Virginia SB 431: Provision of mental health services to a minor; access to health records.

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2020 SESSION

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20100739D

SENATE BILL NO. 431 

Offered January 8, 2020 

Prefiled January 7, 2020 

A BILL to amend and reenact �� 20-124.6 and 54.1-2915 of the 
 Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 35 of Title 54.1 a section 
 numbered 54.1-3506.2 and by 
 adding in Chapter 36 of Title 54.1 a section numbered 54.1-3617, 
 relating to provision of mental health services to a minor; access to health 
 records. 
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Patron-- Surovell 

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Referred to Committee on Education and Health 

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Be it enacted by the General Assembly of Virginia:

1. That �� 20-124.6 and 54.1-2915 of the Code of Virginia are 
 amended and reenacted and that the Code of Virginia is amended by adding in Article 1 of Chapter 35 of Title 54.1 a section 
 numbered 54.1-3506.2 and by 
 adding in Chapter 36 of Title 54.1 a section numbered 54.1-3617 as 
 follows:

� 20-124.6. Access to minor's records.

A. Notwithstanding any other provision of law, neither parent, 
 regardless of whether such parent has custody, shall be denied access to the 
 academic or health records of that parent's minor child unless otherwise 
 ordered by the court for good cause shown or pursuant to subsection B.

B. In the case of health records, access may also be denied if 
 the minor's treating physician or the minor's treating clinical psychologist 
 has made a part of the minor's record a written statement that, in the exercise 
 of his professional judgment, the furnishing to or review by the requesting 
 parent of such health records would be reasonably likely to cause substantial 
 harm to the minor or another person. If a health care entity denies a parental 
 request for access to, or copies of, a minor's health record, the health care 
 entity denying the request shall comply with the provisions of subsection F of 
 � 32.1-127.1:03. The minor or his parent, either or both, shall have the right 
 to have the denial reviewed as specified in subsection F of � 32.1-127.1:03 to 
 determine whether to make the minor's health record available to the requesting 
 parent.

C. No health 
 care provider shall refuse to provide mental health 
 services to a minor solely on the basis 
 that a parent of such minor 
 does not consent to 
 having his access to the health 
 records of such minor limited or denied 
 for any reason other than those provided in subsections A and B.

D. For 
 the purposes of this section, the meaning of the term 
 "health record" or the plural thereof 
 and the term 
 "health care entity" shall 
 be as "health care entity," "health care 
 provider," and "health record" mean the same as those terms are 
 defined in subsection B of � 32.1-127.1:03.

� 54.1-2915. Unprofessional conduct; grounds for refusal or 
 disciplinary action.

A. The Board may refuse to issue a certificate or license to 
 any applicant; reprimand