Report Title:

Child Protective Act; Disclosure of Records; Health Care Providers

Description:

Allows all licensed health care providers to share medical information with other licensed health care providers of children under the child protective services system. (SD1)

THE SENATE

S.B. NO.

1199

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to medical records.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 587-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Health care provider" means a person who is licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or practice of a profession."

SECTION 2. Section 587-87, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) If a child is active in the child protective service system, [physicians] health care providers may share with other [physicians,] health care providers, in accordance with federal and state statutes and regulations, orally or in writing, or both, medical information without parental consent[.], unless there is an order of the court to the contrary, and provided that:

(1) Prior to the sharing of information, the identity of the health care provider is confirmed in writing or by any other means that provides a reasonable assurance that the person requesting the information is a licensed health care provider; and

(2) A record of the identity of the health care provider and the information provided is included in the child's case record, and is shared with the assigned child welfare services worker for inclusion into the child's case record.

(c) Any records or information released to a foster child's foster parents, or the foster child's principal treating physician pursuant to subsection (a), or any information shared by one [physician] health care provider with another [physician] health care provider pursuant to subsection (b), shall remain confidential in accordance with section 350-1.4."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.