Bill Text: CT HB06021 | 2017 | General Assembly | Comm Sub


Bill Title: An Act Concerning Homeless And Unaccompanied Minor Consent To Primary Care.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2017-04-25 - No Action [HB06021 Detail]

Download: Connecticut-2017-HB06021-Comm_Sub.html

General Assembly

 

Substitute Bill No. 6021

    January Session, 2017

 

*_____HB06021PH____032317____*

AN ACT CONCERNING HOMELESS AND UNACCOMPANIED MINOR CONSENT TO PRIMARY CARE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2017) As used in this section and section 2 of this act:

(1) "Minor" means a person fourteen years of age or older, but less than eighteen years of age, who is (A) living apart from and not in the physical custody, as defined in section 46b-115a of the general statutes, of a parent or legal guardian, with or without the consent of the parent or legal guardian, and (B) unable or unwilling to return to the custody of the parent or legal guardian, including, but not limited to, such a minor who is homeless or committed to the custody of the Department of Children and Families;

(2) "Primary care services" means health care services that include, but need not be limited to, a routine physical examination or screening, the administration or prescribing of medications and immunizations and the treatment of an illness or condition customarily provided by a licensed health care professional in an outpatient setting. "Primary care services" does not include invasive care that goes beyond the administration of a standard injection, the treatment of a laceration or the provision of nonsurgical care for a fracture; and

(3) "Homeless" means lacking a fixed, regular and adequate nighttime residence.

Sec. 2. (NEW) (Effective July 1, 2017) (a) A minor may provide consent to the provision of primary care services by a physician licensed under chapter 370 of the general statutes, a physician assistant licensed under chapter 370 of the general statutes or an advanced practice registered nurse licensed under chapter 378 of the general statutes. A minor seeking primary care services under this section shall have the full legal capacity to act and all of the rights, powers, privileges and obligations, including contractual obligations, of a person eighteen years of age or older when:

(1) The physician, physician assistant or advanced practice registered nurse providing primary care services believes the minor seeking such services understands the benefits and the risks of such services; and

(2) The minor seeking primary care services is identified in writing as a minor seeking such services by (A) an adult relative who shall submit a sworn affidavit attesting to the minor's custodial status to the provider of primary care services, (B) a representative of an agency that provides support services to homeless youth and youth at risk of homelessness, (C) an attorney admitted to practice in the state, (D) a local educational agency liaison for homeless children and youths, as described in 42 USC 11432, or (E) a school social worker.

(b) No physician, physician assistant or advanced practice registered nurse who provides primary care services to a minor who consents to such services under subsection (a) of this section shall be subject to civil or criminal liability or discipline for unprofessional conduct for failure to obtain the consent of such minor's parent or legal guardian.

(c) The primary care services and the medical records of the primary care services provided to a minor under this section shall be confidential and shall not be disclosed or disseminated without the consent of the minor.

(d) Nothing in this section shall be construed to affect the right of a parent or legal guardian of a minor to authorize, verbally or in writing, the provision of health care services to the minor in the absence of the parent or legal guardian.

(e) Any minor who consents to the provision of primary care services under this section shall be liable for the reasonable and necessary costs, fees and expenses associated with the provision of such services.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2017

New section

Sec. 2

July 1, 2017

New section

PH

Joint Favorable Subst.

 
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