Legal Capacity of Minor Regarding Medical Care

(a)Definitions. For the purpose of this Chapter, the following terms shall be defined as follows:

(1)“Minor” shall be any person under the age of eighteen (18).

(2)“Parent” means the natural and the legal parent and any guardian, custodian or step-parent acting in loco parentis.

(3)“Medical care and services” mean the diagnostic examination, prescription and administration of medication and other items in the treatment of sexually transmitted diseases, the HIV virus, or AIDS, pregnancy and substance abuse. It shall not include surgery or any treatment to induce abortion.

(4)“Substance abuse” means any excessive use or misuse of substances that lead to intoxication, psychiatric disorder, physical disease, social dysfunction associated with dependency and damage to health, social or vocational adjustment. CH. 1 PERSONS IN GENERAL

(5)“Sexually transmitted disease” means any disease that is transmitted through sexual contact.

(b)Consent Valid. The consent to the provision of medical care and service by public and private hospitals or public or private clinics, or the performance of medical care and services by a physician licensed to practice medicine or osteopathy, when executed by a female minor who is or professes to be pregnant, or by a minor who is or professes to be afflicted with or is concerned with being afflicted with a sexually transmitted disease, the HIV virus, or AIDS, or by a minor who suffers or professes to suffer from a substance abuse shall be valid and binding as if the minor had achieved his or her majority as the case may be; that is, a female minor who is or professes to be pregnant, or a minor who is or professes to be afflicted with or is concerned with being afflicted with a sexually transmitted disease, the HIV virus, or AIDS, or a minor who suffers or professes to suffer from substance abuse, or a minor who requests, shall be deemed to have and shall have the same legal capacity to act, and the same legal obligations with regard to the giving of such consent to the provision of medical care and services by such hospitals and such clinics, and such physicians as a person of full legal age and capacity, the infancy of the minor and any contrary provision of law notwithstanding, and such consent shall not be subject to later disaffirmance by reason of such minority, and the consent of no other person or persons (including, but not limited to a spouse or parent) shall be necessary in order to authorize the provision of medical care or services by such hospitals and such clinics and by such physicians to the minor.

(c)Providing Information. Public and private hospitals, or public and private clinics or physicians licensed to practice medicine or osteopathy, shall not inform the spouse or parent of any minor patient of the provision of medical care and services to the minor or disclose any information pertaining to such care and services without the specific consent of the minor patient to whom such medical care and services have been provided under this Chapter.

(d)Financial Responsibility. A minor who consents to the provision of medical care and services shall thereby assume financial responsibility for the costs of such medical care and services. Notwithstanding any other law to the contrary, parents, governmental agencies or third party payers whose consent has not been obtained or who have no prior knowledge that the minor has consented to the provision of such medical care and services, shall not be liable for the costs incurred by virtue of the minor’s consent.

(e)Patient Counseling. The treatment of sexually transmitted diseases, the HIV virus, or AIDS, pregnancy and substance abuse, shall include individual counseling for each minor patient by a qualified person. Such counseling shall seek to open the lines of communication between parent and child.

(f)This Act shall take effect immediately.