Bill Amendment: IL SB0938 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CONSENT TO MEDICAL CARE-MINORS

Status: 2019-01-14 - Total Veto Stands [SB0938 Detail]

Download: Illinois-2017-SB0938-Senate_Amendment_001.html

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Sen. Heather A. Steans

Filed: 3/7/2017

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AMENDMENT TO SENATE BILL 938
AMENDMENT NO. ______. Amend Senate Bill 938 by replacing
everything after the enacting clause with the following:
"Section 5. The Consent by Minors to Medical Procedures Act
is amended by changing Sections 0.01, 1, 1.5, 2, 3, 4, and 5 as
follows:
(410 ILCS 210/0.01) (from Ch. 111, par. 4500)
Sec. 0.01. Short title. This Act may be cited as the
Consent by Minors to Health Care Services Medical Procedures
Act.
(Source: P.A. 86-1324.)
(410 ILCS 210/1) (from Ch. 111, par. 4501)
Sec. 1. Consent by minor. The consent to the performance of
a health care service medical or surgical procedure by a
physician licensed to practice medicine in all its branches, a

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chiropractic physician, a licensed optometrist and surgery, a
licensed advanced practice nurse, or a licensed physician
assistant executed by a married person who is a minor, by a
parent who is a minor, by a pregnant woman who is a minor, or by
any person 18 years of age or older, is not voidable because of
such minority, and, for such purpose, a married person who is a
minor, a parent who is a minor, a pregnant woman who is a
minor, or any person 18 years of age or older, is deemed to
have the same legal capacity to act and has the same powers and
obligations as has a person of legal age.
(Source: P.A. 99-173, eff. 7-29-15.)
(410 ILCS 210/1.5)
Sec. 1.5. Consent by minor seeking care for limited primary
care services.
(a) The consent to the performance of primary care services
by a physician licensed to practice medicine in all its
branches, a licensed advanced practice nurse, or a licensed
physician assistant, a chiropractic physician, or a licensed
optometrist executed by a minor seeking care is not voidable
because of such minority, and for such purpose, a minor seeking
care is deemed to have the same legal capacity to act and has
the same powers and obligations as has a person of legal age
under the following circumstances:
(1) the health care professional reasonably believes
that the minor seeking care understands the benefits and

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risks of any proposed primary care or services; and
(2) the minor seeking care is identified in writing as
a minor seeking care by:
(A) an adult relative;
(B) a representative of a homeless service agency
that receives federal, State, county, or municipal
funding to provide those services or that is otherwise
sanctioned by a local continuum of care;
(C) an attorney licensed to practice law in this
State;
(D) a public school homeless liaison or school
social worker;
(E) a social service agency providing services to
at risk, homeless, or runaway youth; or
(F) a representative of a religious organization.
(b) A health care professional rendering primary care
services under this Section shall not incur civil or criminal
liability for failure to obtain valid consent or professional
discipline for failure to obtain valid consent if he or she
relied in good faith on the representations made by the minor
or the information provided under paragraph (2) of subsection
(a) of this Section. Under such circumstances, good faith shall
be presumed.
(c) The confidential nature of any communication between a
health care professional described in Section 1 of this Act and
a minor seeking care is not waived (1) by the presence, at the

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time of communication, of any additional persons present at the
request of the minor seeking care, (2) by the health care
professional's disclosure of confidential information to the
additional person with the consent of the minor seeking care,
when reasonably necessary to accomplish the purpose for which
the additional person is consulted, or (3) by the health care
professional billing a health benefit insurance or plan under
which the minor seeking care is insured, is enrolled, or has
coverage for the services provided.
(d) Nothing in this Section shall be construed to limit or
expand a minor's existing powers and obligations under any
federal, State, or local law. Nothing in this Section shall be
construed to affect the Parental Notice of Abortion Act of
1995. Nothing in this Section affects the right or authority of
a parent or legal guardian to verbally, in writing, or
otherwise authorize health care services to be provided for a
minor in their absence.
(e) For the purposes of this Section:
"Minor seeking care" means a person at least 14 years
of age but less than 18 years of age who is living separate
and apart from his or her parents or legal guardian,
whether with or without the consent of a parent or legal
guardian who is unable or unwilling to return to the
residence of a parent, and managing his or her own personal
affairs. "Minor seeking care" does not include minors who
are under the protective custody, temporary custody, or

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guardianship of the Department of Children and Family
Services.
"Primary care services" means health care services
that include screening, counseling, immunizations,
medication, and treatment of illness and conditions
customarily provided by licensed health care professionals
in an out-patient setting, eye care services, excluding
advanced optometric procedures, provided by optometrists,
and services provided by chiropractic physicians according
to the scope of practice of chiropractic physicians under
the Medical Practice Act of 1987. "Primary care services"
does not include invasive care, beyond standard
injections, laceration care, or non-surgical fracture
care.
(Source: P.A. 98-671, eff. 10-1-14; 99-173, eff. 7-29-15.)
(410 ILCS 210/2) (from Ch. 111, par. 4502)
Sec. 2. Any parent, including a parent who is a minor, may
consent to the performance upon his or her child of a health
care service medical or surgical procedure by a physician
licensed to practice medicine in all its branches, a
chiropractic physician, a licensed optometrist and surgery, a
licensed advanced practice nurse, or a licensed physician
assistant or a dental procedure by a licensed dentist. The
consent of a parent who is a minor shall not be voidable
because of such minority, but, for such purpose, a parent who

