HB4501 EngrossedLRB098 17938 RPM 53062 b

1    AN ACT concerning public 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 adding Section 1.5 as follows:
 
6    (410 ILCS 210/1.5 new)
7    Sec. 1.5. Consent by minor seeking care for primary care
8services.
9    (a) The consent to the performance of primary care services
10by a physician licensed to practice medicine in all its
11branches, an advanced practice nurse who has a written
12collaborative agreement with a collaborating physician that
13authorizes provision of services for minors, or a physician
14assistant who has been delegated authority to provide services
15for minors executed by a minor seeking care is not voidable
16because of such minority, and for such purpose, a minor seeking
17care is deemed to have the same legal capacity to act and has
18the same powers and obligations as has a person of legal age
19under the following circumstances:
20        (1) the health care professional reasonably believes
21    that the minor seeking care understands the benefits and
22    risks of any proposed primary care or services; and
23        (2) the minor seeking care is identified in writing as

 

 

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

 

 

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1professional's disclosure of confidential information to the
2additional person with the consent of the minor seeking care,
3when reasonably necessary to accomplish the purpose for which
4the additional person is consulted, or (3) by the health care
5professional billing a health benefit insurance or plan under
6which the minor seeking care is insured, is enrolled, or has
7coverage for the services provided.
8    (d) Nothing in this Section shall be construed to limit or
9expand a minor's existing powers and obligations under any
10federal, State, or local law. Nothing in this Section shall be
11construed to affect the Parental Notice of Abortion Act of
121995. Nothing in this Section affects the right or authority of
13a parent or legal guardian to verbally, in writing, or
14otherwise authorize health care services to be provided for a
15minor in their absence.
16    (e) For the purposes of this Section:
17        "Minor seeking care" means a person at least 14 years
18    of age but less than 18 years of age who is living separate
19    and apart from his or her parents or legal guardian,
20    whether with or without the consent of a parent or legal
21    guardian who is unable or unwilling to return to the
22    residence of a parent, and managing his or her own personal
23    affairs. "Minor seeking care" does not include minors who
24    are under the protective custody, temporary custody, or
25    guardianship of the Department of Children and Family
26    Services.

 

 

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1        "Primary care services" means health care services
2    that include screening, counseling, immunizations,
3    medication, and treatment of illness and conditions
4    customarily provided by licensed health care professionals
5    in an out-patient setting. "Primary care services" does not
6    include invasive care, beyond standard injections,
7    laceration care, or non-surgical fracture care.
 
8    Section 99. Effective date. This Act takes effect October
91, 2014.