither the minor nor the minor's physician, treatment provider, or treatment facility, as appropriate, shall be required to report such treatment when it is the result of voluntary consent, except as may otherwise be required by law.
When a minor who is [sixteen] 16 years of age or older believes that he or she is in need of behavioral health care services for the treatment of mental illness or emotional disorders, the minor's consent to temporary outpatient treatment, excluding the use or administration of medication, under the supervision of a physician licensed to practice medicine, an advanced practice nurse, or an individual licensed to provide professional counseling under Title 45 of the Revised Statutes, including, but not limited to, a psychiatrist, licensed practicing psychologist, certified social worker, licensed clinical social worker, licensed social worker, licensed marriage and family therapist, certified psychoanalyst, or licensed psychologist, or in an outpatient health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), shall be valid and binding as if the minor had achieved the age of majority. Any such consent shall not be subject to later disaffirmance by reason of minority. Treatment for behavioral health care services for mental illness or emotional disorders that is consented to by a minor shall be considered confidential information between the physician, the individual licensed to provide professional counseling, the advanced practice nurse, or the health care facility, as appropriate, and the patient, and neither the minor nor the minor's physician, professional counselor, nurse, or outpatient health care facility, as appropriate, shall be required to report such treatment when it is the result of voluntary consent.
The consent of no other person or persons, including but not limited to, a spouse, parent, custodian, or guardian, shall be necessary in order to authorize a minor to receive such hospital services, facility, or clinical care or services, medical or surgical care or services, or counseling services from a physician licensed to practice medicine, an individual licensed or certified to provide treatment for an alcohol use disorder, an advanced practice nurse, or an individual licensed to provide professional counseling under Title 45 of the Revised Statutes, as appropriate, except that behavioral health care services for the treatment of mental illness or emotional disorders shall be limited to temporary outpatient services only.
c. Except as provided in subsections a. and b. of this section, and to the extent authorized under federal law, the parent or guardian of an unemancipated patient who is younger than 18 years of age shall be provided access to the patient's medical records without the need for the patient to authorize the parent or guardian to access the records.
(cf: P.L.2017, c.131, s.7)
2. (New section) Except as provided in subsections a. and b. of section 1 of P.L.1968, c.239 (C.9:17A-4), a health care facility licensed pursuant to P.L.1971, c.136 (C.26:3H-2 et seq.) shall provide the parent or guardian of an unemancipated patient who is younger than 18 years of age access to any of the patient's medical records that are in the facility's custody without the need for the patient to authorize the parent or guardian to access the records.
3. (New section) Except as provided in subsections a. and b. of section 1 of P.L.1968, c.239 (C.9:17A-4), a health care professional licensed pursuant to Title 45 or Title 52 of the Revised Statutes shall provide the parent or guardian of an unemancipated patient who is younger than 18 years of age access to any of the patient's medical records that are in the health care professional's custody without the need for the patient to authorize the parent or guardian to access the records.
4. (New section) The Commissioner of Health and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall promulgate such rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to implement the provisions of this act.
5. This act shall take effect immediately.
STATEMENT
This bill provides that, in general, health care facilities and health care professionals will be required provide the parent or guardian of an unemancipated patient who is younger than 18 years of age access to the patient's medical records without the need for the patient to authorize the parent or guardian to access the records.
This right of access will not apply in certain limited situations under current law where minor patients are authorized to consent to treatment and a parent's access to the patient's medical records may be restricted, including when: a minor appears to have been sexually assaulted and the treating practitioner determines it is not in the minor's best interests to notify the parent or guardian; a minor seeks treatment for a substance use disorder; or a minor over 16 years of age seeks temporary outpatient behavioral health treatment for mental illness or an emotional disorder.
