SB 259

MEDICAL RECORDS Mental Health If a child with serious emotional disturbance or mental illness is 16 or older, present law provides, with certain exceptions, that the child has the same rights as an adult with respect to treatment, medication decisions, confidential information, and p articipation in conflict resolution procedures. However, a child's parent, legal guardian, or legal custodian may access prescription records resulting from such treatment provided to an unemancipated minor. This bill adds that such parent, guardian, or c ustodian may also access all mental health treatment, medical, and rehabilitation records resulting from such treatment. However, present law provides that the above outlined exception is not available if the treating professional is required to report abuse of the unemancipated minor and believes that parental access to the prescription records is reasonably likely to end anger the life or physical safety of the minor. This bill adds that when such circumstances are met, such access to mental health treatment, medical, or rehabilitation records is also prohibited. Health Facilities and Resources Present law provides that hospital records are, and must remain, the property of the various hospitals, subject, however, to a court order to produce the records. However, if an unemancipated minor receives medical treatment, then the minor's parent, le gal guardian, legal custodian, or other person with medical decision-making authority for such minor may access, and a healthcare provider or healthcare facility must provide, any prescription records resulting from medical treatment of the minor, even if t he treatment was provided to the unemancipated minor without parental consent, including treatment provided for a sexually transmitted disease, contraceptives, drug abuse treatment, emergency medical or surgical treatment, or prenatal and peripartum care for minors. This bill authorizes such access to all medical treatment records in addition to the above-authorized prescription records. "Medical treatment"" means any step taken to effect a cure of an injury or disease, and includes (i) examination, (ii) d iagnosis, (iii) application of remedies; (iv) and any medical procedure. However, present law prohibits a child's parent, legal guardian, or legal custodian from accessing prescription records if the treating professional is required to report abuse of the unemancipated minor and believes that such access is reasonably likely to endanger the life or physical safety of the minor. This bill adds that when such circumstances are met, such access to medical treatment records is also prohibited. VACCINATIONS AND MEDICAL TREATMENT Present law prohibits a healthcare provider from vaccinating a minor unless the provider first receives the parent or legal guardian's informed consent. The healthcare provider must document receipt of, and include in the minor's medical record proof of, such prior consent. This bill adds to this prohibition that a healthcare provider must not perform medical treatment on a minor unless the provider first receives informed consent and such consent must also be recorded. However, this bill authorizes a licensed medical, surgical or osteopathic physician to perform emergency medical treatment on a minor, only after a reasonable effort is made to notify the minor's parents or guardian, if known or readily ascertainable, de spite the absence of informed consent from a parent or guardian or a court order. PARENTAL FUNDAMENTAL RIGHTS Present law establishes certain fundamental rights of a parent to the care, custody, and control of the parent's child, including the right to direct the health care and mental health of the child. This bill specifically adds to the fundamental rights given to parents, which includes an individual who has been granted decision-making authority over the child under state law, access to the records described above. MEDICAL ATTENTION AT SCHOOL Present law generally requires parental consent for the treatment of minors. However, an employee of a local education agency (LEA) may act without prior parental consent to control bleeding using a bleeding control kit. This bill adds to this exceptio n that an employee of an LEA may also provide bandages, gauze, or ice packs for the treatment of minor cuts, scrapes, bumps, and bruises. ON APRIL 14, 2026, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 259, AS AMENDED. AMENDMENT #2 clarifies that, to the extent allowable by federal privacy laws and regulations, a child's parent, legal guardian, or legal custodian may access prescription records and rehabilitation records resulting from treatment provided to an unemancipated minor . ""PRESCRIPTION RECORDS"" DEFINED This amendment defines "" p rescription records"" as documents, data, or other recorded information created, maintained, or transmitted by a licensed healthcare provider, pharmacy, or other authorized entity that relate to prescribing, dispensing, or administering of medication to a patient . ""REHABILITATION RECORDS"" DEFINED This amendment defines "" r ehabilitation records"" as records concerning a diagnosis, treatment recommendation, discharge summary, or prescribed course of action provided by a healthcare provider to a patient in connection with rehabilitation services . Such records do not include personal notes, statements, or communications originating from the patient that are documented, interpreted, or formalized by the provider as part of the medical record. SUICIDAL IDEATIONS REPORTING If an unemancipated minor communicates suicidal ideations to the treating professional, and the professional, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, h as determined or reasonably should have determined that the unemancipated minor has the apparent ability to attempt suicide and is likely to attempt suicide unless prevented from doing so, then this amendment requires the treating professional, in addition to any other duties required by law, to report such suicidal ideations to the unemancipated minor's parent, legal guardian, or legal custodian. MEDICAL RECORDS - HEALTH FACILITIES AND RESOURCES This amendment removes the provisions summarized under the subheading "" Health Facilities and Resources "" in the bill summary above. VACCINATIONS AND MEDICAL TREATMENT This amendment removes the provisions summarized above under the heading "" VACCINATIONS AND MEDICAL TREATMENT "" in the bill summary above. PARENTAL FUNDAMENTAL RIGHTS This amendment removes the provisions summarized under the heading "" PARENTAL FUNDAMENTAL RIGHTS "" in the bill summary above, and provides, instead, that it is a fundamental right for a parent to access and review a child's medical records, including prescription records and rehabilitation records as defined in this amendment. MEDICAL ATTENTION AT SCHOOL This amendment removes the provisions summarized under the heading "" MEDICAL ATTENTION AT SCHOOL "" in the bill summary above and, instead, authorizes an employee of a public institution of higher education to act without prior parental consent to control bleeding of a minor using a bleeding control kit."