HOUSE DOCKET, NO. 3316        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3726

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Shaunna L. O'Connell

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to protect parental access to children’s healthcare information.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Shaunna L. O'Connell

3rd Bristol

1/17/2019


HOUSE DOCKET, NO. 3316        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3726

By Mrs. O'Connell of Taunton, a petition (accompanied by bill, House, No. 3726) of Shaunna L. O'Connell relative to access to healthcare information by parents or legal guardians of minors.  Public Health.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act to protect parental access to children’s healthcare information.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 12F of chapter 112 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following paragraph:- 

The parent or legal guardian of a minor shall have complete and unrestricted access to all information and records kept in connection with the care of said minor unless: (i) such information or records relate to care given with the minor’s consent pursuant to 1 or more of the specific conditions pursuant to this section permitting minor consent and requiring confidentiality; or (ii) there is a reasonable suspicion of abuse, domestic violence or neglect of the minor pursuant to section 51A of chapter 119.  Such information and records shall include, but not be limited to, physical records, electronic records, any online account, portal, or communication platform to which the minor has access, or any other information to which the minor has access. Any physician, dentist, hospital, clinic or infirmary shall provide such information or records that do not explicitly require confidentiality to the parent or guardian of the minor upon request; and shall be liable, civilly and criminally, for withholding such information or records from a parent or guardian unless 1 or more of the conditions above apply and require the information or records to be kept confidential.