Bill Text: NJ A1141 | 2010-2011 | Regular Session | Introduced
Bill Title: Permits certain minors to consent to forensic care or treatment.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Health and Senior Services Committee [A1141 Detail]
Download: New_Jersey-2010-A1141-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman ELEASE EVANS
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblyman Mainor and Assemblywoman Tucker
SYNOPSIS
Permits certain minors to consent to forensic care or treatment.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning minors' consent to forensic care or treatment 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 or forensic care or services by a hospital, public clinic, or the performance of medical [or], surgical or forensic care or services by a physician[,] licensed to practice medicine or other licensed health care professional, 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 medical judgment of a treating physician or other licensed health care professional, appears to have been sexually assaulted pursuant to N.J.S.2C:14-2 or sexually abused pursuant to N.J.S.2C:24-4, 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 or sexually abused, the minor's parents or guardian shall be notified [immediately], unless the attending physician or licensed health care professional believes that it is in the best interests of the patient not to do so; however, inability of the treating physician or licensed health care professional, hospital or clinic to locate or notify the parents or guardian shall not preclude the provision of any [necessary]urgent, emergency medical [or], surgical or forensic 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 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 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.
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 to be provided by a physician licensed to practice medicine or by an individual licensed or certified to provide treatment for alcoholism to such a minor.
(cf: P.L.2005, c.342, s.1).
2. This act shall take effect immediately.
STATEMENT
This bill amends N.J.S.A.9:17A-4, which concerns a minor's consent to medical or surgical care or services under certain circumstances, to provide that a minor may consent to the provision of forensic care or services in the event of sexual assault or sexual abuse. Specifically, the bill provides that a minor who, in the medical judgment of a treating physician or other licensed health care professional, appears to have been sexually assaulted pursuant to N.J.S.A.2C:14-2 or sexually abused pursuant to N.J.S.A.2C:24-4, may consent to forensic care or services. Current law provides that a minor who appears to have been sexually assaulted may consent to the provision of medical or surgical care or services.
Current law also requires that in the event of sexual assault, the minor's parents or guardian would be notified immediately, unless the attending physician or licensed health care professional believes that it is in the best interests of the patient not to do so. The bill eliminates the requirement that the notification be immediate.
The bill also provides that the inability to locate or notify the parents or guardian would not preclude the provision of any "urgent" rather than "necessary" emergency medical, surgical or forensic care to the minor.
It is anticipated that this bill will help prosecutors offices in all 21 counties to provide victims of sexual assault or sexual abuse with timely forensic, sexual assault nurse examinations, which involve the collection of physical evidence after sexual assault or sexual abuse and can include taking and preserving samples from the victim's body and clothing.
