WEST virginia Legislature
2017 regular session
By
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to the Committee on Prevention and Treatment of Substance Abuse 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 an unemancipated minor's medical records for drug testing to his or her
parent or legal guardian without written consent from that minor.
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.
(a) 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,
in the form of a paper copy or, if requested and if the provider routinely
stores records electronically and has the ability to so provide, a copy in an
electronic format including, but not limited to, a copy saved upon a computer
disc, an electronically mailed copy or a copy saved upon a portable memory
device 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:
(1) In the case of a patient receiving treatment for
psychiatric or psychological problems, a summary of the record shall be made
available to the patient, his or her authorized agent or authorized
representative following termination of the treatment program.
(2) 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.
(b) Nothing in this article shall be construed to require
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 that unemancipated minor's written consent.
(c) This article does not apply to records subpoenaed or
otherwise requested through court process.
(d) 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.
(e) 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 that minor.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.