Bill Text: IA SF2075 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act allowing parents, guardians, or custodians of a minor to confer health care treatment decisions related to that minor to other adult persons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-30 - Subcommittee, Hogg, Garrett, and Petersen. S.J. 162. [SF2075 Detail]
Download: Iowa-2013-SF2075-Introduced.html
Senate
File
2075
-
Introduced
SENATE
FILE
2075
BY
MATHIS
A
BILL
FOR
An
Act
allowing
parents,
guardians,
or
custodians
of
a
minor
to
1
confer
health
care
treatment
decisions
related
to
that
minor
2
to
other
adult
persons.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5332XS
(5)
85
ad/nh
S.F.
2075
Section
1.
NEW
SECTION
.
239.1
Title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
“Health
2
Care
Consent
Act”
.
3
Sec.
2.
NEW
SECTION
.
239.2
Authorization
for
consent
to
4
health
care
treatment
and
information.
5
1.
a.
A
parent,
guardian,
or
custodian
of
a
minor
may
6
authorize
an
adult
person
to
exercise
certain
concurrent
7
parental
rights
and
responsibilities
in
regard
to
the
minor
8
as
described
in
subsection
4.
If
conflicting
decisions
are
9
made
under
such
concurrent
rights
and
responsibilities,
the
10
decision
of
the
parent,
guardian,
or
custodian
shall
supersede
11
the
decision
of
the
person
upon
whom
the
parental
rights
and
12
responsibilities
were
conferred.
13
b.
“Minor”
,
for
purposes
of
this
chapter,
means
a
person
14
under
eighteen
years
of
age
who
has
not
been
and
is
not
15
married.
16
2.
The
parent,
guardian,
or
custodian
of
a
minor
may
17
only
confer
those
parental
rights
and
responsibilities
that
18
the
parent,
guardian,
or
custodian
lawfully
possesses
and
19
such
authorization
shall
not
divest
the
parent,
guardian,
20
or
custodian
of
the
minor
of
the
parental
rights
and
21
responsibilities.
22
3.
The
parent,
guardian,
or
custodian
of
a
minor
shall
23
not
authorize
an
adult
person
to
exercise
parental
rights
and
24
responsibilities
under
this
section
to
circumvent
any
state
or
25
federal
law,
or
to
reconfer
rights
to
a
person
from
whom
those
26
rights
have
been
removed
by
a
court
of
law.
27
4.
The
parental
rights
and
responsibilities
which
may
be
28
conferred
to
an
adult
person
pursuant
to
this
section
are
as
29
follows:
30
a.
The
power
to
consent
to
medical,
surgical,
dental,
31
developmental,
mental
health,
or
other
examination
or
treatment
32
to
be
rendered
to
the
minor
under
the
supervision
of
or
upon
33
the
advice
of
a
physician,
nurse,
school
nurse,
dentist,
mental
34
health
professional,
or
other
health
care
professional
licensed
35
-1-
LSB
5332XS
(5)
85
ad/nh
1/
6
S.F.
2075
to
practice
in
this
state.
1
b.
The
power
to
exercise
any
existing
parental
rights
to
2
obtain
records
or
information
with
regard
to
the
health
care
3
services
described
in
paragraph
“a”
or
insurance
coverage
4
related
to
such
services.
5
Sec.
3.
NEW
SECTION
.
239.3
Authorization
requirements.
6
1.
A
health
care
consent
authorization
under
section
239.2
7
shall
be
in
writing
and
shall
include
all
of
the
following:
8
a.
The
name
of
the
person
upon
whom
the
parental
rights
and
9
responsibilities
are
conferred.
10
b.
The
name
and
date
of
birth
of
each
minor
with
respect
to
11
whom
the
parental
rights
and
responsibilities
are
conferred.
12
c.
A
statement
by
the
person
conferring
the
parental
rights
13
and
responsibilities
that
there
are
no
court
orders
presently
14
in
effect
that
would
prohibit
the
person
from
conferring
the
15
parental
rights
and
responsibilities.
16
d.
A
description
of
the
specific
parental
rights
and
17
responsibilities
that
are
being
conferred
pursuant
to
section
18
239.2,
subsection
4.
19
2.
A
health
care
consent
authorization
under
section
239.2
20
shall
be
signed
by
the
parent,
guardian,
or
custodian
in
the
21
presence
of
and
along
with
the
contemporaneous
signatures
of
22
two
witnesses
who
are
at
least
eighteen
years
of
age.
The
23
adult
person
upon
whom
the
parental
rights
and
responsibilities
24
are
being
conferred
may
not
serve
as
one
of
the
witnesses.
The
25
adult
person
upon
whom
the
parental
rights
and
responsibilities
26
are
being
conferred
shall
also
sign
the
authorization.
27
Sec.
4.
NEW
SECTION
.
