AB 806

Generally, under current law, the parent or guardian of a minor is entitled to access to the minor’s health records, with certain exceptions. This bill makes various changes to parent and guardian access to minors’ health records.

Under current law, the parent or guardian of a developmentally disabled minor is entitled to access to the minor’s court and mental health treatment records

except

if the minor is at least 14 years old and files a written objection. The bill eliminates the exception.

Current law allows a minor who is at least 14 years old to consent to HIV testing without parental consent, and the parent or guardian generally would not be entitled to disclosure of the test results without informed consent of the minor. The bill allows parents and guardians access to the records.

The bill leaves in place the current law provision that a parent who has been denied physical placement with a minor is not entitled to access the minor’s health care records. The bill adds that a parent of a minor who has been found in need of protection or services because of the parent’s action or inaction is not entitled to access the minor’s health care records.

Consistent with existing federal regulations, the bill does not change access to records relating to alcohol and other drug treatment a minor legally obtains without parental consent. The bill also does not alter a health care provider’s authority under federal law to limit access to records in certain circumstances when there is suspected abuse or the provider believes the release of the information could endanger the minor.