Senate File 477 H-8211 Amend the amendment, H-8173, to Senate File 477, as amended, 1 passed, and reprinted by the Senate, as follows: 2 1. Page 1, before line 5 by inserting: 3 < DIVISION I 4 LICENSURE OF INTERNATIONALLY TRAINED PHYSICIANS > 5 2. Page 3, line 6, before < Act > by inserting < division of 6 this > 7 3. Page 3, after line 7 by inserting: 8 < DIVISION ___ 9 ELECTRONIC PROTECTED HEALTH INFORMATION 10 Sec. ___. NEW SECTION . 135.194 Electronic protected health 11 information of minor —— disclosure to legal guardian —— option 12 to provide printed copy. 13 1. A health care provider or facility that maintains 14 or transmits electronic protected health information shall 15 disclose to the legal guardian of a minor the minor’s 16 electronic protected health information, with the following 17 exceptions: 18 a. Electronic protected health information that relates 19 to health care for which the minor is legally authorized to 20 consent without the consent of a legal guardian. 21 b. If disclosure of the electronic protected health 22 information to a legal guardian is otherwise prohibited 23 by state law or federal law, including federal statute, 24 regulation, or centers for disease control and prevention 25 guidelines. 26 2. In lieu of disclosing the minor’s electronic protected 27 health information to the legal guardian of a minor as required 28 pursuant to subsection 1, a health care provider or facility 29 may comply with this section by providing a printed copy of the 30 minor’s electronic protected health information, subject to 31 the exceptions prescribed pursuant to subsection 1, and at no 32 charge to the legal guardian of the minor. 33 3. For the purposes of this section: 34 a. “Disclosure” means the release, transfer, provision of 35 -1- H 8173.3726 (2) 90 ss/ko 1/ 3 #1. #2. #3.

access to, or divulging in any manner of electronic protected 1 health information outside the entity holding the electronic 2 protected health information. 3 b. “Electronic media” means electronic storage material 4 on which data is or may be recorded electronically and 5 transmission media used to exchange information already in 6 electronic storage media. 7 c. “Electronic protected health information” means protected 8 health information that is transmitted or maintained by or in 9 electronic media. 10 d. “Facility” means a health care delivery system location 11 that provides a range of primary, secondary, and tertiary 12 inpatient, outpatient, and physician services; an institution 13 providing health care services; and any other health care 14 setting including but not limited to a hospital or other 15 licensed inpatient center, ambulatory surgical center 16 or treatment center, skilled nursing center, residential 17 treatment center, diagnostic, laboratory or imaging centers, 18 rehabilitation or other therapeutic health setting, or the 19 private office or clinic of an individual health care provider 20 or group of health care providers. 21 e. “Health care” means care, services, or supplies related 22 to the health of a person and includes but is not limited to: 23 (1) Preventive, diagnostic, therapeutic, rehabilitative, 24 maintenance, or palliative care, and any counseling, service, 25 assessment, or procedure with respect to the physical or mental 26 condition, or functional status of a person, or that affects 27 the structure or function of the body. 28 (2) The sale or dispensing of a drug, device, equipment, or 29 other item in accordance with a prescription. 30 f. “Health care provider” means a physician or osteopathic 31 physician licensed under chapter 148, a physician assistant 32 licensed under chapter 148C, a podiatrist licensed under 33 chapter 149, a chiropractor licensed under chapter 151, a 34 licensed practical nurse, a registered nurse, or an advanced 35 -2- H 8173.3726 (2) 90 ss/ko 2/ 3

registered nurse practitioner licensed under chapter 152 or 1 152E, a dentist licensed under chapter 153, an optometrist 2 licensed under chapter 154, a pharmacist licensed under chapter 3 155A, or any other person who is licensed, certified, or 4 otherwise authorized or permitted by the law of this state to 5 administer health care in the ordinary course of business or in 6 the practice of a profession. 7 g. “Health information” means health information as defined 8 in 45 C.F.R. §160.103 that is maintained or transmitted by a 9 health care provider or facility. 10 h. “Legal guardian” means a person appointed by a court as 11 the guardian of a minor pursuant to chapter 633, or the parent 12 or other person responsible for the care of the minor. 13 i. “Protected health information” means protected health 14 information as defined in 45 C.F.R. §160.103 that is maintained 15 or transmitted by a health care provider or facility. 16 ___. Title page, line 1, after < to > by inserting < health 17 care, including > 18 ___. Title page, line 2, after < and > by inserting 19 < electronic protected health information, and >> 20 4. By renumbering as necessary. 21 ______________________________ FRY of Clarke -3- H 8173.3726 (2) 90 ss/ko 3/ 3 #4.