239.4
Form
of
health
care
consent
28
authorization.
29
A
health
care
consent
authorization
executed
pursuant
to
30
this
chapter
may,
but
need
not,
be
in
the
following
form:
31
HEALTH
CARE
CONSENT
AUTHORIZATION
32
I
(name
of
parent,
guardian,
or
custodian
of
minor)
am
the
33
(parent,
guardian,
or
custodian)
of
the
child
listed
below
and
34
there
are
no
court
orders
now
in
effect
that
would
prohibit
35
-2-
LSB
5332XS
(5)
85
ad/nh
2/
6
S.F.
2075
me
from
conferring
the
power
to
consent
described
in
this
1
authorization
upon
another
person.
2
I
(name
of
parent,
guardian,
or
custodian)
do
confer
upon
3
(name
of
adult
person),
residing
at
(adult
person’s
address),
4
the
power
to
consent
to
necessary
examination
and
treatment
5
as
described
in
this
authorization
for
the
following
child:
6
(name
of
child),
residing
at
(child’s
address),
born
on
7
(child’s
birthdate),
and
on
the
child’s
behalf
do
state
that
8
the
power
to
consent
which
I
confer
shall
not
be
affected
by
my
9
subsequent
disability
or
incapacity.
10
The
parental
rights
and
responsibilities
which
I
confer
11
are
specifically
limited
to
health
care
decision
making
as
12
described
in
this
authorization
and
may
be
exercised
only
by
13
the
person
named
above.
The
person
named
above
may
consent
14
to
the
child’s
(cross
out
all
that
do
not
apply):
medical,
15
dental,
surgical,
developmental,
and/or
mental
health
16
examination
or
treatment
and
may
have
access
to
any
and
all
17
records,
including
but
not
limited
to
insurance
records,
18
regarding
any
such
services.
19
I
confer
the
power
to
consent
freely
and
knowingly
in
order
to
20
provide
for
the
child
and
not
as
a
result
of
pressure,
threats,
21
or
payments
by
any
person
or
agency.
This
document
shall
22
remain
in
effect
until
it
is
revoked
by
notifying
the
child’s
23
health
care
and
insurance
providers
and
the
person
named
above,
24
in
writing,
that
I
wish
to
revoke
it.
25
...................
26
Signature
of
parent,
guardian,
or
custodian
27
Sec.
5.
NEW
SECTION
.
239.5
Use
by
health
care
provider
——
28
liability.
29
1.
An
authorization
described
in
section
239.2,
which
is
30
consistent
with
the
requirements
of
section
239.3,
shall
be
31
honored
by
any
physician,
nurse,
school
nurse,
dentist,
mental
32
health
professional,
other
health
care
professional,
hospital,
33
health
care
facility,
mental
health
facility,
or
insurance
34
provider.
35
-3-
LSB
5332XS
(5)
85
ad/nh
3/
6
S.F.
2075
2.
A
health
care
provider
or
an
insurance
provider
who
1
acts
in
good
faith
on
the
authorization
granted
through
a
2
health
care
consent
authorization
that
is
consistent
with
the
3
requirements
of
this
chapter
has
no
obligation
to
make
any
4
further
inquiry
or
investigation
and
is
not
subject
to
criminal
5
prosecution,
civil
liability,
or
professional
disciplinary
6
action
for
treating
a
minor
without
legal
consent
if
the
person
7
relied
in
good
faith
on
the
health
care
consent
authorization.
8
Nothing
in
this
chapter
shall
relieve
a
person
from
liability
9
arising
under
another
provision
of
the
law.
10
3.
An
adult
person
upon
whom
the
parental
rights
and
11
responsibilities
are
conferred
pursuant
to
a
health
care
12
consent
authorization
under
this
chapter
is
not
subject
to
13
criminal
prosecution
or
civil
liability
for
any
health
care
14
decision
made
in
good
faith
pursuant
to
the
health
care
consent
15
authorization.
16
4.
It
shall
be
presumed
that
an
adult
person
upon
whom
the
17
parental
rights
and
responsibilities
are
conferred
pursuant
to
18
a
health
care
consent
authorization,
and
a
health
care
provider
19
or
insurance
provider
acting
pursuant
to
the
direction
of
20
that
adult
person,
are
acting
in
good
faith
absent
clear
and
21
convincing
evidence
to
the
contrary.
22
5.
For
purposes
of
this
section,
acting
in
“good
faith”
23
means
acting
consistent
with
the
desires
of
the
parent,
24
guardian,
or
custodian
as
expressed
in
the
health
care
consent
25
authorization
or
otherwise
made
known
to
the
adult
person
upon
26
whom
the
parental
rights
and
responsibilities
are
conferred,
or
27
where
those
desires
are
unknown,
acting
in
the
best
interests
28
of
the
child,
taking
into
account
the
child’s
overall
medical
29
condition
and
prognosis.
