100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2700

 

Introduced , by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
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 licensed optometrist.


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A BILL FOR

 

HB2700LRB100 08466 MJP 18584 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 changing Sections 1, 1.5, 2, and 3 as follows:
 
6    (410 ILCS 210/1)  (from Ch. 111, par. 4501)
7    Sec. 1. Consent by minor. The consent to the performance of
8a medical or surgical procedure by a physician licensed to
9practice medicine and surgery, a licensed advanced practice
10nurse, a licensed optometrist, or a licensed physician
11assistant executed by a married person who is a minor, by a
12parent who is a minor, by a pregnant woman who is a minor, or by
13any person 18 years of age or older, is not voidable because of
14such minority, and, for such purpose, a married person who is a
15minor, a parent who is a minor, a pregnant woman who is a
16minor, or any person 18 years of age or older, is deemed to
17have the same legal capacity to act and has the same powers and
18obligations as has a person of legal age.
19(Source: P.A. 99-173, eff. 7-29-15.)
 
20    (410 ILCS 210/1.5)
21    Sec. 1.5. Consent by minor seeking care for primary care
22services.

 

 

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1    (a) The consent to the performance of primary care services
2by a physician licensed to practice medicine in all its
3branches, a licensed advanced practice nurse, a licensed
4optometrist, or a licensed physician assistant executed by a
5minor seeking care is not voidable because of such minority,
6and for such purpose, a minor seeking care is deemed to have
7the same legal capacity to act and has the same powers and
8obligations as has a person of legal age under the following
9circumstances:
10        (1) the health care professional reasonably believes
11    that the minor seeking care understands the benefits and
12    risks of any proposed primary care or services; and
13        (2) the minor seeking care is identified in writing as
14    a minor seeking care by:
15            (A) an adult relative;
16            (B) a representative of a homeless service agency
17        that receives federal, State, county, or municipal
18        funding to provide those services or that is otherwise
19        sanctioned by a local continuum of care;
20            (C) an attorney licensed to practice law in this
21        State;
22            (D) a public school homeless liaison or school
23        social worker;
24            (E) a social service agency providing services to
25        at risk, homeless, or runaway youth; or
26            (F) a representative of a religious organization.

 

 

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1    (b) A health care professional rendering primary care
2services under this Section shall not incur civil or criminal
3liability for failure to obtain valid consent or professional
4discipline for failure to obtain valid consent if he or she
5relied in good faith on the representations made by the minor
6or the information provided under paragraph (2) of subsection
7(a) of this Section. Under such circumstances, good faith shall
8be presumed.
9    (c) The confidential nature of any communication between a
10health care professional described in Section 1 of this Act and
11a minor seeking care is not waived (1) by the presence, at the
12time of communication, of any additional persons present at the
13request of the minor seeking care, (2) by the health care
14professional's disclosure of confidential information to the
15additional person with the consent of the minor seeking care,
16when reasonably necessary to accomplish the purpose for which
17the additional person is consulted, or (3) by the health care
18professional billing a health benefit insurance or plan under
19which the minor seeking care is insured, is enrolled, or has
20coverage for the services provided.
21    (d) Nothing in this Section shall be construed to limit or
22expand a minor's existing powers and obligations under any
23federal, State, or local law. Nothing in this Section shall be
24construed to affect the Parental Notice of Abortion Act of
251995. Nothing in this Section affects the right or authority of
26a parent or legal guardian to verbally, in writing, or

 

 

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1otherwise authorize health care services to be provided for a
2minor in their absence.
3    (e) For the purposes of this Section:
4        "Minor seeking care" means a person at least 14 years
5    of age but less than 18 years of age who is living separate
6    and apart from his or her parents or legal guardian,
7    whether with or without the consent of a parent or legal
8    guardian who is unable or unwilling to return to the
9    residence of a parent, and managing his or her own personal
10    affairs. "Minor seeking care" does not include minors who
11    are under the protective custody, temporary custody, or
12    guardianship of the Department of Children and Family
13    Services.
14        "Primary care services" means health care services
15    that include screening, counseling, immunizations,
16    medication, and treatment of illness and conditions
17    customarily provided by licensed health care professionals
18    in an out-patient setting. "Primary care services" does not
19    include invasive care, beyond standard injections,
20    laceration care, or non-surgical fracture care.
21(Source: P.A. 98-671, eff. 10-1-14; 99-173, eff. 7-29-15.)
 
22    (410 ILCS 210/2)  (from Ch. 111, par. 4502)
23    Sec. 2. Any parent, including a parent who is a minor, may
24consent to the performance upon his or her child of a medical
25or surgical procedure by a physician licensed to practice

 

 

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1medicine and surgery, a licensed advanced practice nurse, a
2licensed optometrist, or a licensed physician assistant or a
3dental procedure by a licensed dentist. The consent of a parent
4who is a minor shall not be voidable because of such minority,
5but, for such purpose, a parent who is a minor shall be deemed
6to have the same legal capacity to act and shall have the same
7powers and obligations as has a person of legal age.
8(Source: P.A. 99-173, eff. 7-29-15.)
 
9    (410 ILCS 210/3)  (from Ch. 111, par. 4503)
10    Sec. 3. (a) Where a hospital, a physician licensed to
11practice medicine or surgery, a licensed advanced practice
12nurse, a licensed optometrist, or a licensed physician
13assistant renders emergency treatment or first aid or a
14licensed dentist renders emergency dental treatment to a minor,
15consent of the minor's parent or legal guardian need not be
16obtained if, in the sole opinion of the physician, advanced
17practice nurse, physician assistant, dentist, or hospital, the
18obtaining of consent is not reasonably feasible under the
19circumstances without adversely affecting the condition of
20such minor's health.
21    (b) Where a minor is the victim of a predatory criminal
22sexual assault of a child, aggravated criminal sexual assault,
23criminal sexual assault, aggravated criminal sexual abuse or
24criminal sexual abuse, as provided in Sections 11-1.20 through
2511-1.60 of the Criminal Code of 2012, the consent of the

 

 

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1minor's parent or legal guardian need not be obtained to
2authorize a hospital, physician, advanced practice nurse,
3physician assistant, or other medical personnel to furnish
4medical care or counseling related to the diagnosis or
5treatment of any disease or injury arising from such offense.
6The minor may consent to such counseling, diagnosis or
7treatment as if the minor had reached his or her age of
8majority. Such consent shall not be voidable, nor subject to
9later disaffirmance, because of minority.
10(Source: P.A. 99-173, eff. 7-29-15.)