Rep. Jay Hoffman

Filed: 3/8/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2700

2    AMENDMENT NO. ______. Amend House Bill 2700 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Consent by Minors to Medical Procedures Act
5is amended by changing Sections 0.01, 1, 1.5, 2, 3, 4, and 5 as
6follows:
 
7    (410 ILCS 210/0.01)  (from Ch. 111, par. 4500)
8    Sec. 0.01. Short title. This Act may be cited as the
9Consent by Minors to Health Care Services Medical Procedures
10Act.
11(Source: P.A. 86-1324.)
 
12    (410 ILCS 210/1)  (from Ch. 111, par. 4501)
13    Sec. 1. Consent by minor. The consent to the performance of
14a health care service medical or surgical procedure by a
15physician licensed to practice medicine in all its branches, a

 

 

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1chiropractic physician, a licensed optometrist and surgery, a
2licensed advanced practice nurse, or a licensed physician
3assistant executed by a married person who is a minor, by a
4parent who is a minor, by a pregnant woman who is a minor, or by
5any person 18 years of age or older, is not voidable because of
6such minority, and, for such purpose, a married person who is a
7minor, a parent who is a minor, a pregnant woman who is a
8minor, or any person 18 years of age or older, is deemed to
9have the same legal capacity to act and has the same powers and
10obligations as has a person of legal age.
11(Source: P.A. 99-173, eff. 7-29-15.)
 
12    (410 ILCS 210/1.5)
13    Sec. 1.5. Consent by minor seeking care for limited primary
14care services.
15    (a) The consent to the performance of primary care services
16by a physician licensed to practice medicine in all its
17branches, a licensed advanced practice nurse, or a licensed
18physician assistant, a chiropractic physician, or a licensed
19optometrist executed by a minor seeking care is not voidable
20because of such minority, and for such purpose, a minor seeking
21care is deemed to have the same legal capacity to act and has
22the same powers and obligations as has a person of legal age
23under the following circumstances:
24        (1) the health care professional reasonably believes
25    that the minor seeking care understands the benefits and

 

 

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1    risks of any proposed primary care or services; and
2        (2) the minor seeking care is identified in writing as
3    a minor seeking care by:
4            (A) an adult relative;
5            (B) a representative of a homeless service agency
6        that receives federal, State, county, or municipal
7        funding to provide those services or that is otherwise
8        sanctioned by a local continuum of care;
9            (C) an attorney licensed to practice law in this
10        State;
11            (D) a public school homeless liaison or school
12        social worker;
13            (E) a social service agency providing services to
14        at risk, homeless, or runaway youth; or
15            (F) a representative of a religious organization.
16    (b) A health care professional rendering primary care
17services under this Section shall not incur civil or criminal
18liability for failure to obtain valid consent or professional
19discipline for failure to obtain valid consent if he or she
20relied in good faith on the representations made by the minor
21or the information provided under paragraph (2) of subsection
22(a) of this Section. Under such circumstances, good faith shall
23be presumed.
24    (c) The confidential nature of any communication between a
25health care professional described in Section 1 of this Act and
26a minor seeking care is not waived (1) by the presence, at the

 

 

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1time of communication, of any additional persons present at the
2request of the minor seeking care, (2) by the health care
3professional's disclosure of confidential information to the
4additional person with the consent of the minor seeking care,
5when reasonably necessary to accomplish the purpose for which
6the additional person is consulted, or (3) by the health care
7professional billing a health benefit insurance or plan under
8which the minor seeking care is insured, is enrolled, or has
9coverage for the services provided.
10    (d) Nothing in this Section shall be construed to limit or
11expand a minor's existing powers and obligations under any
12federal, State, or local law. Nothing in this Section shall be
13construed to affect the Parental Notice of Abortion Act of
141995. Nothing in this Section affects the right or authority of
15a parent or legal guardian to verbally, in writing, or
16otherwise authorize health care services to be provided for a
17minor in their absence.
18    (e) For the purposes of this Section:
19        "Minor seeking care" means a person at least 14 years
20    of age but less than 18 years of age who is living separate
21    and apart from his or her parents or legal guardian,
22    whether with or without the consent of a parent or legal
23    guardian who is unable or unwilling to return to the
24    residence of a parent, and managing his or her own personal
25    affairs. "Minor seeking care" does not include minors who
26    are under the protective custody, temporary custody, or

 

 

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1    guardianship of the Department of Children and Family
2    Services.
3        "Primary care services" means health care services
4    that include screening, counseling, immunizations,
5    medication, and treatment of illness and conditions
6    customarily provided by licensed health care professionals
7    in an out-patient setting, eye care services, excluding
8    advanced optometric procedures, provided by optometrists,
9    and services provided by chiropractic physicians according
10    to the scope of practice of chiropractic physicians under
11    the Medical Practice Act of 1987. "Primary care services"
12    does not include invasive care, beyond standard
13    injections, laceration care, or non-surgical fracture
14    care.
15(Source: P.A. 98-671, eff. 10-1-14; 99-173, eff. 7-29-15.)
 
16    (410 ILCS 210/2)  (from Ch. 111, par. 4502)
17    Sec. 2. Any parent, including a parent who is a minor, may
18consent to the performance upon his or her child of a health
19care service medical or surgical procedure by a physician
20licensed to practice medicine in all its branches, a
21chiropractic physician, a licensed optometrist and surgery, a
22licensed advanced practice nurse, or a licensed physician
23assistant or a dental procedure by a licensed dentist. The
24consent of a parent who is a minor shall not be voidable
25because of such minority, but, for such purpose, a parent who

 

 

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1is a minor shall be deemed to have the same legal capacity to
2act and shall have the same powers and obligations as has a
3person of legal age.
4(Source: P.A. 99-173, eff. 7-29-15.)
 
