House Bill 1104 failed to pass on a 46-22 vote Monday, Feb. 24.
The bill’s prime sponsor, Rep. Julie Frye-Mueller, R-Rapid City, said the bill would limit what information could be requested by the South Dakota High School Activities Association. Frye-Mueller began working on the bill after parents of a student brought their concerns to her in November over a form they had received stating that for their child to participate in a high school activity, they would have to list the South Dakota High School Activities Association on a Health Insurance Portability and Accountability Act, or HIPAA, form.
“When we go to the doctor we are presented with a HIPPA form; we are asked who has access to the medical information,” Frye-Mueller said.
She said that schools are requiring parents to be listed on their child’s HIPPA form in order to participate in activities.
“This pertains to not just sports, but any activity, orchestra, band, choir,” Frye-Mueller said.
If a parent refuses to allow the school access to their child’s medical records they wouldn’t be able to participate in any school-sanctioned, extracurricular activity.
Frye-Mueller referred to a form that was administered to a Rapid City Stevens High School student by the South Dakota Activities Association during her testimony.
“Once the school has access, it can be re-disclosed to the school. Once the information is shared, they cannot guarantee any of the information will be protected,” Frye-Mueller said.
Rep. Paul Miskimins, R-Mitchell, spoke in opposition of the bill saying that by providing athletic trainers and school healthcare providers with a student’s medical information, schools can mitigate the threat of ringworm spreading in wrestling and ensure that athletes are in good enough health to compete in sports, such as gymnastics.
Rep. Isaac Latterell, R-Sioux Falls, spoke in favor of the bill, saying that after reviewing the activity association’s form requesting access to a student’s medical records, he found the form too vague when specifying what types of medical information is to be disclosed.
“I was one of the ones in committee and the form could have fit on half a page,” Latterell said. “It wasn’t very specific on what was being disclosed. It was specific that the information could get out once it was disclosed.”
Latterell referred to a form listed on the Texas Attorney General’s website, which was much more thorough with what types of medical information that could be disclosed.
In closing, Frye-Mueller told the House that this issue is not something that will go away.
“Please remember the parents. Please remember the kids,” Frye-Mueller said. “There could be some records in their history that the school does not need.”
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South Dakota bill limiting access to student medical records fails in House - The Dickinson Press
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