(a) Except as provided in subsection (b), no health care provider or governmental entity may deny a parent or legal guardian access to his or her minor child’s health information when: (1) The health information is in the control of the health care provider or governmental entity; and (2) The parent or legal guardian requests access to the health information. (b) A health care provider or governmental entity may deny a parent or legal guardian access to his or her minor child’s health information if any of the following conditions exist: (1) The access is prohibited by a court order. (2) The parent or legal guardian is a subject of an investigation related to a crime against the minor child and a law enforcement officer has requested that the information not be released to the parent. (3) The health care provider has reported the minor child as a known or suspected victim of abuse or neglect pursuant to Chapter 14 of Title 26. (4) The provision of access to the parent or legal guardian would be in violation of any federal laws or regulations protecting the confidentiality of participant health information in substance use disorder treatment programs.
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