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90_HB1522
410 ILCS 210/1 from Ch. 111, par. 4501
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 by
making it applicable to a licensed physician (now a physician
licensed to practice medicine and surgery). Effective
immediately.
LRB9003260MWpc
LRB9003260MWpc
1 AN ACT to amend the Consent by Minors to Medical
2 Procedures Act by changing Sections 1, 2, and 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Consent by Minors to Medical Procedures
6 Act is amended by changing Sections 1, 2, and 3 as follows:
7 (410 ILCS 210/1) (from Ch. 111, par. 4501)
8 Sec. 1. Consent by minor. The consent to the performance
9 of a medical or surgical procedure by a licensed physician
10 licensed to practice medicine and surgery executed by a
11 married person who is a minor, by a parent who is a minor, by
12 a pregnant woman who is a minor, or by any person 18 years of
13 age or older, is not voidable because of such minority, and,
14 for such purpose, a married person who is a minor, a parent
15 who is a minor, a pregnant woman who is a minor, or any
16 person 18 years of age or older, is deemed to have the same
17 legal capacity to act and has the same powers and obligations
18 as has a person of legal age.
19 (Source: P.A. 89-187, eff. 7-19-95.)
20 (410 ILCS 210/2) (from Ch. 111, par. 4502)
21 Sec. 2. Any parent, including a parent who is a minor,
22 may consent to the performance upon his or her child of a
23 medical or surgical procedure by a licensed physician
24 licensed to practice medicine and surgery or a dental
25 procedure by a licensed dentist. The consent of a parent who
26 is a minor shall not be voidable because of such minority,
27 but, for such purpose, a parent who is a minor shall be
28 deemed to have the same legal capacity to act and shall have
29 the same powers and obligations as has a person of legal age.
30 (Source: P.A. 77-1661.)
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1 (410 ILCS 210/3) (from Ch. 111, par. 4503)
2 Sec. 3. (a) Where a hospital or a licensed physician,
3 licensed to practice medicine or surgery, renders emergency
4 treatment or first aid or a licensed dentist renders
5 emergency dental treatment to a minor, consent of the minor's
6 parent or legal guardian need not be obtained if, in the sole
7 opinion of the physician, dentist or hospital, the obtaining
8 of consent is not reasonably feasible under the circumstances
9 without adversely affecting the condition of such minor's
10 health.
11 (b) Where a minor is the victim of a predatory criminal
12 sexual assault of a child, aggravated criminal sexual
13 assault, criminal sexual assault, aggravated criminal sexual
14 abuse or criminal sexual abuse, as provided in Sections 12-13
15 through 12-16 of the Criminal Code of 1961, as now or
16 hereafter amended, the consent of the minor's parent or legal
17 guardian need not be obtained to authorize a hospital,
18 physician or other medical personnel to furnish medical care
19 or counseling related to the diagnosis or treatment of any
20 disease or injury arising from such offense. The minor may
21 consent to such counseling, diagnosis or treatment as if the
22 minor had reached his or her age of majority. Such consent
23 shall not be voidable, nor subject to later disaffirmance,
24 because of minority.
25 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.