During the legislative session that recently concluded, state lawmakers passed a bill (SB 259/HB 853) amending the Family Rights and Responsibility Act. It gives parents and legal guardians the right to request and access medical records of their children – including contraceptive care and mental health treatment that teens can get without parental consent.
Many questions have surfaced about this new bill. Here are some answers:
What do parents have access to? All health and medical records in terms of diagnosis, treatment recommendation, and discharge summary of a minor, including mental health records, rehabilitation records, and prescription records, even if the minor sought the treatment without parental consent.
What is a “medical record”? All medical histories, records, reports and summaries, diagnoses, prognoses, records of treatment and medication ordered and given, X-ray and radiology interpretations, physical therapy charts and notes and lab reports.
What are “prescription records”? Documents, data, or other recorded information created, maintained, or transmitted by a licensed healthcare provider, pharmacy, or other authorized entity that relate to prescribing, dispensing, or administering of medication to a patient, including written, electronic, or verbal prescriptions, medication orders, dosage instructions, refill authorizations, dispensing logs, pharmacy records, and modifications, renewals, or cancellations of a prescription.
What are “rehabilitation records”? Records concerning a diagnosis, treatment recommendation, discharge summary, or prescribed course of action provided by a healthcare provider to a patient in connection with rehabilitation services.
Does this include notes? The law states it does not include personal notes, statements, or communications originating from the patient that are documented, interpreted, or formalized by the provider as part of the medical record.
Does it include progress notes? TPCA is seeking clarification on this.
Does the new law apply to STD testing and contraceptives? Yes. Parents/guardians can request and review records of STD treatment, testing and birth control provided to the minor without parental consent UNLESS doing so would endanger the life or physical safety of the minor.
What is the effective date? The bill went into law upon the governor’s signature on May 5.
We have a release form for minors to sign in order to release their records. Are we required to change them? The law does not specifically require that. But it is important that your patients understand that while their medical records are confidential, under Public Chapter 883 passed by the Tennessee General Assembly, their parents/guardians can request to review those medical records, including treatment for STDs and contraception. A best practice would be to update your forms or provide a secondary form that alerts them to this change in law.
More questions? Insights? Contact Alisa LaPolt, Health Policy Director.
Contributed by Alisa LaPolt.
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