Bill Text: IL HB2700 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Consent by Minors to Medical Procedures Act. Provides that provisions concerning the giving of consent to the performance of procedures or services apply to the giving of consent to the performance of procedures or services by a licensed optometrist.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Enrolled) 2017-05-30 - Passed Both Houses [HB2700 Detail]

Download: Illinois-2017-HB2700-Enrolled.html



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1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Consent by Minors to Medical Procedures Act
5is amended by changing Sections 0.01, 1, 1.5, 2, 3, 4, and 5 as
6follows:
7 (410 ILCS 210/0.01) (from Ch. 111, par. 4500)
8 Sec. 0.01. Short title. This Act may be cited as the
9Consent by Minors to Health Care Services Medical Procedures
10Act.
11(Source: P.A. 86-1324.)
12 (410 ILCS 210/1) (from Ch. 111, par. 4501)
13 Sec. 1. Consent by minor. The consent to the performance of
14a health care service medical or surgical procedure by a
15physician licensed to practice medicine in all its branches, a
16chiropractic physician, a licensed optometrist and surgery, a
17licensed advanced practice nurse, or a licensed physician
18assistant executed by a married person who is a minor, by a
19parent who is a minor, by a pregnant woman who is a minor, or by
20any person 18 years of age or older, is not voidable because of
21such minority, and, for such purpose, a married person who is a
22minor, a parent who is a minor, a pregnant woman who is a

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1minor, or any person 18 years of age or older, is deemed to
2have the same legal capacity to act and has the same powers and
3obligations as has a person of legal age.
4(Source: P.A. 99-173, eff. 7-29-15.)
5 (410 ILCS 210/1.5)
6 Sec. 1.5. Consent by minor seeking care for limited primary
7care services.
8 (a) The consent to the performance of primary care services
9by a physician licensed to practice medicine in all its
10branches, a licensed advanced practice nurse, or a licensed
11physician assistant, a chiropractic physician, or a licensed
12optometrist executed by a minor seeking care is not voidable
13because of such minority, and for such purpose, a minor seeking
14care is deemed to have the same legal capacity to act and has
15the same powers and obligations as has a person of legal age
16under the following circumstances:
17 (1) the health care professional reasonably believes
18 that the minor seeking care understands the benefits and
19 risks of any proposed primary care or services; and
20 (2) the minor seeking care is identified in writing as
21 a minor seeking care by:
22 (A) an adult relative;
23 (B) a representative of a homeless service agency
24 that receives federal, State, county, or municipal
25 funding to provide those services or that is otherwise

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1 sanctioned by a local continuum of care;
2 (C) an attorney licensed to practice law in this
3 State;
4 (D) a public school homeless liaison or school
5 social worker;
6 (E) a social service agency providing services to
7 at risk, homeless, or runaway youth; or
8 (F) a representative of a religious organization.
9 (b) A health care professional rendering primary care
10services under this Section shall not incur civil or criminal
11liability for failure to obtain valid consent or professional
12discipline for failure to obtain valid consent if he or she
13relied in good faith on the representations made by the minor
14or the information provided under paragraph (2) of subsection
15(a) of this Section. Under such circumstances, good faith shall
16be presumed.
17 (c) The confidential nature of any communication between a
18health care professional described in Section 1 of this Act and
19a minor seeking care is not waived (1) by the presence, at the
20time of communication, of any additional persons present at the
21request of the minor seeking care, (2) by the health care
22professional's disclosure of confidential information to the
23additional person with the consent of the minor seeking care,
24when reasonably necessary to accomplish the purpose for which
25the additional person is consulted, or (3) by the health care
26professional billing a health benefit insurance or plan under

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1which the minor seeking care is insured, is enrolled, or has
2coverage for the services provided.
3 (d) Nothing in this Section shall be construed to limit or
4expand a minor's existing powers and obligations under any
5federal, State, or local law. Nothing in this Section shall be
6construed to affect the Parental Notice of Abortion Act of
71995. Nothing in this Section affects the right or authority of
8a parent or legal guardian to verbally, in writing, or
9otherwise authorize health care services to be provided for a
10minor in their absence.
11 (e) For the purposes of this Section:
12 "Minor seeking care" means a person at least 14 years
13 of age but less than 18 years of age who is living separate
14 and apart from his or her parents or legal guardian,
15 whether with or without the consent of a parent or legal
16 guardian who is unable or unwilling to return to the
17 residence of a parent, and managing his or her own personal
18 affairs. "Minor seeking care" does not include minors who
19 are under the protective custody, temporary custody, or
20 guardianship of the Department of Children and Family
21 Services.
22 "Primary care services" means health care services
23 that include screening, counseling, immunizations,
24 medication, and treatment of illness and conditions
25 customarily provided by licensed health care professionals
26 in an out-patient setting, eye care services, excluding

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1 advanced optometric procedures, provided by optometrists,
2 and services provided by chiropractic physicians according
3 to the scope of practice of chiropractic physicians under
4 the Medical Practice Act of 1987. "Primary care services"
5 does not include invasive care, beyond standard
6 injections, laceration care, or non-surgical fracture
7 care.
8(Source: P.A. 98-671, eff. 10-1-14; 99-173, eff. 7-29-15.)
9 (410 ILCS 210/2) (from Ch. 111, par. 4502)
10 Sec. 2. Any parent, including a parent who is a minor, may
11consent to the performance upon his or her child of a health
12care service medical or surgical procedure by a physician
13licensed to practice medicine in all its branches, a
14chiropractic physician, a licensed optometrist and surgery, a
15licensed advanced practice nurse, or a licensed physician
16assistant or a dental procedure by a licensed dentist. The
17consent of a parent who is a minor shall not be voidable
18because of such minority, but, for such purpose, a parent who
19is a minor shall be deemed to have the same legal capacity to
20act and shall have the same powers and obligations as has a
21person of legal age.
22(Source: P.A. 99-173, eff. 7-29-15.)
23 (410 ILCS 210/3) (from Ch. 111, par. 4503)
24 Sec. 3. (a) Where a hospital, a physician licensed to

