— option to provide printed copy.
1.Ahealthcareproviderorfacilitythatmaintainsortransmitselectronicprotectedhealth
information shall disclose to the legal guardian of a minor the minor’s electronic protected
health information, with the following exceptions:
a.Electronic protected health information that relates to health care for which the minor
is legally authorized to consent without the consent of a legal guardian.
b.If disclosure of the electronic protected health information to a legal guardian is
otherwise prohibited by state law or federal law, including federal statute, regulation, or
centers for disease control and prevention guidelines.
2.In lieu of disclosing the minor’s electronic protected health information to the legal
guardian of a minor as required pursuant to subsect
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— option to provide printed copy.
1. Ahealthcareproviderorfacilitythatmaintainsortransmitselectronicprotectedhealth
information shall disclose to the legal guardian of a minor the minor’s electronic protected
health information, with the following exceptions:
a. Electronic protected health information that relates to health care for which the minor
is legally authorized to consent without the consent of a legal guardian.
b. If disclosure of the electronic protected health information to a legal guardian is
otherwise prohibited by state law or federal law, including federal statute, regulation, or
centers for disease control and prevention guidelines.
2. In lieu of disclosing the minor’s electronic protected health information to the legal
guardian of a minor as required pursuant to subsection 1, a health care provider or facility
may comply with this section by providing a printed copy of the minor’s electronic protected
health information, subject to the exceptions prescribed pursuant to subsection 1, and at no
charge to the legal guardian of the minor.
3. For the purposes of this section:
a. “Disclosure” means the release, transfer, provision of access to, or divulging in any
manner of electronic protected health information outside the entity holding the electronic
protected health information.
b. “Electronic media” means electronic storage material on which data is or may be
recorded electronically and transmission media used to exchange information already in
electronic storage media.
c. “Electronic protected health information” means protected health information that is
transmitted or maintained by or in electronic media.
d. “Facility” means a health care delivery system location that provides a range of
primary, secondary, and tertiary inpatient, outpatient, and physician services; an institution
providing health care services; and any other health care setting including but not limited
to a hospital or other licensed inpatient center, ambulatory surgical center or treatment
center, skilled nursing center, residential treatment center, diagnostic, laboratory or imaging
centers, rehabilitation or other therapeutic health setting, or the private office or clinic of an
individual health care provider or group of health care providers.
e. “Health care” means care, services, or supplies related to the health of a person and
includes but is not limited to:
(1) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, orpalliativecare, and
any counseling, service, assessment, or procedure with respect to the physical or mental
condition, orfunctionalstatusofaperson, orthataffectsthestructureorfunctionofthebody.
§135.194, DEPARTMENT OF HEALTH AND HUMAN SERVICES — PUBLIC HEALTH 70
(2) The sale or dispensing of a drug, device, equipment, or other item in accordance with
a prescription.
f. “Health care provider” means a physician or osteopathic physician licensed under
chapter 148, a physician assistant licensed under chapter 148C, a podiatrist licensed
under chapter 149, a chiropractor licensed under chapter 151, a licensed practical nurse, a
registered nurse, or an advanced registered nurse practitioner licensed under chapter 152
or 152E, a dentist licensed under chapter 153, an optometrist licensed under chapter 154, a
pharmacist licensed under chapter 155A, or any other person who is licensed, certified, or
otherwise authorized or permitted by the law of this state to administer health care in the
ordinary course of business or in the practice of a profession.
g. “Health information” means health information as defined in 45 C.F.R. §160.103 that is
maintained or transmitted by a health care provider or facility.
h. “Legal guardian” means a person appointed by a court as the guardian of a minor
pursuant to chapter 232D, or the parent or other person responsible for the care of the minor.
i. “Protected health information” means protected health information as defined in 45
C.F.R. §160.103 that is maintained or transmitted by a health care provider or facility.