30
Sec.
6.
NEW
SECTION
.
239.6
Revocation.
31
1.
Parental
rights
and
responsibilities
conferred
pursuant
32
to
a
health
care
consent
authorization
under
this
chapter
33
are
revocable
at
will
and
such
revocation
is
effective
upon
34
notifying
all
parties
of
interest
in
writing.
35
-4-
LSB
5332XS
(5)
85
ad/nh
4/
6
S.F.
2075
2.
Death
of
a
person
who
has
previously
executed
a
health
1
care
consent
authorization
constitutes
revocation
of
the
2
authorization,
except
that
action
taken
in
good
faith
reliance
3
upon
the
authorization
without
actual
knowledge
of
the
death
4
shall
be
permitted.
5
3.
Unless
otherwise
indicated
in
the
health
care
consent
6
authorization,
disability
or
incapacity
of
the
person
executing
7
the
authorization
does
not
constitute
revocation
of
the
8
authorization.
9
Sec.
7.
NEW
SECTION
.
239.7
Insurance
coverage.
10
An
insurer
shall
have
the
sole
power
to
determine
whether
to
11
add
a
child
to
the
insurance
coverage
of
a
person
who
has
been
12
authorized
to
consent
to
treatment
of
that
child
under
this
13
chapter.
No
provision
of
this
chapter
shall
be
construed
to
14
compel
an
insurer
to
provide
such
coverage.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
establishes
a
health
care
consent
authorization,
19
which
allows
a
parent,
guardian,
or
custodian
of
a
minor
to
20
authorize
an
adult
person
to
exercise
certain
concurrent
21
parental
rights
and
responsibilities.
Those
parental
rights
22
and
responsibilities
are
the
power
to
consent
to
medical,
23
surgical,
dental,
developmental,
mental
health,
or
other
24
treatment
or
examination
rendered
to
a
minor
in
the
state
25
and
the
power
to
exercise
parental
rights
to
obtain
records
26
and
information
with
regard
to
the
health
care
services
and
27
insurance.
The
bill
specifies
that
a
parent,
guardian,
or
28
custodian
may
only
confer
parental
rights
and
responsibilities
29
that
the
parent,
guardian,
or
custodian
lawfully
possesses.
30
The
bill
requires
a
health
care
consent
authorization
to
31
be
in
writing
and
to
include
the
name
of
the
person
upon
whom
32
the
parental
rights
and
responsibilities
are
conferred,
the
33
name
and
date
of
birth
of
the
minor,
a
statement
conferring
34
the
rights,
a
statement
that
there
are
no
court
orders
that
35
-5-
LSB
5332XS
(5)
85
ad/nh
5/
6
S.F.
2075
prohibit
the
parent,
guardian,
or
custodian
from
conferring
the
1
parental
rights
and
responsibilities,
and
a
description
of
the
2
rights
and
responsibilities
being
conferred.
The
bill
requires
3
the
written
authorization
to
be
signed
by
the
parent,
guardian,
4
or
custodian,
the
person
upon
whom
the
parental
rights
and
5
responsibilities
are
being
conferred,
and
two
witnesses.
The
6
bill
also
provides
an
example
of
the
form
of
the
health
care
7
consent
authorization.
8
The
bill
requires
physicians,
nurses,
school
nurses,
mental
9
health
professionals,
dentists,
health
care
professionals,
10
hospitals,
health
care
facilities,
mental
health
facilities,
11
and
insurance
providers
to
honor
the
health
care
consent
12
authorization.
The
bill
also
provides
that
the
health
care
13
providers
and
insurance
providers
are
not
liable
when
acting
in
14
good
faith,
as
defined
in
the
bill,
on
the
health
care
consent
15
authorization.
The
bill
also
states
that
the
adult
person
upon
16
whom
the
parental
rights
and
responsibilities
are
conferred
is
17
not
liable
when
acting
in
good
faith,
as
that
term
is
defined
18
in
the
bill.
19
The
bill
provides
that
a
parent,
guardian,
or
custodian
may
20
revoke
the
health
care
consent
authorization
upon
providing
21
a
written
notification
to
all
interested
parties.
The
death
22
of
the
parent,
guardian,
or
custodian
effectuates
a
revocation
23
of
the
health
care
consent
authorization,
but
a
disability
24
or
incapacity
of
the
parent,
guardian,
or
custodian
is
not
a
25
revocation
of
the
health
care
consent
authorization.
26
The
bill
provides
that
an
insurer
has
the
sole
power
to
27
determine
whether
to
add
a
child
to
the
insurance
coverage
of
a
28
person
authorized
to
consent
to
that
child’s
health
care,
but
29
the
insurer
is
not
obligated
to
do
so.
30
-6-
LSB
5332XS
(5)
85
ad/nh
6/
6
