Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

09/15/2005 - 09/21/2005

 

Legislative Movement

 

 

California A.C.R. 86

Category:

Medical Records Privacy

 

Last Action:

09/08/2005 In Assembly. To enrollment.; Withdrawn from committee. Adopted and to Assembly. (Ayes 35. Noes 0. Page 2737.)

 

Synopsis:

This measure would urge all Californians to participate in the ICE (In Case of Emergency) campaign by entering ICE information into their cell phone memory, thereby assisting medical and other personnel in an emergency to contact designated persons and access medical data.

 

Additional Information:

Language as Enrolled on September 15, 2005:

 

WHEREAS, In 2003, there were approximately 6,328,000 car accidents in the United States and 42,643 persons killed and 2.9 million persons injured in these accidents; and WHEREAS, The federal Centers for Disease Control and Prevention reported that in 2003, 900,000 emergency room patients could not provide contact information because they were incapacitated; and WHEREAS, There are over 192,000,000 cell phones in the United States and they are accessories that most people have with them at all times; and WHEREAS, The addition of an emergency contact number in a person's cell phone memory under the heading "ICE" (In Case of Emergency) would enable paramedics and police to contact designated persons or obtain medical information in an emergency situation; and WHEREAS, ICE is the brainchild of a British ambulance service paramedic and the campaign for its use has rapidly spread throughout the world as a particular consequence of the terrorist attacks in London; and WHEREAS, In addition to medical history bracelets and identification cards, ICE is a resource for first responders and emergency professionals in the event of an emergency; now, therefore, be it

 

Resolved by the Assembly of the State of California, the Senate thereof concurring, That the Legislature hereby urges all Californians to participate in the ICE campaign by entering ICE information into their cell phone memory, thereby assisting medical and other emergency personnel to contact designated persons and access medical data; and be it further

 

Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the Governor of the State of California and to the author for appropriate distribution.

 

Status:

08/16/2005 Introduced.

08/18/2005 Referred to Committee on Judiciary

08/23/2005 From committee: Be adopted. To Consent Calendar. (August 23).

08/25/2005 From Consent Calendar. To third reading.

08/30/2005 Amended, adopted, and to Senate. (Page 3076.)

08/31/2005 In Senate. To Committee on Rules

09/08/2005 In Assembly. To enrollment.; Withdrawn from committee. Adopted and to Assembly. (Ayes 35. Noes 0. Page 2737.)

 

Sponsor Information:

Nicole M. Parra (D-Majority)

 

Sponsor:

Parra

 

 


 

Regulatory Report

 

 

ALASKA

Title:

CHILD PROTECTION INFORMATION

 

Agency:

Department of Health and Social Services

 

Summary Comments:

1. 7 AAC 54.010, SCOPE, is proposed to be repealed.

 

2. 7 AAC 54.020, INFORMATION TO BE SAFEGUARDED, is proposed to be amended to

include references to the department and further define what information is

safeguarded and to state the scope of the information to be safeguarded.

 

3. 7 AAC 54.030, PROHIBITIONS AGAINST DISCLOSURE OF CHILD PROTECTION

INFORMATION, is proposed to be amended to change the department and division

references, include child protection information, and to limit the use or

disclosure of protected health information as required or permitted by 45 C.F.R.

part 160, subpart C and Article 164, subpart E, revised May 31, 2002 and adopted

by these federal regulation provisions by reference.

 

4. 7 AAC 54.040, RELEASE OF INFORMATION TO PERSONS WITH LEGITIMATE INTERESTS,

is proposed to be amended to define what protected information may be released,

when it may be released, and to which parties information may be released. The

proposed amendments would also implement AS 47.10.093(f) and would establish a

criminal penalty for a person who makes public information child protection

information.

 

5. 7 AAC 54.050, DISCLOSURE OF CHILD PROTECTION INFORMATION AT CLIENT'S

REQUEST, is proposed to be amended to revise the requirements for release of

child protection information at the client's request.

 

6. 7 AAC 54.060, DISCLOSURE OF CHILD PROTECTION INFORMATION TO A PARENT OF A

CHILD, is proposed to be amended to include reference to child protection

information.

 

7. 7 AAC 54.070, DISCLOSURE OF CHILD PROTECTION INFORMATION TO GUARDIAN AD

LITEM, is proposed to be amended to include reference to child protection

information.

