HB4501 98TH GENERAL ASSEMBLY

LRB098 17938 RPM 53062 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4501

Introduced , by Rep. Greg Harris

SYNOPSIS AS INTRODUCED:

410 ILCS 210/1	from Ch. 111, par. 4501
410 ILCS 210/1.5 new

Amends the Consent by Minors to Medical Procedures Act. Provides that a minor may be deemed an "unaccompanied minor" if the minor (1) 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 and regardless of the duration of the separate residence, and (2) is managing his or her own personal affairs. Provides that the consent of an unaccompanied minor to a medical or surgical procedure by a health care provider is considered valid if (i) the health care provider rendering the medical or surgical procedure under the Act relied in good faith upon the representations of the minor that the minor is an unaccompanied minor or (ii) the minor is identified, verbally or in writing, as an unaccompanied minor by certain entities. Sets forth provisions concerning liabilities, minors' powers, and third parties.

A BILL FOR

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 changing Section 1 and by adding Section 1.5 as follows:

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

Sec. 1. Consent by minor. The consent to the performance of a medical or surgical procedure by a physician licensed to practice medicine and surgery, 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 married person who is a minor, by a parent who is a minor, by a pregnant woman who is a minor, by an unaccompanied 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, an unaccompanied 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. 93-962, eff. 8-20-04.)

(410 ILCS 210/1.5 new)

Sec. 1.5. Unaccompanied minors.

(a) For the purposes of this Act, "unaccompanied minor" means a minor who is (1) living separate and apart from his or her parents or legal guardian, whether with or without the consent of a parent or legal guardian and regardless of the duration of the separate residence, and (2) managing his or her own personal affairs.

(b) The consent of an unaccompanied minor to a medical or surgical procedure by a health care provider listed in Section 1 of this Act is considered valid if:

(1) the health care provider rendering the medical or surgical procedure under Section 1 of this Act relied in good faith upon the representations of the minor that the minor is an unaccompanied minor as defined in subsection (a); or

(2) the minor is identified, verbally or in writing, as an unaccompanied minor as defined in subsection (a) by:

(A) 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;

(B) an attorney licensed to practice law in this State;

(C) a public school homeless liaison or school social worker;

(D) a human services provider funded by this State to serve homeless or runaway youth, individuals with mental illness, or individuals with addictions; or

(E) a representative of a religious organization that offers services to the homeless.

(c) A health care provider rendering the medical or surgical procedure under Section 1 of this Act shall not incur civil or criminal liability due to minority for failing 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 (b) of this Section.

(d) Except as provided in subsection (f), nothing in this Section shall be construed to affect the duties or liability of the health care provider rendering the medical or surgical procedure under Section 1 of this Act under federal, State, or local law or for failure to meet the standards of care common throughout the health professions in this State.

(e) Except as provided in subsection (f), 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.

(f) The confidential nature of any communication between a health care provider described in Section 1 and an unaccompanied minor is not waived (1) by the presence, at the time of the communication, of any additional persons present at the request of the unaccompanied minor, including, but not limited to, an interpreter, advocate, case manager, or other person that the minor trusts, to further express the best interests of the unaccompanied minor and assist the unaccompanied minor in decision making regarding a medical or surgical procedure, or (2) by the health care provider's disclosure of confidential information to the additional person with the consent of the unaccompanied minor, when reasonably necessary to accomplish the purpose for which the additional person is consulted.