100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0938

 

Introduced 2/7/2017, by Sen. Heather A. Steans

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 210/0.5 new
410 ILCS 210/1  from Ch. 111, par. 4501
410 ILCS 210/1.5
410 ILCS 210/2  from Ch. 111, par. 4502
410 ILCS 210/3  from Ch. 111, par. 4503

    Amends the Consent by Minors to Medical Procedures Act. Provides that provisions concerning the giving of consent to the performance of procedures or services apply to the giving of consent to the performance of procedures or services by a physician licensed under the Medical Practice Act of 1987 (rather than a physician licensed to practice medicine and surgery or a physician licensed to practice medicine in all its branches).


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A BILL FOR

 

SB0938LRB100 07027 MJP 17081 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Consent by Minors to Medical Procedures Act
5is amended by adding Section 0.5 and by changing Sections 1,
61.5, 2, and 3 as follows:
 
7    (410 ILCS 210/0.5 new)
8    Sec. 0.5. Definition. As used in this Act, "physician"
9means a physician licensed under the Medical Practice Act of
101987.
 
11    (410 ILCS 210/1)  (from Ch. 111, par. 4501)
12    Sec. 1. Consent by minor. The consent to the performance of
13a medical or surgical procedure by a physician licensed to
14practice medicine and surgery, a licensed advanced practice
15nurse, or a licensed physician assistant executed by a married
16person who is a minor, by a parent who is a minor, by a pregnant
17woman who is a minor, or by any person 18 years of age or older,
18is not voidable because of such minority, and, for such
19purpose, a married person who is a minor, a parent who is a
20minor, a pregnant woman who is a minor, or any person 18 years
21of age or older, is deemed to have the same legal capacity to
22act and has the same powers and obligations as has a person of

 

 

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1legal age.
2(Source: P.A. 99-173, eff. 7-29-15.)
 
3    (410 ILCS 210/1.5)
4    Sec. 1.5. Consent by minor seeking care for primary care
5services.
6    (a) The consent to the performance of primary care services
7by a physician licensed to practice medicine in all its
8branches, a licensed advanced practice nurse, or a licensed
9physician assistant executed by a minor seeking care is not
10voidable because of such minority, and for such purpose, a
11minor seeking care is deemed to have the same legal capacity to
12act and has the same powers and obligations as has a person of
13legal age under the following circumstances:
14        (1) the health care professional reasonably believes
15    that the minor seeking care understands the benefits and
16    risks of any proposed primary care or services; and
17        (2) the minor seeking care is identified in writing as
18    a minor seeking care by:
19            (A) an adult relative;
20            (B) a representative of a homeless service agency
21        that receives federal, State, county, or municipal
22        funding to provide those services or that is otherwise
23        sanctioned by a local continuum of care;
24            (C) an attorney licensed to practice law in this
25        State;

 

 

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1            (D) a public school homeless liaison or school
2        social worker;
3            (E) a social service agency providing services to
4        at risk, homeless, or runaway youth; or
5            (F) a representative of a religious organization.
6    (b) A health care professional rendering primary care
7services under this Section shall not incur civil or criminal
8liability for failure to obtain valid consent or professional
9discipline for failure to obtain valid consent if he or she
10relied in good faith on the representations made by the minor
11or the information provided under paragraph (2) of subsection
12(a) of this Section. Under such circumstances, good faith shall
13be presumed.
14    (c) The confidential nature of any communication between a
15health care professional described in Section 1 of this Act and
16a minor seeking care is not waived (1) by the presence, at the
17time of communication, of any additional persons present at the
18request of the minor seeking care, (2) by the health care
19professional's disclosure of confidential information to the
20additional person with the consent of the minor seeking care,
21when reasonably necessary to accomplish the purpose for which
22the additional person is consulted, or (3) by the health care
23professional billing a health benefit insurance or plan under
24which the minor seeking care is insured, is enrolled, or has
25coverage for the services provided.
26    (d) Nothing in this Section shall be construed to limit or

 

 

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1expand a minor's existing powers and obligations under any
2federal, State, or local law. Nothing in this Section shall be
3construed to affect the Parental Notice of Abortion Act of
41995. Nothing in this Section affects the right or authority of
5a parent or legal guardian to verbally, in writing, or
6otherwise authorize health care services to be provided for a
7minor in their absence.
8    (e) For the purposes of this Section:
9        "Minor seeking care" means a person at least 14 years
10    of age but less than 18 years of age who is living separate
11    and apart from his or her parents or legal guardian,
12    whether with or without the consent of a parent or legal
13    guardian who is unable or unwilling to return to the
14    residence of a parent, and managing his or her own personal
15    affairs. "Minor seeking care" does not include minors who
16    are under the protective custody, temporary custody, or
17    guardianship of the Department of Children and Family
18    Services.
19        "Primary care services" means health care services
20    that include screening, counseling, immunizations,
21    medication, and treatment of illness and conditions
22    customarily provided by licensed health care professionals
23    in an out-patient setting. "Primary care services" does not
24    include invasive care, beyond standard injections,
25    laceration care, or non-surgical fracture care.
26(Source: P.A. 98-671, eff. 10-1-14; 99-173, eff. 7-29-15.)
 

 

 

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1    (410 ILCS 210/2)  (from Ch. 111, par. 4502)
2    Sec. 2. Any parent, including a parent who is a minor, may
3consent to the performance upon his or her child of a medical
4or surgical procedure by a physician licensed to practice
5medicine and surgery, a licensed advanced practice nurse, or a
6licensed physician assistant or a dental procedure by a
7licensed dentist. The consent of a parent who is a minor shall
8not be voidable because of such minority, but, for such
9purpose, a parent who is a minor shall be deemed to have the
10same legal capacity to act and shall have the same powers and
11obligations as has a person of legal age.
12(Source: P.A. 99-173, eff. 7-29-15.)
 
13    (410 ILCS 210/3)  (from Ch. 111, par. 4503)
14    Sec. 3. (a) Where a hospital, a physician licensed to
15practice medicine or surgery, a licensed advanced practice
16nurse, or a licensed physician assistant renders emergency
17treatment or first aid or a licensed dentist renders emergency
18dental treatment to a minor, consent of the minor's parent or
19legal guardian need not be obtained if, in the sole opinion of
20the physician, advanced practice nurse, physician assistant,
21dentist, or hospital, the obtaining of consent is not
22reasonably feasible under the circumstances without adversely
23affecting the condition of such minor's health.
24    (b) Where a minor is the victim of a predatory criminal

 

 

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1sexual assault of a child, aggravated criminal sexual assault,
2criminal sexual assault, aggravated criminal sexual abuse or
3criminal sexual abuse, as provided in Sections 11-1.20 through
411-1.60 of the Criminal Code of 2012, the consent of the
5minor's parent or legal guardian need not be obtained to
6authorize a hospital, physician, advanced practice nurse,
7physician assistant, or other medical personnel to furnish
8medical care or counseling related to the diagnosis or
9treatment of any disease or injury arising from such offense.
10The minor may consent to such counseling, diagnosis or
11treatment as if the minor had reached his or her age of
12majority. Such consent shall not be voidable, nor subject to
13later disaffirmance, because of minority.
14(Source: P.A. 99-173, eff. 7-29-15.)