 

8. 7 AAC 54.080, DISCLOSURE OF CHILD PROTECTION INFORMATION TO ACQUIRE

CONSULTATION OR SERVICES FOR A CLIENT, is proposed to be amended to include

reference to child protection information and requiring that the department only

accept releases of information from a child if the child is legally able to give

said consent

 

9. 7 AAC 54.090, DISCLOSURE TO PERSON IN DANGER, is proposed to be amended to

further define the procedures for information release when a department employee

learns of a potential threat by a client to the safety of another person.

 

10. 7 AAC 54.100, DISCLOSURE TO CRIMINAL JUSTICE OFFICIALS, is proposed to be

amended to further define when and how child protection information may be

disclosed to criminal justice officials.

 

11. 7 AAC 54.110, DISCLOSURE IN HEARINGS RELATED TO THE OPERATION OF THE

OFFICE OF CHILDREN'S SERVICES, is proposed to be amended to further define the

requirements for department employees testifying in a hearing that is directly

related to the Office of Children's Services.

 

12. 7 AAC 54.120, DISCLOSURE IN HEARINGS NOT RELATED TO THE OPERATION OF THE

OFFICE OF CHILDREN'S SERVICES, is proposed to be amended to further define the

exceptions for department employees testifying in a hearing that is not directly

related to the Office of Children's Services.

 

13. 7 AAC 54.130, DISCLOSURE FOR RESEARCH PURPOSES, is proposed to be amended

to further define the requirements for disclosure of protected information by

the department for research purposes.

 

14. 7 AAC 54.140, DISCLOSURE TO STATE OFFICIALS AND LEGISLATORS, is proposed

to be amended to further define the requirements for disclosure of protected

information by the department to other state officials and legislators.

 

15. 7 AAC 54.150, DISCLOSURE OF CHILD PROTECTION INFORMATION TO OTHER STATES,

is proposed to be amended to further define the requirements for disclosure of

protected information by the department to an out-of-state governmental agency

with child protection functions.

 

16. 7 AAC 54.900, DEFINITIONS, is proposed to be amended to further define

terms used in 7 AAC 54.

 

You may comment on the proposed regulation changes, including the potential

costs to private persons of complying with the proposed changes, by submitting

written comments to Joanne Gibbens, Office of Children's Services, PO Box

110630, Juneau, AK 99811-0630; E-mail: Joanne_Gibbens@health.state.ak.us.

 

The comments must be received no later than 5:00 p.m. on April 29, 2005.

 

If you are a person with a disability who needs a special accommodation in

order to participate in this process, please contact Joanne Gibbens at the

address above or by phone at (907) 465-3023 no later than April 22, 2005 to

ensure that any necessary accommodations can be provided.

 

For a copy of the proposed regulation changes, contact Kurt West, Project

Coordinator, Department of Health and Social Services, P.O. Box 110660, Juneau,

AK 99811-0660; phone (907) 465-6817; E-mail: kurt_west@health.state.ak.us, or go

to the Department of Health and Social Services public notice website at: H&SS

Public Notice Site [1]

 

After the public comment period ends, the Department of Health and Social

Services will either adopt these or other provisions dealing with the same

subject, without further notice, or decide to take no action on them. The

language of the final regulations may be different from that of the proposed

regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD

BE AFFECTED.

 

Agency Contact:

Kurt West, Department of Health and Social Services, PO Box

110601, Juneau, AK 99811-0601, 907-465-3023, kurtwest@health.state.ak.us

 

Citation:

7 AAC 54.010 thru .900 (Non Seq)

 

Status:

03/21/2005 Proposed Rule

 

Comment Deadline:

04/29/2005

09/15/2005 Rule Adoption

 

Effective Date:

10/15/2005

 

 

 

TEXAS

Title:

RECORDS OF THE DENTIST STATE ID: 30 TEXREG 5895

 

Agency:

Board of Dental Examiners

 

Summary:

Amends rules regarding records of the dentist. Requires that reviews

of medical history and limited medical exams be evidenced in the dental record

by the dentist's signature, initials, or notes. Requires that radiographs shall

be of a diagnostic quality sufficient to enable one to determine the patient's

existing dental condition. Requires treatment plans be signed by the patient.

Requires that a dentist providing copies of dental records not otherwise

specifically enumerated in this rule may charge a fee not more than the

actual cost of production, reproduction, or duplication of the records, as

verified by invoice.

 

Agency Contact:

Sherri Sanders, Interim Executive Director, State Board of

Dental Examiners, 333 Guadalupe, Tower 3, Ste 800, Austin, TX 78701, 512-475-

1660

 

Citation:

22 TAC 5.108.A.108.8

 

Status:

09/01/2005 Proposed Rule

 

Comment Deadline:

10/16/2005