Do I have the right to get and amend my minor child’s medical record?
Usually,% yes.%As% a%parent%or% guardian,%you%are generally considered to be the
personal representative of your minor child. As a personal representative, you
generally have the right to get and amend your child’s medical record. In
Illinois, parents have these rights when a child is younger than 18 years old.
As a parent, do I always have the right to get and amend my child’s medical record?
No. A parent does not always have the right to get and amend a child’s medical record.
For example, a provider may reasonably believe that a parent is abusing or neglecting a
minor child. When this is the case, the provider does not have to treat the parent as the
personal representative of the minor child. This means the provider does not have to
give the parent access to the child’s medical record.
Some other situations where parents do not have the right to get and amend their
child’s medical records are discussed in the following questions and answers.
Who has the right to get and amend my child’s medical record once she turns 18?
Once your child turns 18, your child has the right to see, get a copy of, and amend her
own record. You usually no longer have the right to get and amend your adult child’s
record just because you are her parent.
I am under 18, but I’m considered emancipated under Illinois law. Who has the right to
get and amend my medical record?
You do. If you are under 18, but are considered emancipated under Illinois law, you
have the right to get and amend your own medical record. Your parents do not have
the right to get your medical record.
I am a minor. I am not emancipated but I have the right to consent to certain kinds of
medical treatment without my parents’ permission. Who has the right to get and amend
medical records related to this treatment?
It depends. In Illinois, even though you are a minor you can consent to certain kinds of
medical treatment without the permission of your parents. When you consent to such
treatment, you have the right to get and amend your own medical record related to that
treatment. The HIPAA Privacy Rule lets state law determine whether your parents also
have access rights to information about this treatment.
For example, in Illinois, a minor 12 years or older may consent to medical care for the
diagnosis or treatment of sexually transmitted disease. The minor has the right to get
and amend information related to this treatment. A health care provider may use their
professional judgment to decide if the minor’s parents also should be informed about
the minor’s treatment for sexually transmitted disease.