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1practice medicine in all its branches, a chiropractic
2physician, a licensed optometrist or surgery, a licensed
3advanced practice nurse, or a licensed physician assistant
4renders emergency treatment or first aid or a licensed dentist
5renders emergency dental treatment to a minor, consent of the
6minor's parent or legal guardian need not be obtained if, in
7the sole opinion of the physician, chiropractic physician,
8optometrist, advanced practice nurse, physician assistant,
9dentist, or hospital, the obtaining of consent is not
10reasonably feasible under the circumstances without adversely
11affecting the condition of such minor's health.
12 (b) Where a minor is the victim of a predatory criminal
13sexual assault of a child, aggravated criminal sexual assault,
14criminal sexual assault, aggravated criminal sexual abuse or
15criminal sexual abuse, as provided in Sections 11-1.20 through
1611-1.60 of the Criminal Code of 2012, the consent of the
17minor's parent or legal guardian need not be obtained to
18authorize a hospital, physician, chiropractic physician,
19optometrist, advanced practice nurse, physician assistant, or
20other medical personnel to furnish health medical care services
21or counseling related to the diagnosis or treatment of any
22disease or injury arising from such offense. The minor may
23consent to such counseling, diagnosis or treatment as if the
24minor had reached his or her age of majority. Such consent
25shall not be voidable, nor subject to later disaffirmance,
26because of minority.

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1(Source: P.A. 99-173, eff. 7-29-15.)
2 (410 ILCS 210/4) (from Ch. 111, par. 4504)
3 Sec. 4. Sexually transmitted disease; drug or alcohol
4abuse. Notwithstanding any other provision of law, a minor 12
5years of age or older who may have come into contact with any
6sexually transmitted disease, or may be determined to be an
7addict, an alcoholic or an intoxicated person, as defined in
8the Alcoholism and Other Drug Abuse and Dependency Act, or who
9may have a family member who abuses drugs or alcohol, may give
10consent to the furnishing of health medical care services or
11counseling related to the diagnosis or treatment of the
12disease. Each incident of sexually transmitted disease shall be
13reported to the State Department of Public Health or the local
14board of health in accordance with regulations adopted under
15statute or ordinance. The consent of the parent, parents, or
16legal guardian of a minor shall not be necessary to authorize
17health medical care services or counseling related to the
18diagnosis or treatment of sexually transmitted disease or drug
19use or alcohol consumption by the minor or the effects on the
20minor of drug or alcohol abuse by a member of the minor's
21family. The consent of the minor shall be valid and binding as
22if the minor had achieved his or her majority. The consent
23shall not be voidable nor subject to later disaffirmance
24because of minority.
25 Anyone involved in the furnishing of health medical

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1services care to the minor or counseling related to the
2diagnosis or treatment of the minor's disease or drug or
3alcohol use by the minor or a member of the minor's family
4shall, upon the minor's consent, make reasonable efforts, to
5involve the family of the minor in his or her treatment, if the
6person furnishing treatment believes that the involvement of
7the family will not be detrimental to the progress and care of
8the minor. Reasonable effort shall be extended to assist the
9minor in accepting the involvement of his or her family in the
10care and treatment being given.
11(Source: P.A. 88-670, eff. 12-2-94; 89-187, eff. 7-19-95.)
12 (410 ILCS 210/5) (from Ch. 111, par. 4505)
13 Sec. 5. Counseling; informing parent or guardian. Any
14physician licensed to practice medicine in all its branches,
15advanced practice nurse, or physician assistant, who provides
16diagnosis or treatment or any licensed clinical psychologist or
17professionally trained social worker with a master's degree or
18any qualified person employed (i) by an organization licensed
19or funded by the Department of Human Services, (ii) by units of
20local government, or (iii) by agencies or organizations
21operating drug abuse programs funded or licensed by the Federal
22Government or the State of Illinois or any qualified person
23employed by or associated with any public or private alcoholism
24or drug abuse program licensed by the State of Illinois who
25provides counseling to a minor patient who has come into

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1contact with any sexually transmitted disease referred to in
2Section 4 of this Act may, but shall not be obligated to,
3inform the parent, parents, or guardian of the minor as to the
4treatment given or needed. Any person described in this Section
5who provides counseling to a minor who abuses drugs or alcohol
6or has a family member who abuses drugs or alcohol shall not
7inform the parent, parents, guardian, or other responsible
8adult of the minor's condition or treatment without the minor's
9consent unless that action is, in the person's judgment,
10necessary to protect the safety of the minor, a family member,
11or another individual.
12 Any such person shall, upon the minor's consent, make
13reasonable efforts to involve the family of the minor in his or
14her treatment, if the person furnishing the treatment believes
15that the involvement of the family will not be detrimental to
16the progress and care of the minor. Reasonable effort shall be
17extended to assist the minor in accepting the involvement of
18his or her family in the care and treatment being given.
19(Source: P.A. 93-962, eff. 8-20-04.)
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