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HB2989 - 572R - I Ver
REFERENCE TITLE:
family court; records; access; confidentiality
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2989
Introduced by
Representative
Keshel
AN
ACT
amending section 25-403.06, arizona
revised statutes; relating to legal decision-making and parenting time.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 25-403.06, Arizona Revised
Statutes, is amended to read:
START_STATUTE
25-403.06.
Parental access to prescription medication and records; address
confidentiality; immunity; burden of proof
A. Unless otherwise provided by court order or law,
on reasonable request both parents are entitled to have equal access to
prescription medication, documents and other information concerning the child's
education and physical, mental, moral and emotional health
,
including medical, school, police, court and other records
,
directly from the custodian of the records or from the other parent.
B. A person who does not comply with a reasonable
request shall reimburse the requesting parent for court costs and attorney fees
incurred by that parent to force compliance with this section.
C. A parent with joint legal custody shall not
designate one pharmacy in a single location as the only source of the child's
prescription medication without
the
agreement of the
other parent.
D. A parent who attempts to restrict the release of
documents or information by the custodian or attempts to withhold prescription
medication without a prior court order is subject to appropriate legal
sanctions.
e. If a parent or a child is a
participant in the address confidentiality program pursuant to section 41-162
or is protected by an order of protection or an injunction against harassment,
or if a court has determined the parent or child has been subject to an act of
domestic violence or coercive control, the court shall restrict access to the
child's records pursuant to this section as necessary to protect the parent's
confidentiality and safety. The court may do any of the following:
1. order the Revocation of the
offending parent's access to a child's records pursuant to this
section. A court may order the revocation of a parent's access to a
child's records only when it has been shown by a preponderance of the evidence
that the parent has used the access rights pursuant to this section to
endanger, harass, abuse, stalk, obtain a protected or substitute address or
facilitate coercive control of the other parent or the child.
2. require that a child's records
that are requested pursuant to this section be exchanged through electronic
means.
3. Prohibit direct contact between
the requesting parent and the child's providers.
4. order the Redaction of identifying
location INFORMATION, including all of the following:
(
a
) protected
or substitute home addresses.
(
b
) Telephone
numbers.
(
c
) email
addresses.
(
d
) the child's
appointment locations.
(
e
) The
identities of a provider's staff.
5. Limit and define the child's
records that are required to be provided, including all of the following:
(
a
) Provider
visit summaries.
(
b
) Provider
billing documents.
(
c
) Report
Cards.
(
d
) Provider
progress reports.
(
e
) Physician
recommendations and prescriptions.
6. Require the requesting parent to
show good cause before the issuance of a subpoena for the child's records.
F. A child's provider is not CIVILLY
or administratively liable for the good faith refusal to release a child's
records pursuant to this section if the provider's refusal is based on any of
the following:
1. An order of protection.
2. a parent's or child's
Participation in the address confidentiality program pursuant to section
41-162.
3. A court order.
4. A written instruction from a
court.
G. IN a matter involving domestic
violence, stalking, coercive control or participation in the address
confidentiality program pursuant to section 41-162, the burden is on the
requesting parent to demonstrate by clear and convincing evidence that the
requested access is necessary and cannot be provided through any alternative
means.
END_STATUTE