Bill Text: NJ S2513 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires consent of both parents or guardians of minor for health care treatment under certain circumstances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-05-12 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S2513 Detail]
Download: New_Jersey-2022-S2513-Introduced.html
Sponsored by:
Senator EDWARD DURR
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Requires consent of both parents or guardians of minor for health care treatment under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning health care decision making for certain minors and supplementing Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section, "health treatment" means any health-related intervention performed by a health care professional licensed pursuant to Title 45 of the Revised Statutes, including non-routine preventative care, the administration of immunizations, and interventions for a diagnosed illness, injury, or condition. "Health treatment" does not include routine wellness checks, routine physical examinations, routine dental examinations and cleanings, or other forms of routine preventative care.
b. In the event that the parents or legal guardians of a minor are divorced or legally separated, the consent of both parents or legal guardians shall be obtained before the minor may receive any form of health treatment. In the event the health treatment involves multiple procedures or the provision of services on an ongoing basis, the initial consent of both parents or legal guardians shall constitute consent to the entire course of treatment for that illness, injury, or condition, unless otherwise specified by either parent or legal guardian.
c. In the event that the parents or legal guardians of a minor are divorced or legally separated, and one parent or legal guardian takes the minor to any encounter with a health care professional, including routine preventative care encounters and encounters related to an injury, illness, or condition, the parent or legal guardian shall:
(1) notify the other parent or legal guardian of the encounter;
(2) advise the other parent or legal guardian of any information concerning the minor's health that is provided during or as a result of the encounter; and
(3) if the health care professional indicates the minor is in need of health treatment, notify the other parent or legal guardian of the recommended health treatment, inquire as to whether the other parent or guardian consents to the health treatment, and advise the health care professional as to whether both parents or legal guardians consent to the health treatment.
d. In the event that the parents or legal guardians of a minor are divorced or legally separated, and a third party entity requires authorization of the minor's parent or legal guardian as a condition of the minor participating in programs or activities provided or administered by the third party entity, or as a condition of the third party entity providing services to the minor, the authorization shall not be valid unless it is provided by both parents or legal guardians.
e. The requirements of this section shall not apply in situations in which a minor is in need of emergent medical care for the treatment of a significant or life-threatening illness, injury, or condition.
2. This act shall take effect immediately.
STATEMENT
This bill requires that, in the event the parents or legal guardians of a minor are divorced or legally separated, the consent of both parents or legal guardians will be required before the minor may receive any form of health treatment. The bill defines "health treatment" to mean any health-related intervention performed by a health care professional licensed pursuant to Title 45 of the Revised Statutes, including non-routine preventative care, the administration of immunizations, and interventions for a diagnosed illness, injury, or condition. The term "health treatment" will not include routine wellness checks, routine physical examinations, routine dental examinations and cleanings, or other forms of routine preventative care.
In the event a given health treatment will involve multiple procedures or the provision of services on an ongoing basis, the initial consent of both parents or legal guardians will constitute consent to the entire course of treatment for that illness, injury, or condition, unless otherwise specified by either parent or legal guardian.
In the event one parent or legal guardian takes the minor to any encounter with a health care professional, including routine preventative care encounters and encounters related to an illness, injury, or condition, the parent or legal guardian will be required to:
1) notify the other parent or legal guardian of the encounter;
2) advise the other parent or legal guardian of any information concerning the minor's health that is provided during or as a result of the encounter; and
3) if the health care professional indicates the minor is in need of health treatment, notify the other parent or legal guardian of the recommended health treatment, inquire as to whether the other parent or guardian consents to the health treatment, and advise the health care professional as to whether both parents or legal guardians consent to the health treatment.
In the event a third party entity requires authorization of the minor's parent or legal guardian as a condition of the minor participating in programs or activities provided or administered by the third party entity, or as a condition of the third party entity providing services to the minor, the authorization will not be valid unless it is provided by both parents or legal guardians.
The requirements of the bill will not apply in situations in which a minor is in need of emergent medical care for the treatment of a significant or life-threatening illness, injury, or condition.
