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Access to Medical Information involving minor children

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Milwaukee Attorney David Karp

If the other parent is granted sole custody, are you still allowed to access and receive your children’s medical information? Sec. 767.41 (7m) of the Wisconsin Statutes answers that question;

“(7m) MEDICAL AND MEDICAL HISTORY INFORMATION. (a) In making an order of legal custody, the court shall order a parent who is not granted legal custody of a child to provide to the court medical and medical history information that is known to the parent. The court shall send the information to the physician or other health care provider with primary responsibility for the treatment and care of the child, as designated by the parent who is granted legal custody of the child, and advise the physician or other health care provider of the identity of the child to whom the information relates. The information provided shall include all of the following:

1. The known medical history of the parent providing the information, including specific information about still births or congenital anomalies in the parent’s family, and the medical histories, if known, of the parents and siblings of the parent and any sibling of the child who is a child of the parent, except that medical history information need not be provided for a sibling of the child if the parent or other person who is granted legal custody of the child also has legal custody, including joint legal custody, of that sibling.

2. A report of any medical examination that the parent providing the information had within one year before the date of the order.

(am). The physician or other health care provider designated under par. (a) shall keep the information separate from other records kept by the physician or other health care provider. The information shall be assigned an identification number and maintained under the name of the parent who provided the information to the court. The patient health care records of the child that are kept by the physician or other health care provider shall include a reference to that name and identification number. If the child’s patient health care records are transferred to another physician or other health care provider or another health care facility, the records containing the information provided under par. (a) shall be transferred along with the child’s patient health care records. Notwithstanding s. 146.819, the information provided under par. (a) need not be maintained by a  physician or other health care provider after the child reaches age 18.

(b) Notwithstanding ss. 146.81 to 146.835, the information shall be kept confidential, except as follows:

1. The physician or other health care provider with custody of the information or any other medical custodian at the request of the physician or other health care provider, shall have access to the information if, in the professional judgment of the physician or other health care provider, the information may be relevant to the child’s medical condition.

2. The physician or other health care provider may release only that portion of the information, and only to a person, that the physician or other health care provider determines is relevant to the child’s medical condition. ”

If you have questions on the custody laws in the state of Wisconsin, or access to critical medical information involving your minor children, call the experienced family lawyers at Karp & Iancu, S.C. today. 1 414 453 0800.

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