HB2743 H PS AM #1 1-30
Webb 3238
The Committee on Political Subdivisions moves to amend the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
“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.”
Adopted
Rejected