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Public Act 098-0671


 

Public Act 0671 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0671
 
HB4501 EnrolledLRB098 17938 RPM 53062 b

    AN ACT concerning public health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Consent by Minors to Medical Procedures Act
is amended by adding Section 1.5 as follows:
 
    (410 ILCS 210/1.5 new)
    Sec. 1.5. Consent by minor seeking care for primary care
services.
    (a) The consent to the performance of primary care services
by a physician licensed to practice medicine in all its
branches, an advanced practice nurse who has a written
collaborative agreement with a collaborating physician that
authorizes provision of services for minors, or a physician
assistant who has been delegated authority to provide services
for minors executed by a minor seeking care is not voidable
because of such minority, and for such purpose, a minor seeking
care is deemed to have the same legal capacity to act and has
the same powers and obligations as has a person of legal age
under the following circumstances:
        (1) the health care professional reasonably believes
    that the minor seeking care understands the benefits and
    risks of any proposed primary care or services; and
        (2) the minor seeking care is identified in writing as
    a minor seeking care by:
            (A) an adult relative;
            (B) a representative of a homeless service agency
        that receives federal, State, county, or municipal
        funding to provide those services or that is otherwise
        sanctioned by a local continuum of care;
            (C) an attorney licensed to practice law in this
        State;
            (D) a public school homeless liaison or school
        social worker;
            (E) a social service agency providing services to
        at risk, homeless, or runaway youth; or
            (F) a representative of a religious organization.
    (b) A health care professional rendering primary care
services under this Section shall not incur civil or criminal
liability for failure to obtain valid consent or professional
discipline for failure to obtain valid consent if he or she
relied in good faith on the representations made by the minor
or the information provided under paragraph (2) of subsection
(a) of this Section. Under such circumstances, good faith shall
be presumed.
    (c) The confidential nature of any communication between a
health care professional described in Section 1 of this Act and
a minor seeking care is not waived (1) by the presence, at the
time of communication, of any additional persons present at the
request of the minor seeking care, (2) by the health care
professional's disclosure of confidential information to the
additional person with the consent of the minor seeking care,
when reasonably necessary to accomplish the purpose for which
the additional person is consulted, or (3) by the health care
professional billing a health benefit insurance or plan under
which the minor seeking care is insured, is enrolled, or has
coverage for the services provided.
    (d) Nothing in this Section shall be construed to limit or
expand a minor's existing powers and obligations under any
federal, State, or local law. Nothing in this Section shall be
construed to affect the Parental Notice of Abortion Act of
1995. Nothing in this Section affects the right or authority of
a parent or legal guardian to verbally, in writing, or
otherwise authorize health care services to be provided for a
minor in their absence.
    (e) For the purposes of this Section:
        "Minor seeking care" means a person at least 14 years
    of age but less than 18 years of age who is living separate
    and apart from his or her parents or legal guardian,
    whether with or without the consent of a parent or legal
    guardian who is unable or unwilling to return to the
    residence of a parent, and managing his or her own personal
    affairs. "Minor seeking care" does not include minors who
    are under the protective custody, temporary custody, or
    guardianship of the Department of Children and Family
    Services.
        "Primary care services" means health care services
    that include screening, counseling, immunizations,
    medication, and treatment of illness and conditions
    customarily provided by licensed health care professionals
    in an out-patient setting. "Primary care services" does not
    include invasive care, beyond standard injections,
    laceration care, or non-surgical fracture care.
 
    Section 99. Effective date. This Act takes effect October
1, 2014.

Effective Date: 10/1/2014