Official Summary Text
MEDICAL RECORDS
Mental Health
If a child with ser
ious emotional disturbance or mental illness i
s
16 or older,
present law provides, with certain exceptions, that
the child has the same rights as an adult with respect
to
treatment, medication decisions, confidential information, and participation in confl
ict resolution procedures
. However, a
child's parent, legal guardian, or legal custodian may access prescription records resulting from
such
treatment provided to an unemancipated minor
. This bill adds that such
parent, guardian, or custodian may
also
ac
cess
all mental health treatment, medical,
and
rehabilitation
records
resulting from
such
treatment
.
However, present law provides that the above outlined exception is not available
if the treating professional is required to report abuse of the unemanci
pated minor
and
believes that
parental
access to the prescription records is reasonably likely to endanger the life or physical safety of the minor
. This bill adds that when such circumstances are met, such access to
mental health treatment, medical,
or
r
ehabilitation
records is also prohibited.
Health Facilities and Resources
Present law provides that h
ospital records are
,
and must remain
,
the property of the various hospitals, subject, however, to
a
court order to produce the records
. However, i
f an
unemancipated minor receives medical treatment, then the minor's parent, legal guardian, legal custodian, or other person with medical decision-making authority for
such
minor may access, and a healthcare provider or healthcare facility
must
provide, any
prescription records resulting from medical treatment of the minor, even if the treatment was provided to the unemancipated minor without parental consent, including
treatment provided
for a sexually transmitted disease, contraceptives, drug abuse treatmen
t,
emergency medical or surgical treatment
, or
p
renatal and peripartum care for minors
.
This bill authorizes such access to all medical treatment records in addition to the above-authorized prescription records.
"Medical treatment"
m
eans any step taken
to effect a cure of an injury or disease
, and includes (i) e
xamination
, (ii) d
iagnosis
, (iii) a
pplication of remedies
; (iv) and any
medical procedure
.
However, present law prohibits
a child's parent, legal guardian, or legal custodian
from
access
ing
pres
cription records
if
the treating professional is required to report abuse of the unemancipated minor and believes that
such
access is reasonably likely to endanger the life or physical safety of the minor.
This bill adds that when such circumstances are m
et, such access to
medical treatment records is also prohibited.
VACCINATIONS AND MEDICAL TREATMENT
Present law prohibits a
healthcare provider
from vaccinating
a
minor unless the provider first receives
the
parent or legal guardian
's
informed consent.
The healthcare provider
must
document receipt of, and include in the minor's medical record proof of, such prior consent.
This bill adds to this prohibition that a
healthcare provider
must not
perform medical treatment on a minor unless the provider fir
st receives informed consent
and such consent must also be recorded.
However, this bill authorizes
a
licensed medical, surgical or osteopathic
physician
to
perform emergency medical treatment on a minor
,
only after a reasonable effort is made to notify
the minor's parents or guardian, if known or readily ascertainable
,
despite the absence of informed consent from a parent or guardian or a court order.
PARENTAL FUNDAMENTAL RIGHTS
Present law
establishes certain fundamental rights of a parent to the care, custody, and control of the parent's child, including the right to direct the health care and mental health of the child. This bill specifically adds to the fundamental rights given to pare
n
ts, which includes an individual who has been granted decision-making authority over the child under state law, access to the records described above.
MEDICAL ATTENTION AT SCHOOL
Present law generally requires parental consent for the treatment of minors.
However,
an employee of a local education agency
(LEA)
may act without prior parental consent to
control bleeding using a bleeding control kit. This bill adds to th
is
exception
that an employee of a
n LEA
may also provide bandages, gauze, or ice packs for the treatment of minor cuts, scrapes, bumps, and bruises.
Current Bill Text
Read the full stored bill text
SENATE BILL 259
By Pody
HOUSE BILL 853
By Reneau
HB0853
001454
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 33;
Title 36; Title 37; Title 49; Title 63 and Title 68,
relative to healthcare treatment of minors.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 33-8-202, is amended by deleting
subdivision (c)(1) and substituting:
(1) A child's parent, legal guardian, or legal custodian may access all mental
health treatment, medical, rehabilitation, and prescription records resulting from
treatment provided to an unemancipated minor pursuant to this section;
SECTION 2. Tennessee Code Annotated, Section 33-8-202(c)(2), is amended by
deleting "prescription records" wherever it appears and substituting "mental health treatment,
medical, rehabilitation, or prescription records".
SECTION 3. Tennessee Code Annotated, Section 68-11-304, is amended by deleting
subsection (i) and substituting:
(i) If an unemancipated minor receives medical treatment, then the minor's
parent, legal guardian, legal custodian, or other person with medical decision-making
authority for the unemancipated minor may access, and a healthcare provider or
healthcare facility shall provide access to, all medical treatment and prescription records
resulting from medical treatment of the minor, even if the treatment was provided to the
unemancipated minor without parental consent, including, but not limited to, treatment
provided pursuant to § 68-10-104(c), § 68-34-107, § 63-6-220, § 63-6-222, or § 63-6-
223.
- 2 - 001454
SECTION 4. Tennessee Code Annotated, Section 68-11-304(j), is amended by deleting
"prescription records" wherever it appears and substituting "medical treatment or prescription
records".
SECTION 5. Tennessee Code Annotated, Section 36-8-103, is amended by deleting
subdivision (c)(4) and substituting:
(4) To access and review all health and medical records of the child, including
health and medical records related to treatments available to unemancipated minors
without parental consent;
SECTION 6. Tennessee Code Annotated, Section 63-1-165(b), is amended by adding
the following as new subdivisions:
( ) "Medical procedure" means a course of action intended to achieve a result in
the delivery of health care;
( ) "Medical treatment":
(A) Means any step taken to effect a cure of an injury or disease; and
(B) Includes examination; diagnosis; the application of remedies; and the
use of a medical procedure, regardless of whether the medical procedure is
invasive or non-invasive;
SECTION 7. Tennessee Code Annotated, Section 63-1-165(c)(1), is amended by
deleting the first sentence and substituting:
A healthcare provider shall not provide a vaccination to or perform medical
treatment on a minor unless the healthcare provider first receives informed consent from
a parent or legal guardian of the minor.
SECTION 8. Tennessee Code Annotated, Section 63-1-165(c), is amended by adding
the following as a new subdivision:
- 3 - 001454
(5) Notwithstanding subdivision (c)(1), a physician licensed pursuant to chapter
6 or 9 of this title may perform emergency medical treatment on a minor in compliance
with § 63-6-222, despite the absence of informed consent from a parent or guardian or a
court order.
SECTION 9. Tennessee Code Annotated, Section 63-1-176, is amended by deleting
subdivision (c)(6) and substituting:
(6) An employee of a local education agency:
(A) Acts to control bleeding using a bleeding control kit pursuant to § 49-
2-137; or
(B) Provides bandages, gauze, or ice packs for the treatment of minor
cuts, scrapes, bumps, and bruises.
SECTION 10. This act takes effect upon becoming a law, the public welfare requiring it.