Bill Text: PA HB1210 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for medical consent for a minor by an adult caregiver.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2011-03-28 - Referred to CHILDREN AND YOUTH [HB1210 Detail]

Download: Pennsylvania-2011-HB1210-Introduced.html

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PRINTER'S NO. 1320
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1210 Session of2011
INTRODUCED BY YOUNGBLOOD, CALTAGIRONE, CRUZ AND M. O'BRIEN, MARCH 28, 2011
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 28, 2011
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, providing for medical
consent for a minor by an adult caregiver.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 20 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5148. Medical consent for a minor by an adult caregiver.
(a) Authorization of caregiver to give consent.--A parent,
legal guardian or legal custodian may authorize an adult person
in whose care a minor has been entrusted:
(1) to consent to any medical, surgical, dental,
developmental or mental health examination, diagnosis or
treatment, including immunization, to be rendered to the
minor under the supervision or upon the advice of a
physician, nurse, dentist or mental health professional
licensed to practice in this Commonwealth; and
(2) to obtain any and all records with regard to such
services;
provided there is no prior order of any court in any
jurisdiction currently in effect which would prohibit the
parent, legal custodian or legal guardian from exercising the
power that the parent, legal custodian or legal guardian seeks
to convey to another person. Medical, surgical and dental
treatment or examination includes any X-ray or anesthetic
required for diagnosis or treatment.
(b) Form of authorization.--Any written form that is signed
by the parent, legal guardian or legal custodian may be used to
convey the authority described in subsection (a). Any parent,
legal guardian or legal custodian signing any written conveyance
of authority is subject to the penalties for forgery under 18
Pa.C.S. § 4101 (relating to forgery). The following form may be
used and its inclusion in this section shall not be construed to
preclude the use of alternative language:
MEDICAL CONSENT FORM
(PUT A LINE THROUGH THOSE PROVISIONS THAT ARE NOT APPLICABLE)
( ) I am the parent of the child(ren) listed below, and
there are no court orders now in effect which would prohibit me
from exercising the power that I now seek to convey.
( ) I am the legal guardian or legal custodian of the
child(ren) by court order (copy attached, if available), and
there are no other court orders now in effect which would
prohibit me from exercising the power that I now seek to convey.
I am temporarily entrusting to ( Name ),
an adult who resides at ( Address ),
the care of the following child(ren):
(Name and Date of Birth) (Name and Date of Birth)
(Name and Date of Birth) (Name and Date of Birth)
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The caregiver named above may consent to medical, dental,
surgical, developmental and/or mental health diagnosis,
examination or treatment, including immunization, for the
child(ren) and may have access to any and all records regarding
any such services.
I am giving this consent freely and knowingly in order to
provide for the child(ren) and not due to pressure, threats or
payments by any person or agency.
Upon notification of intent to revoke, there shall be a
period of 30 days duration before revocation takes effect.
Notification of intent to revoke must be in writing.
( Name ) ( Date )
(c) Use by health care provider.--
(1) A conveyance of authority described in subsection
(a) which is consistent with the requirements of subsection
(b) shall be honored by any health care facility or
practitioner described in subsection (e).
(2) Notwithstanding subsection (f), the existence of a
written document conveying any authority described in
subsection (a) which is consistent with the requirements of
subsection (b) creates a presumption that the authority has
been lawfully conveyed.
(d) Revocation.--
(1) A conveyance of authority described in this section
is revocable at will unless other terms are agreed upon by
the parent, guardian or custodian and the person to whom
authority is being conveyed.
(2) The parties may provide for terms in writing which
may require the revocation of authority to be in writing,
making revocation effective only when a specified time period
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has elapsed after notification of intent to revoke or any
other terms that the parties deem appropriate.
(e) Release of authorization.--
(1) A physician, nurse, mental health professional,
dentist or other health care professional or a hospital or
medical facility who or which relies on a written instrument
that:
(i) is consistent with the requirements of
subsection (b); and
(ii) authorizes another adult to consent to medical
treatment of the executor's minor child or ward;
shall not incur civil or criminal liability for treating a
minor without legal consent if a reasonable and prudent
health care professional would have relied on the written
instrument under the same or similar circumstances.
(2) Nothing in this section shall be construed to
relieve any individual from liability for violations of other
provisions of law.
(f) Family reunification services.--
(1) This section shall not be construed as a substitute
for family reunification services conducted under 42 Pa.C.S.
Ch. 63 (relating to juvenile matters).
(2) The execution of a document conveying any authority
described in subsection (a) shall not be binding in a custody
or dependency proceeding.
(3) Regardless of the execution of a document conveying
any authority described in subsection (a), a custody or
dependency determination shall be based on the best interests
of the child or other applicable standard as provided by law.
Section 2. This act shall take effect in 60 days.
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