Children

Plain English Breakdown

The official source material does not mention the provision about school employees providing first aid without parental consent.

Expanding Parental Access to Minor's Health Records

This bill changes Tennessee laws to allow parents or guardians of unemancipated minors to access more types of health records.

What This Bill Does

• Allows parents, legal guardians, or custodians to view mental health treatment, medical, rehabilitation, and prescription records for their unemancipated minor children.
• Gives parents the right to access hospital records even if the child received treatment without parental consent.

Who It Names or Affects

• Parents, legal guardians, or custodians of unemancipated minors

Terms To Know

Unemancipated minor

A child under the age of majority (usually 18) and not legally independent from their parents or guardians.

Healthcare provider

Doctors, hospitals, clinics, and other places that give medical care.

Limits and Unknowns

• The bill does not specify how healthcare providers must handle requests for records.
• It is unclear if there are any exceptions to the new rules about school employees providing first aid.

Official Summary Text

Present law authorizes a
child
'
s parent, legal guardian, or legal cust
odian
to have
access
to
any prescription records resulting from treatment provided to
their
unemancipated minor
. This bill adds that

a
child
'
s parent, legal guardian, or legal custodian
also

has
access
to
all mental health treatment, medical,
and
rehabili
tation
records
resulting from treatment provided to
the
unemancipated minor
.

FAMILIES' RIGHTS AND RESPONSIBILITIES ACT

The Families' Rights and Responsibilities Act establishes certain fundamental rights of a
parent to the care, custody, and control o
f 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 parents, which includes
an individual who has been granted decision-making authority over th
e child under state law
, access to the records described above
.

HOSPITAL RECORDS

This bill authorizes a parent to access hospital records
even if the treatment was provided without parental consent
. This includes,
but
is
not limited to
, treatment of a s
exually transmitted disease, provision of contraception or contraception information, treatment for drug abuse, treatment of a minor in an emergency, or provision of prenatal and peripartum care for minors.

EMPLOYEES OF LEAS CONTROLLING BLEEDING

Present
law generally requires parental consent for the treatment of minors, with a few exceptions. One exception is for an employee of a local education agency to control bleeding using a bleeding control kit. This bill adds to that exception that a
n employee
of a local education agency
may also p
rovide bandages, gauze, or ice packs for the treatment of minor cuts, scrapes, bumps, and bruises.

Current Bill Text

<BillNo> <Sponsor>

SENATE BILL 25
By Pody

SB0025
000087
- 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, and 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 - 000087

SECTION 4. Tennessee Code Annotated, Section 68-11-304(j), is amended by deleting
"prescription records" wherever it appears and substituting "medical treatment and 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 63-1-176, 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 7. This act takes effect upon becoming a law, the public welfare requiring it.