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is a minor shall be deemed to have the same legal capacity to
act and shall have the same powers and obligations as has a
person of legal age.
(Source: P.A. 99-173, eff. 7-29-15.)
(410 ILCS 210/3) (from Ch. 111, par. 4503)
Sec. 3. (a) Where a hospital, a physician licensed to
practice medicine in all its branches, a chiropractic
physician, a licensed optometrist or surgery, a licensed
advanced practice nurse, or a licensed physician assistant
renders emergency treatment or first aid or a licensed dentist
renders emergency dental treatment to a minor, consent of the
minor's parent or legal guardian need not be obtained if, in
the sole opinion of the physician, chiropractic physician,
optometrist, advanced practice nurse, physician assistant,
dentist, or hospital, the obtaining of consent is not
reasonably feasible under the circumstances without adversely
affecting the condition of such minor's health.
(b) Where a minor is the victim of a predatory criminal
sexual assault of a child, aggravated criminal sexual assault,
criminal sexual assault, aggravated criminal sexual abuse or
criminal sexual abuse, as provided in Sections 11-1.20 through
11-1.60 of the Criminal Code of 2012, the consent of the
minor's parent or legal guardian need not be obtained to
authorize a hospital, physician, chiropractic physician,
optometrist, advanced practice nurse, physician assistant, or

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other medical personnel to furnish health medical care services
or counseling related to the diagnosis or treatment of any
disease or injury arising from such offense. The minor may
consent to such counseling, diagnosis or treatment as if the
minor had reached his or her age of majority. Such consent
shall not be voidable, nor subject to later disaffirmance,
because of minority.
(Source: P.A. 99-173, eff. 7-29-15.)
(410 ILCS 210/4) (from Ch. 111, par. 4504)
Sec. 4. Sexually transmitted disease; drug or alcohol
abuse. Notwithstanding any other provision of law, a minor 12
years of age or older who may have come into contact with any
sexually transmitted disease, or may be determined to be an
addict, an alcoholic or an intoxicated person, as defined in
the Alcoholism and Other Drug Abuse and Dependency Act, or who
may have a family member who abuses drugs or alcohol, may give
consent to the furnishing of health medical care services or
counseling related to the diagnosis or treatment of the
disease. Each incident of sexually transmitted disease shall be
reported to the State Department of Public Health or the local
board of health in accordance with regulations adopted under
statute or ordinance. The consent of the parent, parents, or
legal guardian of a minor shall not be necessary to authorize
health medical care services or counseling related to the
diagnosis or treatment of sexually transmitted disease or drug

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use or alcohol consumption by the minor or the effects on the
minor of drug or alcohol abuse by a member of the minor's
family. The consent of the minor shall be valid and binding as
if the minor had achieved his or her majority. The consent
shall not be voidable nor subject to later disaffirmance
because of minority.
Anyone involved in the furnishing of health medical
services care to the minor or counseling related to the
diagnosis or treatment of the minor's disease or drug or
alcohol use by the minor or a member of the minor's family
shall, upon the minor's consent, make reasonable efforts, to
involve the family of the minor in his or her treatment, if the
person furnishing treatment believes that the involvement of
the family will not be detrimental to the progress and care of
the minor. Reasonable effort shall be extended to assist the
minor in accepting the involvement of his or her family in the
care and treatment being given.
(Source: P.A. 88-670, eff. 12-2-94; 89-187, eff. 7-19-95.)
(410 ILCS 210/5) (from Ch. 111, par. 4505)
Sec. 5. Counseling; informing parent or guardian. Any
physician licensed to practice medicine in all its branches,
advanced practice nurse, or physician assistant, who provides
diagnosis or treatment or any licensed clinical psychologist or
professionally trained social worker with a master's degree or
any qualified person employed (i) by an organization licensed

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or funded by the Department of Human Services, (ii) by units of
local government, or (iii) by agencies or organizations
operating drug abuse programs funded or licensed by the Federal
Government or the State of Illinois or any qualified person
employed by or associated with any public or private alcoholism
or drug abuse program licensed by the State of Illinois who
provides counseling to a minor patient who has come into
contact with any sexually transmitted disease referred to in
Section 4 of this Act may, but shall not be obligated to,
inform the parent, parents, or guardian of the minor as to the
treatment given or needed. Any person described in this Section
who provides counseling to a minor who abuses drugs or alcohol
or has a family member who abuses drugs or alcohol shall not
inform the parent, parents, guardian, or other responsible
adult of the minor's condition or treatment without the minor's
consent unless that action is, in the person's judgment,
necessary to protect the safety of the minor, a family member,
or another individual.
Any such person shall, upon the minor's consent, make
reasonable efforts to involve the family of the minor in his or
her treatment, if the person furnishing the treatment believes
that the involvement of the family will not be detrimental to
the progress and care of the minor. Reasonable effort shall be
extended to assist the minor in accepting the involvement of
his or her family in the care and treatment being given.
(Source: P.A. 93-962, eff. 8-20-04.)".