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8-514.05 Foster care provider and department access to child health information; consent to treatment

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A. If a health plan, a health care provider licensed or certified pursuant to title 32 or title XIX of the social security act or a health care institution licensed pursuant to title 36, chapter 4 has provided or is providing services to a child placed in out-of-home placement and has custody or control of that child’s medical or behavioral health records, the plan, provider or institution must provide the following to the child’s foster parent, group home staff, foster home staff, relative or other person or agency in whose care the child is currently placed pursuant to this article or article 6 of this chapter:

1. Medical records.

2. Behavioral health records.

3. Information relating to the child’s condition and treatment.

4. The child’s prescription and nonprescription drugs, medications, durable medical equipment, devices and related information.

B. If a health plan, a health care provider licensed or certified pursuant to title 32 or title XIX of the social security act or a health care institution licensed pursuant to title 36, chapter 4 has provided or is providing services to a child for whom the department has legal custody or is providing foster care or substance abuse services and has custody or control of that child’s medical or behavioral health records, the plan, provider or institution must provide the following to the department’s employees who are involved in the child’s case management:

1. Medical records.

2. Behavioral health records.

3. Information relating to the child’s condition and treatment.

4. The child’s prescription and nonprescription drugs, medications, durable medical equipment, devices and related information.

C. If the department has temporary custody of a child pursuant to this title or has legal custody pursuant to a court order, the department:

1. May consent to any of the following:

(a) Evaluation and treatment for emergency conditions that are not life threatening.

(b) Routine medical and dental treatment and procedures, including early periodic screening diagnosis and treatment services, and services by health care providers to relieve pain or treat symptoms of common childhood illnesses or conditions.

(c) Surgery.

(d) Blood transfusions.

(e) General anesthesia.

(f) Testing for the presence of the human immunodeficiency virus.

2. May not consent to abortions.

3. To the extent possible, shall consult with each biological parent of the child whose parental rights have not been terminated when making health care decisions for a child in the department’s custody.

D. The foster parent, group home staff, foster home staff, relative or other person or agency in whose care the child is currently placed pursuant to this article or article 6 of this chapter:

1. May give consent for the following:

(a) Evaluation and treatment for emergency conditions that are not life threatening.

(b) Routine medical and dental treatment and procedures, including early periodic screening diagnosis and treatment services, and services by health care providers to relieve pain or treat symptoms of common childhood illnesses or conditions.

(c) Testing for the presence of the human immunodeficiency virus.

2. Shall not consent to:

(a) General anesthesia.

(b) Surgery.

(c) Blood transfusions.

(d) Abortions.

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