Panel advances bill expanding parents' access to minor medical records after debate over immunization language

A Senate Health and Human Resources Committee moved House Bill 2402 to the full Senate with a recommendation that it pass as amended Wednesday after a lengthy debate over parents' access to minors' medical records and a contested provision about immunization records.

The bill, explained by counsel Ms. Redden, would “provide access to a minor child's medical records” and remove an exemption that currently required health-care providers to have prior written consent from a minor before releasing records on certain topics, including birth control, prenatal care and venereal disease. Ms. Redden told the committee the proposal also removes an exemption applying to records governed by the AIDS-related medical testing and records confidentiality act and requires a patient or representative to have access to a summary of records after treatment ends.

The measure would generally allow a parent, guardian, foster parent or kinship caregiver to access a minor's records except in specified situations: where there is a court order, the child has graduated high school or the equivalent and informed the provider, the child is emancipated or the child is married. The amendment text added a carve-out so the non‑abusing parent retains access when records include alleged abuse disclosed by the minor. The bill also states that no person or entity may require a parent or guardian to furnish medical records relating to a minor's immunization status for school enrollment.

Committee members focused on the immunization language. One senator asked whether the bill would “override that” and called the provision “a workaround of our entire immunization laws,” noting schools currently receive vaccination information under section 16‑3‑4 and that school nurses use the West Virginia Immunization Information System to verify records. Ms. Redden confirmed the system exists and that school nurses have access to it. Other senators warned the broad phrase “no person or entity” could prevent schools or authorized databases from obtaining records and, in a public-health emergency, block officials from identifying unvaccinated children.

Senator Merriam offered an amendment to strike subsection D of 16‑29‑3 (the immunization-related language). The amendment was moved and debated; supporters said the existing language could prevent school systems from validating immunization records and hamper outbreak response, while opponents argued the database remains available and records are uploaded by medical providers. The committee voted; the noes prevailed and the amendment was rejected.

After additional questioning and technical clarifications from counsel, the vice chair moved that House Bill 2402 be reported to the full Senate with a recommendation that it do pass as amended. The chair declared the motion adopted.

The committee did not provide a fiscal note for the bill in the hearing, and counsel said the affected agencies would include the Bureau for Medical Services, the Bureau for Social Services and the Department of Health. The bill’s effective date in the committee summary is 90 days.