Public Act 100-0378
 
HB2700 EnrolledLRB100 08466 MJP 18584 b


  
    AN ACT concerning 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 changing Sections 0.01, 1, 1.5, 2, 3, 4, and 5 as 
follows:
 



    (410 ILCS 210/0.01)  (from Ch. 111, par. 4500)



    Sec. 0.01. Short title. This Act may be cited as the 
Consent by Minors to Health Care Services Medical Procedures 
Act.

(Source: P.A. 86-1324.)

 



    (410 ILCS 210/1)  (from Ch. 111, par. 4501)


    Sec. 1. Consent by minor. The consent to the performance of 
a health care service medical or
surgical procedure
by a 
physician licensed to practice medicine in all its branches, a 
chiropractic physician, a licensed optometrist and surgery, a 
licensed advanced practice nurse, or a licensed physician 
assistant executed by a
married person who is a minor, by a 
parent who is a minor, by a pregnant
woman who is a minor, or by

any person 18 years of age or older, is not voidable because of 
such
minority, and, for such purpose, a married person who is a 
minor, a parent
who is a minor, a
pregnant woman who is a 
minor, or any person 18 years of age or older, is
deemed to 
have the same legal capacity to act and has the same powers and

obligations as has a person of legal age.

(Source: P.A. 99-173, eff. 7-29-15.)

 
    (410 ILCS 210/1.5)
    Sec. 1.5. Consent by minor seeking care for limited primary 
care services. 
    (a)  The consent to the performance of primary care services 
by a physician licensed to practice medicine in all its 
branches, a licensed advanced practice nurse, or a licensed 
physician assistant, a chiropractic physician, or a licensed 
optometrist 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, eye care services, excluding 
    advanced optometric procedures, provided by optometrists, 
    and services provided by chiropractic physicians according 
    to the scope of practice of chiropractic physicians under 
    the Medical Practice Act of 1987.  "Primary care services" 
    does not include invasive care, beyond standard 
    injections, laceration care, or non-surgical fracture 
    care.

(Source: P.A. 98-671, eff. 10-1-14; 99-173, eff. 7-29-15.)
 



    (410 ILCS 210/2)  (from Ch. 111, par. 4502)


    Sec. 2. Any parent, including a parent who is a minor, may 
consent to the
performance upon his or her child of a health 
care service medical or surgical procedure by a
physician 
licensed to practice medicine in all its branches, a 
chiropractic physician, a licensed optometrist and surgery, a 
licensed advanced practice nurse, or a licensed physician 
assistant or a dental procedure
by a licensed dentist. The 
consent of a parent who is a minor shall not be
voidable 
because of such minority, but, for such purpose, a parent who 
is a
minor shall be deemed to have the same legal capacity to 
act and shall have
the same powers and obligations as has a 
person of legal age.

(Source: P.A. 99-173, eff. 7-29-15.)

 


    (410 ILCS 210/3)  (from Ch. 111, par. 4503)




    Sec. 3. (a) Where a hospital, a physician licensed to 
practice medicine in all its branches, a chiropractic 
physician, a licensed optometrist
or surgery, a licensed 
advanced practice nurse, or a licensed physician assistant 
renders emergency treatment or first aid or a licensed dentist

renders emergency dental treatment to a minor, consent of the 
minor's parent
or legal guardian need not be obtained if, in 
the sole opinion of the
physician, chiropractic physician, 
optometrist,
advanced practice nurse, physician assistant,

dentist, or hospital, the obtaining of consent is not 
reasonably feasible
under the circumstances without adversely 
affecting the condition of such
minor's health.

    (b) Where a minor is the victim of a predatory criminal 
sexual assault of
a child, aggravated criminal sexual assault, 
criminal sexual assault,
aggravated criminal sexual abuse or 
criminal sexual abuse, as provided in
Sections 11-1.20 through 
11-1.60 of the Criminal Code of 2012, the consent
of the 
minor's parent or legal guardian need not be obtained to 
authorize
a hospital, physician, chiropractic physician, 
optometrist, advanced practice nurse, physician assistant, or 
other medical personnel to furnish health medical care services

or counseling related to the diagnosis or treatment of any 
disease or injury
arising from such offense. The minor may 
consent to such counseling, diagnosis
or treatment as if the 
minor had reached his or her age of majority. Such
consent 
shall not be voidable, nor subject to later disaffirmance, 
because
of minority.

