House votes for parental access to medical records of minor children

A Michigan House bill would allow parents greater access to their minor children’s medical records.

House Bill 5974, sponsored by Rep. Joseph Aragona, R-Clinton Township, passed the House in June with bipartisan support in a 61-46 vote.

Currently in Michigan, minors can approve certain medical interventions, such as treatment for mental health, prenatal and pregnancy-related healthcare, and substance abuse, all without a parent’s knowledge or input.

Aragona did not respond to an email seeking comment, but he did post about the legislation on Facebook.

“This legislation restores parents’ access to their minor child’s medical records, ensuring they have the information they need to make informed decisions and advocate for their child’s health and well-being,” Aragona posted after the legislation passed the House June 25. “Parents are responsible for their children’s care, and they should have access to the medical information necessary to fulfill that responsibility.”

Aragona testified in favor of the bill before the Health Policy Committee in early June.

“Can an 11-year-old or 12-year-old purchase health insurance, drive a car, get themselves to this appointment and make payment for these types of services?” asked Rep. Jamie Thompson, R-Brownstown Township, who supports the legislation.

Rep. Matthew Bierlein, R-Vassar, said a doctor last year required his 12-year-old child to use email to give permission for his parents to access his medical records. Bierlein noted that his child didn’t have an email account.

Reps. Brenda Carter, D-Pontiac and Angela Witwer, D-Delta Township, challenged the legislation and asked about the rights of minors to their own medical privacy.

Witwer noted that when she was in high school, she would not have wanted her father to see her medical records.

Carter asked if minors could consent to some forms of health care without the consent of their parents and how will the legislation impact the child’s rights.

Society has determined a minor is too inexperienced or immature to vote, obtain a mortgage or car loan, and enlist in the military, Aragona responded.

He added a minor cannot even get a tattoo without consent and therefore parents should be able to know what is going on with their children.

If a minor receives emergency medical services, they do not have the ability to sign an Against Medical Advice form and that a parent has to sign off, added Rep. David Prestin, R-Cedar River.

Karen Whitsett, a Democratic representative from Detroit, described the state’s treatment of parental authority as confused and “astounding” on issues ranging from abortion to medical decicions.

“We are allowing things to get so out of control that there is no control and parents aren’t raising their kids and they’re not taking care of them and they’re not looking out for their best interest,” said Whitsett.

The Michigan Nurses Association opposes the legislation, according to committee meeting minutes.

The state’s major professional organization for physicians took a balanced view of the legislation.

“Supporters argued that some hospitals and health systems have adopted policies and patient portal practices that can restrict parental access to records for adolescents, making it more difficult for parents to participate in healthcare decisions,” said a statement from the Michigan State Medical Society. “Some legislators viewed the bill as a parental rights measure, while others raised concerns about its potential impact on existing privacy protections for minors seeking confidential healthcare services. No vote was taken on the bill and MSMS will work with the Michigan Chapter of the American Academy of Pediatrics to ensure the physician-patient relationship is prioritized.”