Rep. Greg Harris

Filed: 3/18/2014

 

 


 

 


 
09800HB4501ham001LRB098 17938 RPM 57017 a

1
AMENDMENT TO HOUSE BILL 4501

2    AMENDMENT NO. ______. Amend House Bill 4501 by deleting
3everything after the enacting clause and inserting the
4following:
 
5    "Section 5. The Consent by Minors to Medical Procedures Act
6is amended by adding Section 1.5 as follows:
 
7    (410 ILCS 210/1.5 new)
8    Sec. 1.5. Consent by minor seeking care for primary care
9services.
10    (a) The consent to the performance of primary care services
11by a physician licensed to practice medicine in all its
12branches, an advanced practice nurse who has a written
13collaborative agreement with a collaborating physician that
14authorizes provision of services for minors, or a physician
15assistant who has been delegated authority to provide services
16for minors executed by a minor seeking care is not voidable

 

 

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1because of such minority, and for such purpose, a minor seeking
2care is deemed to have the same legal capacity to act and has
3the same powers and obligations as has a person of legal age
4under the following circumstances:
5        (1) the health care professional reasonably believes
6    that the minor seeking care understands the benefits and
7    risks of any proposed primary care or services; and
8        (2) the minor seeking care is identified in writing as
9    a minor seeking care by:
10            (A) an adult relative;
11            (B) a representative of a homeless service agency
12        that receives federal, State, county, or municipal
13        funding to provide those services or that is otherwise
14        sanctioned by a local continuum of care;
15            (C) an attorney licensed to practice law in this
16        State;
17            (D) a public school homeless liaison or school
18        social worker;
19            (E) a social service agency providing services to
20        at risk, homeless, or runaway youth; or
21            (F) a representative of a religious organization.
22    (b) A health care professional rendering primary care
23services under this Section shall not incur civil or criminal
24liability or professional discipline for failure to obtain
25valid consent if he or she relied in good faith on the
26representations made by the minor or the information provided

 

 

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1under paragraph (2) of subsection (a) of this Section. Under
2such circumstances, good faith shall be presumed.
3    (c) The confidential nature of any communication between a
4health care professional described in Section 1 of this Act and
5a minor seeking care is not waived (1) by the presence, at the
6time of communication, of any additional persons present at the
7request of the minor seeking care, (2) by the health care
8professional's disclosure of confidential information to the
9additional person with the consent of the minor seeking care,
10when reasonably necessary to accomplish the purpose for which
11the additional person is consulted, or (3) by the health care
12professional billing a health benefit insurance or plan under
13which the minor seeking care is insured, is enrolled, or has
14coverage for the services provided.
15    (d) Nothing in this Section shall be construed to limit or
16expand a minor's existing powers and obligations under any
17federal, State, or local law. Nothing in this Section shall be
18construed to affect the Parental Notice of Abortion Act of
191995. Nothing in this Section affects the right or authority of
20a parent or legal guardian to verbally, in writing, or
21otherwise authorize health care services to be provided for a
22minor in their absence.
23    (e) For the purposes of this Section:
24        "Minor seeking care" means a person at least 14 years
25    of age but less than 18 years of age who is living separate
26    and apart from his or her parents or legal guardian,

 

 

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1    whether with or without the consent of a parent or legal
2    guardian who is unable or unwilling to return to the
3    residence of a parent, and managing his or her own personal
4    affairs. "Minor seeking care" does not include minors who
5    are under the protective custody, temporary custody, or
6    guardianship of the Department of Children and Family
7    Services.
8        "Primary care services" means health care services
9    that include screening, counseling, immunizations,
10    medication, and treatment of illness and conditions
11    customarily provided by licensed health care professionals
12    in an out-patient setting. "Primary care services" does not
13    include invasive care, beyond standard injections,
14    laceration care, or non-surgical fracture care.".
 
15    Section 99. Effective date. This Act takes effect October
161, 2014.".