SECTION 63-7-380. Photos and x-rays without parental consent; release of medical records.
A person required to report under Section 63-7-310 may take, or cause to be taken, color photographs of the areas of trauma visible on a child who is the subject of a report and, if medically indicated, a physician may cause to be performed a radiological examination or other medical examinations or tests of the child without the consent of the child’s parents or guardians. Copies of all photographs, negatives, radiological, and other medical reports must be sent to the department at the time a report pursuant to Section 63-7-310 is made, or as soon as reasonably possible after the report is made.
Upon written request of the consulting care physician or the hospital facility and without consent of the child’s parent or legal guardian, the primary care physician shall release the medical records, radiologic imaging, photos, and all other health information only to the consulting care physician and the hospital facility. The consulting care physician and the hospital facility only may release the records to law enforcement in accordance with the Health Insurance Portability and Accountability Act, 45 C.F.R. 164.512(b).
HISTORY: 2008 Act No. 361, § 2; 2015 Act No. 75 (S.250), § 1, eff June 8, 2015.
Effect of Amendment
2015 Act No. 75, § 1, added the last two sentences, relating to the release of records.