Bill > HB377

This bill revises Montana law regarding parents' access to their children's healthcare information, expanding and clarifying parental rights while also establishing important safeguards. The legislation requires healthcare providers to provide parents with their child's health information within 10 days of request, either by allowing examination or providing a copy, and mandates that providers inform parents if the requested information does not exist or cannot be found. However, the bill also creates specific exceptions where parents may be denied access to their child's health information, such as when the parent is under investigation for child abuse, when a government entity is the child's legal guardian, when a court order limits parental access, or when the healthcare provider reasonably believes that releasing the information could endanger the child's life or physical safety. Additionally, the bill removes a previous provision that allowed only minors who were authorized to consent to healthcare to exclusively control access to their medical information. The changes aim to balance parental rights with child protection, ensuring that parents can generally access their children's medical records while maintaining safeguards for children's safety in potentially abusive or dangerous situations.

Health and Social Services

https://bills.legmt.gov/#/laws/bill/2/LC3068