Bill Text: OR SB491 | 2013 | Regular Session | Enrolled

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Bill Title: Relating to provision of medical services to minors by persons licensed by the Oregon Board of Licensed Professional Counselors and Therapists.

Spectrum: Committee Bill

Status: (Passed) 2013-05-24 - Effective date, January 1, 2014. [SB491 Detail]

Download: Oregon-2013-SB491-Enrolled.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         Senate Bill 491

Sponsored by COMMITTEE ON HEALTH CARE AND HUMAN SERVICES

                     CHAPTER ................

                             AN ACT

Relating to provision of medical services to minors by persons
  licensed by the Oregon Board of Licensed Professional
  Counselors and Therapists; creating new provisions; and
  amending ORS 109.675, 109.680 and 109.685.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 109.675 is amended to read:
  109.675. (1) A minor 14 years of age or older may obtain,
without parental knowledge or consent, outpatient diagnosis or
treatment of a mental or emotional disorder or a chemical
dependency, excluding methadone maintenance, by a physician
licensed by the Oregon Medical Board, a psychologist licensed by
the State Board of Psychologist Examiners, a nurse practitioner
registered by the Oregon State Board of Nursing, a clinical
social worker licensed by the State Board of Licensed Social
Workers { + , a professional counselor or marriage and family
therapist licensed by the Oregon Board of Licensed Professional
Counselors and Therapists + } or a community mental health
program established and operated pursuant to ORS 430.620 when
approved to do so by the Oregon Health Authority pursuant to
rule.
  (2) However, the person providing treatment shall have the
parents of the minor involved before the end of treatment unless
the parents refuse or unless there are clear clinical indications
to the contrary, which shall be documented in the treatment
record. The provisions of this subsection do not apply to:
  (a) A minor who has been sexually abused by a parent; or
  (b) An emancipated minor, whether emancipated under the
provisions of ORS 109.510 and 109.520 or 419B.550 to 419B.558 or,
for the purpose of this section only, emancipated by virtue of
having lived apart from the parents or legal guardian while being
self-sustaining for a period of 90 days prior to obtaining
treatment as provided by this section.
  SECTION 2. ORS 109.680 is amended to read:
  109.680. A physician, psychologist, nurse practitioner,
clinical social worker licensed under ORS 675.530 { + ,
professional counselor or marriage and family therapist licensed
by the Oregon Board of Licensed Professional Counselors and
Therapists + } or community mental health program described in
ORS 109.675 may advise the parent or parents or legal guardian of
any minor described in ORS 109.675 of the diagnosis or treatment
whenever the disclosure is clinically appropriate and will serve
the best interests of the minor's treatment because the minor's

Enrolled Senate Bill 491 (SB 491-INTRO)                    Page 1

condition has deteriorated or the risk of a suicide attempt has
become such that inpatient treatment is necessary, or the minor's
condition requires detoxification in a residential or acute care
facility.  If such disclosure is made, the physician,
psychologist, nurse practitioner, clinical social worker licensed
under ORS 675.530 { + , professional counselor or marriage and
family therapist licensed by the Oregon Board of Licensed
Professional Counselors and Therapists + } or community mental
health program shall not be subject to any civil liability for
advising the parent, parents or legal guardian without the
consent of the minor.
  SECTION 3. ORS 109.685 is amended to read:
  109.685. A physician, psychologist, nurse practitioner,
clinical social worker licensed under ORS 675.530 { + ,
professional counselor or marriage and family therapist licensed
by the Oregon Board of Licensed Professional Counselors and
Therapists + } or community mental health program described in
ORS 109.675 who in good faith provides diagnosis or treatment to
a minor as authorized by ORS 109.675 shall not be subject to any
civil liability for providing such diagnosis or treatment without
consent of the parent or legal guardian of the minor.
  SECTION 4.  { + The amendments to ORS 109.675, 109.680 and
109.685 by sections 1 to 3 of this 2013 Act apply to diagnoses
and treatments provided to a minor on or after the effective date
of this 2013 Act. + }
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Passed by Senate March 12, 2013

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House May 13, 2013

    .............................................................
                                     Tina Kotek, Speaker of House

Enrolled Senate Bill 491 (SB 491-INTRO)                    Page 2

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 491 (SB 491-INTRO)                    Page 3