Bill Text: NJ S2503 | 2014-2015 | Regular Session | Introduced
Bill Title: "Boys & Girls Clubs Keystone Law"; permits minors to give consent for behavioral health care.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2015-05-18 - Substituted by A3435 (2R) [S2503 Detail]
Download: New_Jersey-2014-S2503-Introduced.html
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
"Boys & Girls Clubs Keystone Law"; permits minors to give consent for behavioral health care.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning minor's consent for behavioral health care, designated as "Boys & Girls Clubs Keystone Law," and amending P.L.1968, c.230.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1968, c.230 (C.9:17A-4) is amended to read as follows:
1. The consent to the provision of medical or surgical care or services by a hospital, public clinic, or the performance of medical or surgical care or services by a physician, licensed to practice medicine, when executed by a minor who is or believes that he may be afflicted with a venereal disease, or who is at least 13 years of age and is or believes that he may be infected with the human immunodeficiency virus or have acquired immune deficiency syndrome, or by a minor who, in the judgment of a treating physician, appears to have been sexually assaulted, shall be valid and binding as if the minor had achieved his or her majority, as the case may be. Any such consent shall not be subject to later disaffirmance by reason of minority. In the case of a minor who appears to have been sexually assaulted, the minor's parents or guardian shall be notified immediately, unless the attending physician believes that it is in the best interests of the patient not to do so; however, inability of the treating physician, hospital, or clinic to locate or notify the parents or guardian shall not preclude the provision of any necessary emergency medical or surgical care to the minor.
When a minor believes that he
is suffering from the use of drugs or is a drug dependent person as defined in
section 2 of P.L.1970, c.226 (C.24:21-2) or is suffering from alcohol
dependency or is an alcoholic as defined in section 2 of P.L.1975, c.305
(C.26:2B-8), his consent to treatment under the supervision of a physician
licensed to practice medicine, or an individual licensed or certified to
provide treatment for alcoholism, or in a facility licensed by the State
to provide for the treatment of alcoholism shall be valid and binding as if the
minor had achieved [his
or her] the
age of majority [,
as the case may be].
Any such consent shall not be subject to later disaffirmance by reason of
minority. Treatment for drug use, drug abuse, alcohol use or alcohol abuse
that is consented to by a minor shall be considered confidential information
between the physician, the treatment provider, or the treatment
facility, as appropriate, and [his] the patient, and
neither the minor nor his physician, treatment provider, or treatment
facility, as appropriate, shall be required to report such treatment when it is
the result of
voluntary consent, except as may otherwise be required by law.
When a minor believes that he is in need of behavioral health care services for the treatment of mental illness or emotional disorders, his consent to treatment under the supervision of a physician licensed to practice medicine, or an individual licensed to provide professional counseling under Title 45 of the Revised Statutes, including, but not limited to, a psychiatrist, licensed practicing psychologist, certified social worker, licensed clinical social worker, licensed social worker, licensed marriage and family therapist, certified psychoanalyst, licensed psychologist or licensed clinical social worker, or in a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall be valid and binding as if the minor had achieved the age of majority. Any such consent shall not be subject to later disaffirmance by reason of minority. Treatment for behavioral health care services for mental illness or emotional disorders that is consented to by a minor shall be considered confidential information between the physician, the individual licensed to provide professional counseling, or the health care facility, as appropriate, and the patient, and neither the minor nor his physician, professional counselor, or health care facility, as appropriate, shall be required to report such treatment when it is the result of voluntary consent.
The consent of no other person or persons, including but not limited to, a spouse, parent, custodian or guardian, shall be necessary in order to authorize such hospital, facility or clinical care or services [or], medical or surgical care or services, or counseling to be provided by: a physician licensed to practice medicine [or by]; an individual licensed or certified to provide treatment for alcoholism; or an individual licensed to provide professional counseling under Title 45 of the Revised Statutes, as appropriate, to such a minor.
(cf: P.L.2005, c.342, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill, designated as "Boys & Girls Clubs Keystone Law," amends current law to permit a minor to give consent for behavioral health care for the treatment of mental illness or emotional disorders. The bill provides that the minor's consent to treatment under the supervision of a physician, an individual licensed to provide professional counseling, including, but not limited to, a psychiatrist, licensed practicing psychologist, certified social worker, licensed clinical social worker, licensed social worker, licensed marriage and family therapist, certified psychoanalyst, licensed psychologist or licensed clinical social worker, or in a health care facility would be valid and binding as if the minor had achieved majority.
Additionally, this treatment would be considered confidential information between the physician, the individual who is licensed to provide professional counseling, or the health care facility, as appropriate, and the patient.
The provisions of the bill are similar to those which already permit a minor to consent to treatment for venereal disease, human immunodeficiency virus, acquired immune deficiency syndrome, sexual assault, or drug or alcohol abuse.
The bill is designated as "Boys & Girls Clubs Keystone Law" in honor of the members of the Keystone Club of the Hudson County Boys & Girls Clubs, who were concerned about suicide and self harm among teenagers.