(Source: P.A. 99-173, eff. 7-29-15.)

 



    (410 ILCS 210/4)  (from Ch. 111, par. 4504)



    Sec. 4. Sexually transmitted disease; drug or alcohol 
abuse. 
Notwithstanding any other provision of law, a minor 12 
years of
age or older who may have come into contact with any 
sexually transmitted disease, or
may be determined to be an 
addict, an alcoholic or an intoxicated person,
as defined in 
the Alcoholism and Other Drug Abuse and
Dependency Act, or who

may have a family member who abuses drugs or alcohol, may give 
consent to
the furnishing of health medical care services or 
counseling related to the diagnosis or
treatment of the 
disease. Each incident of sexually transmitted disease shall be

reported to the State Department of Public Health or the local 
board of
health in accordance with regulations adopted under 
statute or ordinance.
The consent of the parent, parents, or 
legal guardian of a minor shall not
be necessary to authorize 
health medical care services or counseling related to the

diagnosis or treatment of sexually transmitted disease or drug

use or alcohol
consumption by the minor or the effects on the 
minor of drug or alcohol
abuse by a member of the minor's 
family. The consent of the minor shall be
valid and binding as 
if the minor had achieved his or her majority. The
consent 
shall not be voidable nor subject to later disaffirmance 
because
of minority.

    Anyone involved in the furnishing of health medical 
services care to the minor or
counseling related to the 
diagnosis or treatment of the minor's disease or
drug or 
alcohol use by the minor or a member of the minor's family 
shall,
upon the minor's consent, make reasonable efforts, to 
involve the family of
the minor in his or her treatment, if the 
person furnishing treatment
believes that the involvement of 
the family will not be detrimental to the
progress and care of 
the minor.  Reasonable effort shall be extended to
assist the 
minor in accepting the involvement of his or her family in the

care and treatment being given.

(Source: P.A. 88-670, eff. 12-2-94; 89-187, eff. 7-19-95.)

 



    (410 ILCS 210/5)  (from Ch. 111, par. 4505)



    Sec. 5. Counseling; informing parent or guardian. Any 
physician licensed to practice medicine in all its branches, 
advanced practice nurse, or physician assistant,
who
provides 
diagnosis or treatment or any
licensed clinical psychologist or 
professionally trained social worker
with a master's degree or 
any qualified person employed (i) by an
organization licensed 
or funded by the Department of Human
Services, (ii) by units of 
local
government, or (iii) by agencies or organizations 
operating drug abuse programs
funded or licensed by the Federal 
Government or the State of Illinois
or any qualified person 
employed by or associated with any public or private
alcoholism 
or drug abuse program licensed by the State of Illinois who

provides counseling to a minor patient who has come into 
contact with any
sexually transmitted disease referred to in 
Section 4 of this
Act may, but shall not be
obligated to, 
inform the parent, parents, or guardian of the minor as to
the 
treatment given or needed. Any person described in this Section 
who
provides counseling to a minor who abuses drugs or alcohol 
or has a family
member who abuses drugs or alcohol shall not 
inform the parent, parents,
guardian, or other responsible 
adult of the minor's condition or treatment
without the minor's 
consent unless that action is, in the person's
judgment, 
necessary to protect the safety of the minor, a family member, 
or
another individual.

    Any such person shall, upon the minor's consent, make 
reasonable efforts
to involve the family of the minor in his or 
her treatment, if the person
furnishing the treatment believes 
that the involvement of the family will
not be detrimental to 
the progress and care of the minor.  Reasonable effort
shall be 
extended to assist the minor in accepting the involvement of 
his
or her family in the care and treatment being given.

(Source: P.A. 93-962, eff. 8-20-04.)