§ 16.1-248.3. Medical records of juveniles in secure facility.
Whenever a juvenile is placed in a secure facility or a shelter care facilitypursuant to § 16.1-248.1, the director of the facility or his designee shallbe entitled to obtain medical records concerning the juvenile from aprovider. Prior to using the authority granted by this section to obtain suchrecords, the director of the facility or his designee shall make a reasonableattempt to obtain consent for the release of the records from the juvenile'sparent or legal guardian or, in instances where the juvenile may consentpursuant to § 54.1-2969, from the juvenile. The director of the facility orhis designee may proceed to obtain the records from the provider if suchconsent is refused or is not readily obtainable and the records are necessary(i) for the provision of health care to the juvenile, (ii) to protect thehealth and safety of the juvenile or other residents or staff of the facilityor (iii) to maintain the security and safety of the facility.
The director or his designee shall document in writing the reason that therecords were requested and that a reasonable attempt was made to obtainconsent for the release of records and that consent was refused or notreadily obtainable.
No person to whom disclosure of records was made pursuant to this sectionshall redisclose or otherwise reveal the records, beyond the purpose forwhich such disclosure was made, without first obtaining specific consent toredisclose from the juvenile's parent or legal guardian or, in instanceswhere the juvenile may consent pursuant to § 54.1-2969, from the juvenile.
Substance abuse records subject to federal regulations, Confidentiality ofAlcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, shall not besubject to the provisions of this section. The disclosure of results of atest for human immunodeficiency virus shall not be permitted except asprovided in § 32.1-36.1.
The definitions of "provider" and "records" in § 32.1-127.1:03 shallapply to this section.
§ 16.1-248.3. Medical records of juveniles in secure facility.
Whenever a juvenile is placed in a secure facility or a shelter care facilitypursuant to § 16.1-248.1, the director of the facility or his designee shallbe entitled to obtain medical records concerning the juvenile from aprovider. Prior to using the authority granted by this section to obtain suchrecords, the director of the facility or his designee shall make a reasonableattempt to obtain consent for the release of the records from the juvenile'sparent or legal guardian or, in instances where the juvenile may consentpursuant to § 54.1-2969, from the juvenile. The director of the facility orhis designee may proceed to obtain the records from the provider if suchconsent is refused or is not readily obtainable and the records are necessary(i) for the provision of health care to the juvenile, (ii) to protect thehealth and safety of the juvenile or other residents or staff of the facilityor (iii) to maintain the security and safety of the facility.
The director or his designee shall document in writing the reason that therecords were requested and that a reasonable attempt was made to obtainconsent for the release of records and that consent was refused or notreadily obtainable.
No person to whom disclosure of records was made pursuant to this sectionshall redisclose or otherwise reveal the records, beyond the purpose forwhich such disclosure was made, without first obtaining specific consent toredisclose from the juvenile's parent or legal guardian or, in instanceswhere the juvenile may consent pursuant to § 54.1-2969, from the juvenile.
Substance abuse records subject to federal regulations, Confidentiality ofAlcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, shall not besubject to the provisions of this section. The disclosure of results of atest for human immunodeficiency virus shall not be permitted except asprovided in § 32.1-36.1.
The definitions of "provider" and "records" in § 32.1-127.1:03 shallapply to this section.
§ 16.1-248.3. Medical records of juveniles in secure facility.
Whenever a juvenile is placed in a secure facility or a shelter care facilitypursuant to § 16.1-248.1, the director of the facility or his designee shallbe entitled to obtain medical records concerning the juvenile from aprovider. Prior to using the authority granted by this section to obtain suchrecords, the director of the facility or his designee shall make a reasonableattempt to obtain consent for the release of the records from the juvenile'sparent or legal guardian or, in instances where the juvenile may consentpursuant to § 54.1-2969, from the juvenile. The director of the facility orhis designee may proceed to obtain the records from the provider if suchconsent is refused or is not readily obtainable and the records are necessary(i) for the provision of health care to the juvenile, (ii) to protect thehealth and safety of the juvenile or other residents or staff of the facilityor (iii) to maintain the security and safety of the facility.
The director or his designee shall document in writing the reason that therecords were requested and that a reasonable attempt was made to obtainconsent for the release of records and that consent was refused or notreadily obtainable.
No person to whom disclosure of records was made pursuant to this sectionshall redisclose or otherwise reveal the records, beyond the purpose forwhich such disclosure was made, without first obtaining specific consent toredisclose from the juvenile's parent or legal guardian or, in instanceswhere the juvenile may consent pursuant to § 54.1-2969, from the juvenile.
Substance abuse records subject to federal regulations, Confidentiality ofAlcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, shall not besubject to the provisions of this section. The disclosure of results of atest for human immunodeficiency virus shall not be permitted except asprovided in § 32.1-36.1.
The definitions of "provider" and "records" in § 32.1-127.1:03 shallapply to this section.
