6110-S AAS 2/12/94 S5173.1

 

 

 

SSB 6110 - S AMD

By Senator Roach

 

                                                   ADOPTED 2/12/94

 

    On page 1, line 5, before "Sec. 1." insert the following:

 

    "NEW SECTION.  Sec. 1.  It is the intent of the legislature that parents or guardians of minor children should have access to information regarding the family medical history of their children.  This information will enable medical professionals to provide appropriate health care to children.  It is also the intent of the legislature to recognize that each person has a privacy interest in his or her family medical history.  The legislature intends to limit access to this information in order to respect this interest."

 

    Renumber the sections consecutively and correct any internal references accordingly.

 

    On page 1, line 7, before "In" insert "(1)"

 

    On page 1, after line 18, insert the following:

    "(2) In order to meet the requirement of providing family medical history under subsection (1) of this section, the parent shall submit a written statement describing any medical attribute, diagnosis or disease in the parent's immediate family that is generally accepted to be medically linked to the health of the child, such as medically accepted genetic traits or abnormalities, and that would facilitate the proper health care of the child.  For purposes of this section, "immediate family" means parents, siblings, grandparents, aunts, uncles and first cousins.

    (3) Absent a court order, a parent is not required to make inquiries regarding his or her family medical history and may provide only such information of which the parent is aware at the time of entering into the decree of dissolution of marriage, legal separation or declaration of invalidity.

    (4) In order to assist a parent in complying with the obligation to provide a family medical history under subsection (1) of this section, the court shall provide each parent with a list of medical attributes, diagnoses or diseases that are generally accepted as being medically linked to the health of children.

    (5) The department of health shall provide courts with the list described in subsection (4) of this section, and update this list as needed.

    (6) Family medical history shall be considered confidential information, and all records containing this information shall be sealed.  The court shall not open these records to inspection by any person except:

    (a) The parent or guardian of the minor child in question for purposes of facilitating proper health care of the child; or

    (b) The child in question after such child has reached the age of eighteen."

 

 

 

SSB 6110 - S AMD

By Senator Roach

 

                                                   ADOPTED 2/12/94

 

    On page 4, line 25, after "(4)" insert "In order to meet the requirement of providing family medical history under subsection (3) of this section, the parent shall submit a written statement describing any medical attribute, diagnosis or disease in the parent's immediate family that is generally accepted to be medically linked to the health of the child, such as medically accepted genetic traits or abnormalities, and that would facilitate the proper health care of the child.  For purposes of this section, "immediate family" means parents, siblings, grandparents, aunts, uncles and first cousins.

    (5) Absent a court order, a parent is not required to make inquiries regarding his or her family medical history and may provide only such information of which the parent is aware at the time of entering into the decree of dissolution of marriage, legal separation or declaration of invalidity.

    (6) In order to assist a parent in complying with the obligation to provide a family medical history under subsection (3) of this section, the court shall provide each parent with a list of medical attributes, diagnoses or diseases that are generally accepted as being medically linked to the health of children.

    (7) The department of health shall provide courts with the list described in subsection (6) of this section, and update this list as needed.

    (8) Family medical history shall be considered confidential information, and all records containing this information shall be sealed.  The court shall not open these records to inspection by any person except:

    (a) The parent or guardian of the minor child in question for purposes of facilitating proper health care of the child; or

    (b) The child in question after such child has reached the age of eighteen.

    (9)"

 

    On page 4, line 32, strike "(5)" and insert "(((5))) (10)"

 

    On page 4, line 35, strike "(6)" and insert "(((6))) (11)"

 

 

 

SSB 6110 - S AMD

By Senator Roach

 

                                                   ADOPTED 2/12/94

 

    On page 5, line 1, strike "(7)" and insert "(((7))) (12)"

 

 

 

SSB 6110 - S AMD

By Senator Roach

 

                                                   ADOPTED 2/12/94

 

    On page 1, line 2 of the title, after "26.09.170;" strike "and" and on line 3, after "26.26.130" insert "; and creating a new section"

 


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