New Jersey S 2434: Prohibits reporting medical information of children without consent of parent or legal guardian.

Bill Text

S2434 

SENATE, No. 2434 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator ANTHONY M. BUCCO

District 25 (Morris and Passaic)

SYNOPSIS

���� Prohibits reporting medical information of children 
without consent of parent or legal guardian.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning the medical information of children and 
amending and supplementing various parts of Title 26 of the Revised Statutes.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1. (New section) a.� As used 
in this section, "health care provider" means a health care facility 
licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) or a health care 
professional whose practice is regulated pursuant to Title 45 of the Revised 
Statutes.

���� b.��� Notwithstanding the 
provision of any law, rule, order, regulation, or statute to the contrary, no 
information of a child shall be reported by a health care provider to, or 
otherwise shared with, the Department of Health, or any other local or State 
governmental employee or entity, without first obtaining the express, informed, 
and written consent of the child�s parent or legal guardian.� 

���� c.���� The provisions of this 
section shall not prohibit reporting or sharing a child�s information if a 
health care provider has reasonable cause to believe that the child has been 
subjected to child abuse, including sexual abuse. 

���� 2.� Section 6 of P.L.2001, 
c.373 (C.26:2-103.6) is amended to read as follows:� 

���� 6. a. The commissioner shall 
establish a central registry of newborns identified as having or being at risk 
of developing a hearing loss.� The information in the central registry shall be 
used for the purposes of compiling statistical information and providing 
follow-up counseling, intervention and educational services to the parents of 
the newborns listed in the registry.

���� b.��� A hospital, birthing 
center or health care professional who performs testing required by this act 
shall report the results of such testing when a hearing loss is indicated to 
the department in a manner and on forms prescribed by the commissioner.

���� c.���� No information shall 
be reported to, or otherwise shared with, the department pursuant to this 
section, without first obtaining the express, informed, and written consent of 
the child�s parent or legal guardian.� 

(cf: P.L.2001, c.373, s.6)

���� 3.� Section 4 of P.L.1995, 
c.328 (C.26:2-137.5) is amended to read as follows:

���� 4. a.� All lead screening 
blood samples collected by a physician, registered professional nurse or a 
health care facility pursuant to this act shall be sent to a laboratory 
licensed by the Department of Health, pursuant to the "New Jersey Clinical 
Laboratory Improvement Act," P.L.1975, c.166 (C.45:9-42.26 et seq.), for 
analysis of blood lead levels.

���� b. �� A laboratory which 
performs a lead screening test pursuant to this act shall report the test 
results to the department, the local health department in the municipality in 
which the child who is the subject of the test resides, and the physician, 
registered professional nurse or health care facility, agency or program that 
submitted the specimen, within five business days of obtaining the test result.

���� c.���� No information shall 
be reported to, or otherwise shared with, the Department of Health pursuant to 
this section, without first obtaining the express, informed, and written 
consent of the child�s parent or legal guardian.� 

(cf: P.L.1995, c.328, s.4)

���� 4. Section 2 of P.L.2007, 
c.170 (C.26:2-186) is amended to read as follows:� 

���� 2. a. A physician, 
psychologist, and any other health care professional licensed pursuant to Title 
45 of the Revised Statutes who is qualified by training to make the diagnosis 
and who then makes the diagnosis that a child has an autism spectrum disorder 
shall report this diagnosis to the Department of Health in a form and manner 
prescribed by the Commissioner of Health.

���� b.��� The report shall be in 
writing and shall include the name and address of the person submitting the 
report, the name, age, place of birth, and address of the child diagnosed as 
having an autism spectrum disorder, and other pertinent information as may be required 
by the commissioner [; 
except that, if the child's parent or guardian objects to the reporting of the 
child's diagnosis for any reason, the report shall not include any information 
that could be used to identify the child].

���� c.���� The commissioner shall 
specify procedures for the health care professional to inform the child's 
parent or guardian of the requirements of subsections a. and b. of this section 
and the purpose served by including this information in the registry established 
pursuant to section 3 of P.L.2007, c.170 (C.26:2-187) [, as well as