Bill Text: NJ A4702 | 2014-2015 | Regular Session | Amended

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Bill Title: Provides that if minor appears to have been sexually assaulted, health care professionals in addition to physicians may authorize forensic sexual assault examination and medical care without parental consent.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-11 - Substituted by S3243 (2R) [A4702 Detail]

Download: New_Jersey-2014-A4702-Amended.html

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[First Reprint]

ASSEMBLY, No. 4702

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED NOVEMBER 16, 2015

 

 

Sponsored by:

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblywoman  L. GRACE SPENCER

District 29 (Essex)

 

 

 

 

SYNOPSIS

      Provides that if minor appears to have been sexually assaulted, health care professionals in addition to physicians may authorize forensic sexual assault examination and medical care without parental consent.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Appropriations Committee on January 7, 2016, with amendments.

 

An Act concerning minors' consent to certain medical care 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.   a.  (1)  The consent to the provision of medical [or] ¹[,] or¹ surgical ¹[, or forensic]¹ care or services ¹or a forensic sexual assault examination¹ by a hospital[,] or public clinic, or ¹consent to¹ the performance of medical [or] ¹[,] or¹ surgical ¹[, or forensic]¹ care or services ¹or a forensic sexual assault examination¹ by a [physician, licensed to practice medicine] 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 judgment of ¹[a] the¹ treating [physician] health care professional, appears to have been sexually assaulted, shall be valid and binding as if the minor had achieved ¹[his or her] the age of¹ 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 ¹[attending] treating¹ [physician] health care professional believes that it is in the best interests of the patient not to do so ¹[; however, inability]. Inability¹ of the treating [physician] health care professional, hospital ¹,¹or clinic to locate or notify the parents or guardian shall not preclude the provision of any [necessary] emergency or ¹[urgent]¹ medical or surgical care to the minor or the performance of a forensic sexual assault examination on the minor.

      (2)  As used in this subsection, "health care professional" means a physician, ¹physician assistant¹  nurse, or other health care professional whose professional practice is regulated pursuant to Title 45 of the Revised Statutes.

      b.   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), ¹[his] the minor's¹ consent to treatment under the supervision of a physician licensed to practice medicine, or an individual licensed or certified to provide treatment for alcoholism ¹,¹ 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 ¹[his or her] the age of¹ majority ¹[, as the case may be]¹. Any such consent shall not be subject to later disaffirmance by reason of minority.  Treatment for drug use, drug abuse, alcohol use ¹,¹ or alcohol abuse that is consented to by a minor shall be considered confidential information between the physician, the treatment provider ¹,¹ or the treatment facility, as appropriate, and ¹[his] the¹ patient, and neither the minor nor ¹[his] the¹ physician, treatment provider ¹,¹ 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  ¹,¹ or guardian, shall be necessary in order to authorize such hospital, facility ¹,¹ 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.