HOUSE BILL No. 5983


     April 30, 2002, Introduced by Reps. Scranton and Godchaux and referred to the Committee on Criminal Justice.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   (MCL 333.1101 to 333.25211) by adding sections 16290 and 20175a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             SEC. 16290.  (1) IF A LICENSEE OR REGISTRANT HAS TREATED A

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        PATIENT WHO IS A MINOR AND IS THE HOLDER OF MEDICAL RECORDS OR

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        OTHER HEALTH CARE INFORMATION PERTAINING TO THE MINOR, IF A

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        PARENT OF THE MINOR PATIENT IS PROHIBITED BY A PERSONAL PROTEC-

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        TION ORDER ISSUED UNDER SECTION 2950 OR 2950A OF THE REVISED

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        JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.2950 AND 600.2950A,

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        FROM HAVING ACCESS TO INFORMATION IN RECORDS CONCERNING THE MINOR

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        THAT WILL INFORM THE PARENT ABOUT THE MINOR'S OR OTHER PARENT'S

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        ADDRESS OR TELEPHONE NUMBER OR THE OTHER PARENT'S EMPLOYMENT

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        ADDRESS, AND IF THE LICENSEE OR REGISTRANT HAS RECEIVED A COPY OF

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        THE PERSONAL PROTECTION ORDER, THE LICENSEE OR REGISTRANT SHALL


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        NOT RELEASE THAT INFORMATION TO THE PARENT WHO IS SUBJECT TO THE

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        PERSONAL PROTECTION ORDER UNLESS THE ORDER EXPIRES OR THE

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        LICENSEE OR REGISTRANT RECEIVES A COPY OF A NEW OR MODIFIED COURT

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        ORDER PERMITTING ACCESS TO THE INFORMATION.  A LICENSEE OR REGIS-

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        TRANT WHO MAKES A REASONABLE EFFORT TO COMPLY WITH THIS SECTION

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        IS NOT CIVILLY OR CRIMINALLY LIABLE OR SUBJECT TO A REMEDY OR

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        PENALTY AVAILABLE IN THIS ARTICLE FOR FAILURE TO COMPLY WITH THIS

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        SECTION.

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             (2) A HOLDER OF MEDICAL RECORDS OR OTHER HEALTH CARE INFOR-

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        MATION PERTAINING TO THE MINOR MAY CHARGE THE PERSON MAKING THE

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        REQUEST FOR RECORDS A REASONABLE AMOUNT TO REDACT INFORMATION IN

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        THE REQUESTED MEDICAL RECORDS OR INFORMATION.

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             SEC. 20175A.  (1) IF A HEALTH FACILITY OR AGENCY IN WHICH A

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        MINOR HAS RECEIVED HEALTH CARE TREATMENT OR SERVICES IS THE

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        HOLDER OF MEDICAL RECORDS OR OTHER HEALTH CARE INFORMATION PER-

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        TAINING TO THE MINOR, IF A PARENT OF THE MINOR PATIENT IS PROHIB-

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        ITED BY A PERSONAL PROTECTION ORDER ISSUED UNDER SECTION 2950 OR

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        2950A OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL

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        600.2950 AND 600.2950A, FROM HAVING ACCESS TO INFORMATION IN

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        RECORDS CONCERNING THE MINOR THAT WILL INFORM THE PARENT ABOUT

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        THE MINOR'S OR OTHER PARENT'S ADDRESS OR TELEPHONE NUMBER OR THE

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        OTHER PARENT'S EMPLOYMENT ADDRESS, AND IF THE HEALTH FACILITY OR

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        AGENCY HAS RECEIVED A COPY OF A PERSONAL PROTECTION ORDER, THE

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        HEALTH FACILITY OR AGENCY SHALL NOT RELEASE THAT INFORMATION TO

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        THE PARENT WHO IS SUBJECT TO THE PERSONAL PROTECTION ORDER UNLESS

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        THE ORDER EXPIRES OR THE HEALTH FACILITY OR AGENCY RECEIVES A

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        COPY OF A NEW OR MODIFIED COURT ORDER PERMITTING ACCESS TO THE



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        INFORMATION.  A HEALTH FACILITY OR AGENCY THAT MAKES A REASONABLE

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        EFFORT TO COMPLY WITH THIS SECTION IS NOT CIVILLY OR CRIMINALLY

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        LIABLE OR SUBJECT TO A REMEDY OR PENALTY AVAILABLE IN THIS ARTI-

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        CLE FOR FAILURE TO COMPLY WITH THIS SECTION.

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             (2) A HOLDER OF MEDICAL RECORDS OR OTHER HEALTH CARE INFOR-

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        MATION PERTAINING TO THE MINOR MAY CHARGE THE PERSON MAKING THE

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        REQUEST FOR RECORDS A REASONABLE AMOUNT TO REDACT INFORMATION IN

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        THE REQUESTED MEDICAL RECORDS OR INFORMATION.

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             Enacting section 1.  This amendatory act takes effect

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        July 1, 2002.




































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