Introduced Version
House Bill 2485 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2485
(By Delegates Sobonya and Border)
[Introduced February 15, 2013; referred to the
Committee on Health and Human Resources then the
Judiciary.]
A BILL to amend and reenact §16-29-1 of the Code of West Virginia,
1931, as amended, relating to health care records; and
requiring the release of a minor's medical records for drug
testing to natural parent or legal guardian.
Be it enacted by the Legislature of West Virginia:
That §16-29-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 29. HEALTH CARE RECORDS.
§16-29-1. Copies of health care records to be furnished to
patients.
Any A licensed, certified or registered health care provider
so licensed, certified or registered under the laws of this state
shall, upon the written request of a patient, his
or her
authorized
agent or authorized representative, within a reasonable time, furnish a copy, as requested, of all or a portion of the patient's
record to the patient, his
or her
authorized agent or authorized
representative subject to the following exceptions:
(a) In the case of a patient receiving treatment for
psychiatric or psychological problems, a summary of the record
shall must be made available to the patient, his
or her
authorized
agent or authorized representative following termination of the
treatment program.
(b) Nothing in this article shall be construed to requires a
health care provider responsible for diagnosis, treatment or
administering health care services in the case of minors for birth
control, prenatal care, drug rehabilitation or related services or
venereal disease according to any provision of this code, to
release patient records of such diagnosis, treatment or provision
of health care as aforesaid to a parent or guardian, without prior
written consent therefor from the patient, nor shall anything in
this article be construed to apply to persons regulated under the
provisions of chapter eighteen of this code or the rules and
regulations established thereunder: Provided, That a health care
provider licensed, certified or registered under the laws of this
state
must release an
unemancipated minor's drug testing
patient
record
information to a parent or legal guardian without
an
unemancipated minor's written consent.
(c) The furnishing of a copy, as requested, of the reports of X-ray examinations, electrocardiograms and other diagnostic
procedures shall be deemed to comply with the provisions of this
article: Provided, That original radiological study film from a
radiological exam conducted pursuant to a request from a patient or
patient's representative shall be provided to the patient or
patient's representative upon written request and payment for the
exam. The health care provider shall is not be required to
interpret or retain copies of the film and shall be is immune from
liability resulting from any action relating to the absence of the
original radiological film from the patient's record.
(d) This article shall does not apply to records subpoenaed or
otherwise requested through court process.
(e) The provisions of this article may be enforced by a
patient, authorized agent or authorized representative, and any
health care provider found to be in violation of this article shall
pay any attorney fees and costs, including court costs incurred in
the course of such enforcement.
(f) Nothing in this article shall be construed to apply to
health care records maintained by health care providers governed by
the AIDS-related medical testing and records confidentiality act
under the provisions of article three-c of this chapter.
NOTE: The purpose of this bill is to require health care
providers to release unemancipated minor's medical records for drug
testing to a parent or legal guardian without written consent from minor.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.