Bill Text: NJ S856 | 2016-2017 | Regular Session | Introduced
Bill Title: "Boys & Girls Clubs Keystone Law"; permits minors to give consent for behavioral health care.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2016-01-12 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S856 Detail]
Download: New_Jersey-2016-S856-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
Senator ROBERT M. GORDON
District 38 (Bergen and Passaic)
Co-Sponsored by:
Senators Sacco, Beck and Cunningham
SYNOPSIS
"Boys & Girls Clubs Keystone Law"; permits minors to give consent for behavioral health care.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning minor's consent for behavioral health care, designated as "Boys & Girls Clubs Keystone Law," and amending and supplementing 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 care or services by a hospital, public clinic, or the performance of medical or surgical care or services by a physician [,] licensed to practice medicine, when executed by a minor who is or believes that he or she may be afflicted with a venereal disease, or who is at least 13 years of age and is or believes that he or she may be infected with the human immunodeficiency virus or have acquired immune deficiency syndrome, or by a minor who, in the judgment of a treating physician, appears to have been sexually assaulted, shall be valid and binding as if the minor had achieved [his or her] the age of 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 attending physician believes that it is in the best interests of the patient not to do so; however, inability of the treating physician, hospital, or clinic to locate or notify the parents or guardian shall not preclude the provision of any necessary emergency medical or surgical care to the minor.
When a minor believes that he or she 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] the minor's 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] the age of 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] the patient, and neither the minor nor [his] the minor's 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.
When a minor believes that he or she is in need of behavioral health care services for the treatment of mental illness or emotional disorders, the minor's consent to treatment under the supervision of a physician licensed to practice medicine, an advanced practice nurse, or an individual licensed to provide professional counseling under Title 45 of the Revised Statutes, including, but not limited to, a psychiatrist, licensed practicing psychologist, certified social worker, licensed clinical social worker, licensed social worker, licensed marriage and family therapist, certified psychoanalyst, licensed psychologist, or licensed clinical social worker, or in a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), shall be valid and binding as if the minor had achieved the age of majority. Any such consent shall not be subject to later disaffirmance by reason of minority. Treatment for behavioral health care services for mental illness or emotional disorders that is consented to by a minor shall be considered confidential information between the physician, the individual licensed to provide professional counseling, the advanced practice nurse, or the health care facility, as appropriate, and the patient, and neither the minor nor the minor's physician, professional counselor, nurse, or health care facility, as appropriate, shall be required to report such treatment when it is the result of voluntary consent.
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 a minor to receive such hospital services, facility, or clinical care or services [or] , medical or surgical care or services, or counseling [to be provided by:] services from a physician licensed to practice medicine [or by] , an individual licensed or certified to provide treatment for alcoholism an advanced practice nurse, or an individual licensed to provide professional counseling under Title 45 of the Revised Statutes, as appropriate [ to such a minor].
(cf: P.L.2005, c.342, s.1)
2. (New section) a. The Department of Children and Families shall prepare and make available on the department's Internet website, in an easily printable format, information on the behavioral health provisions of section 1 of P.L.1968, c.230 (C.9:17A-4), including, but not limited to, the provisions which specify that a minor's consent to treatment under the supervision of a licensed physician, an advanced practice nurse, or an individual licensed to provide professional counseling under Title 45 of the Revised Statutes, is to be considered valid and binding as if the minor had achieved the age of majority, and the provisions which specify that the treatment consented to by a minor is to be considered confidential information.
b. The department shall prepare an informational pamphlet that contains the information posted on its website pursuant to subsection a. of this section. The department shall distribute the pamphlet, at no charge, to all psychiatrists, licensed practicing psychologists, certified social workers, licensed clinical social workers, licensed social workers, licensed marriage and family therapists, certified psychoanalysts, licensed psychologists, licensed clinical social workers, advanced practice nurses, or health care facilities licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) in the State that provide behavioral health care services to children and young adults.
3. (New section) Nothing in section 1 of P.L.1968, c.230 (C.9:17A-4) shall be construed to:
a. require a provider to continue to provide behavioral or mental health treatment to a minor if, in the provider's professional judgment, the consent or participation of the minor's parents is necessary for the proper care of the minor; or
b. allow a minor to refuse consent to mental or behavioral health treatment, except as may be otherwise authorized by law, when both the minor's provider and the minor's parents deem such treatment to be necessary.
4. This act shall take effect immediately.
STATEMENT
This bill, which is designated as "Boys & Girls Clubs Keystone Law," would permit a minor to give consent for behavioral health care for the treatment of mental illness or emotional disorders. The bill provides that the minor's consent to treatment under the supervision of a physician, an advanced practice nurse, an individual licensed to provide professional counseling, including, but not limited to, a psychiatrist, licensed practicing psychologist, certified social worker, licensed clinical social worker, licensed social worker, licensed marriage and family therapist, certified psychoanalyst, licensed psychologist, an advanced practice nurse, or licensed clinical social worker, or in a health care facility would be valid and binding as if the minor had achieved majority.
Additionally, this treatment would be considered confidential information between the physician, the advanced practice nurse, the individual who is licensed to provide professional counseling, or the health care facility, as appropriate, and the patient.
The provisions of the bill are similar to those which already permit a minor to consent to treatment for venereal disease, human immunodeficiency virus, acquired immune deficiency syndrome, sexual assault, or drug or alcohol abuse.
This bill requires the Department of Children and Families (DCF) to prepare and make available on its Internet website, information on the behavioral health provisions of section 1 of P.L.1968, c.230 (C.9:17A-4), including information on the provisions stipulating that a minor's consent will be valid and binding as if the minor had reached the age of majority, and that treatment consented to by a minor will be treated as confidential information, and to prepare an informational pamphlet containing the information posted on its website, and distribute the pamphlet, at no charge, to persons and facilities that provide behavioral health care to children.
This bill specifies that nothing in the bill may be deemed to require a provider to continue to provide behavioral or mental health treatment to a minor if, in the provider's professional judgment, the consent or participation of the minor's parents is necessary for the proper care of the minor, and that nothing in the bill may be deemed to allow a minor to refuse consent to mental or behavioral health treatment, except as may be otherwise authorized by law, when both the minor's provider and the minor's parents deem such treatment to be necessary.
The bill is designated as "Boys & Girls Clubs Keystone Law" in honor of the members of the Keystone Club of the Hudson County Boys & Girls Clubs, who were concerned about suicide and self-harm among teenagers.