5    (410 ILCS 210/3)  (from Ch. 111, par. 4503)
6    Sec. 3. (a) Where a hospital, a physician licensed to
7practice medicine in all its branches, a chiropractic
8physician, a licensed optometrist or surgery, a licensed
9advanced practice nurse, or a licensed physician assistant
10renders emergency treatment or first aid or a licensed dentist
11renders emergency dental treatment to a minor, consent of the
12minor's parent or legal guardian need not be obtained if, in
13the sole opinion of the physician, chiropractic physician,
14optometrist, advanced practice nurse, physician assistant,
15dentist, or hospital, the obtaining of consent is not
16reasonably feasible under the circumstances without adversely
17affecting the condition of such minor's health.
18    (b) Where a minor is the victim of a predatory criminal
19sexual assault of a child, aggravated criminal sexual assault,
20criminal sexual assault, aggravated criminal sexual abuse or
21criminal sexual abuse, as provided in Sections 11-1.20 through
2211-1.60 of the Criminal Code of 2012, the consent of the
23minor's parent or legal guardian need not be obtained to
24authorize a hospital, physician, chiropractic physician,
25optometrist, advanced practice nurse, physician assistant, or

 

 

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1other medical personnel to furnish health medical care services
2or counseling related to the diagnosis or treatment of any
3disease or injury arising from such offense. The minor may
4consent to such counseling, diagnosis or treatment as if the
5minor had reached his or her age of majority. Such consent
6shall not be voidable, nor subject to later disaffirmance,
7because of minority.
8(Source: P.A. 99-173, eff. 7-29-15.)
 
9    (410 ILCS 210/4)  (from Ch. 111, par. 4504)
10    Sec. 4. Sexually transmitted disease; drug or alcohol
11abuse. Notwithstanding any other provision of law, a minor 12
12years of age or older who may have come into contact with any
13sexually transmitted disease, or may be determined to be an
14addict, an alcoholic or an intoxicated person, as defined in
15the Alcoholism and Other Drug Abuse and Dependency Act, or who
16may have a family member who abuses drugs or alcohol, may give
17consent to the furnishing of health medical care services or
18counseling related to the diagnosis or treatment of the
19disease. Each incident of sexually transmitted disease shall be
20reported to the State Department of Public Health or the local
21board of health in accordance with regulations adopted under
22statute or ordinance. The consent of the parent, parents, or
23legal guardian of a minor shall not be necessary to authorize
24health medical care services or counseling related to the
25diagnosis or treatment of sexually transmitted disease or drug

 

 

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1use or alcohol consumption by the minor or the effects on the
2minor of drug or alcohol abuse by a member of the minor's
3family. The consent of the minor shall be valid and binding as
4if the minor had achieved his or her majority. The consent
5shall not be voidable nor subject to later disaffirmance
6because of minority.
7    Anyone involved in the furnishing of health medical
8services care to the minor or counseling related to the
9diagnosis or treatment of the minor's disease or drug or
10alcohol use by the minor or a member of the minor's family
11shall, upon the minor's consent, make reasonable efforts, to
12involve the family of the minor in his or her treatment, if the
13person furnishing treatment believes that the involvement of
14the family will not be detrimental to the progress and care of
15the minor. Reasonable effort shall be extended to assist the
16minor in accepting the involvement of his or her family in the
17care and treatment being given.
18(Source: P.A. 88-670, eff. 12-2-94; 89-187, eff. 7-19-95.)
 
19    (410 ILCS 210/5)  (from Ch. 111, par. 4505)
20    Sec. 5. Counseling; informing parent or guardian. Any
21physician licensed to practice medicine in all its branches,
22advanced practice nurse, or physician assistant, who provides
23diagnosis or treatment or any licensed clinical psychologist or
24professionally trained social worker with a master's degree or
25any qualified person employed (i) by an organization licensed

 

 

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1or funded by the Department of Human Services, (ii) by units of
2local government, or (iii) by agencies or organizations
3operating drug abuse programs funded or licensed by the Federal
4Government or the State of Illinois or any qualified person
5employed by or associated with any public or private alcoholism
6or drug abuse program licensed by the State of Illinois who
7provides counseling to a minor patient who has come into
8contact with any sexually transmitted disease referred to in
9Section 4 of this Act may, but shall not be obligated to,
10inform the parent, parents, or guardian of the minor as to the
11treatment given or needed. Any person described in this Section
12who provides counseling to a minor who abuses drugs or alcohol
13or has a family member who abuses drugs or alcohol shall not
14inform the parent, parents, guardian, or other responsible
15adult of the minor's condition or treatment without the minor's
16consent unless that action is, in the person's judgment,
17necessary to protect the safety of the minor, a family member,
18or another individual.
19    Any such person shall, upon the minor's consent, make
20reasonable efforts to involve the family of the minor in his or
21her treatment, if the person furnishing the treatment believes
22that the involvement of the family will not be detrimental to
23the progress and care of the minor. Reasonable effort shall be
24extended to assist the minor in accepting the involvement of
25his or her family in the care and treatment being given.
26(Source: P.A. 93-962, eff. 8-20-04.)".