Allows a minor under certain circumstances to consent to the provision of medical care and services. (HB2076 HD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds that minors who are living on their own without parental support or guidance find it difficult, if not impossible, to obtain general medical care without the consent of a parent or guardian. Minors living on their own who cannot obtain parental consent for medical treatment include runaway, homeless, and street youth, as well as young people from Micronesia and other Pacific Islands who have moved to Hawaii on their own. Physicians or clinics that provide treatment to minors without parental consent face possible legal action. Without consent from a parent or guardian, this population of young people is left suffering when in need of medical treatment.

Currently in this state, youth aged fourteen and older may consent to family planning and contraceptive care, pregnancy-related care, and treatment for sexually transmitted diseases. Approximately forty-nine per cent of the fifty states and the District of Columbia allow minors some form of access to general medical care.

The purpose of this Act is to allow a minor to consent to the provision of medical care and services if a licensed physician determines that the minor has sufficient mental capacity to understand the nature and consequence of the proposed medical care and services and if the medical care and services are for the minor's benefit.

SECTION 2. Section 577A-1, Hawaii Revised Statutes, is amended by amending the definition of "medical care and services" to read as follows:

"Medical care and services" means [the diagnosis, examination, and administration of medication in the treatment of venereal diseases, pregnancy, and family planning services. It shall not include surgery or any treatment to induce abortion] any care, treatment, service, or procedure, including the administration of medication, to maintain, diagnose, or otherwise affect a person's physical condition; provided it shall not include elective-cosmetic surgery."

SECTION 3. Section 577A-2, Hawaii Revised Statutes, is amended to read as follows:

"§577A-2 Consent valid. [The consent] (a) A minor may:

(b) Any consent given under this section shall be valid and binding as if the minor had [achieved his or her] reached the age of majority [as the case may be; that is, a female minor who is, or professes to be pregnant, or a minor who is, or professes to be afflicted with a venereal disease, or a minor seeking family planning services] and the minor shall be deemed to have, and shall have the same legal capacity to act, and the same legal obligations with regard to the giving of such consent [to such hospitals and such clinics or medical care and services to be provided by a physician licensed to practice medicine,] as a person of full legal age and capacity, the infancy of the minor, and any contrary provisions of law notwithstanding[, and such].

(c) The consent given under this section shall not be subject to later disaffirmance by reason of [such] the patient's minority[; and the].

(d) No consent of [no] any other person or persons, [(]including[, but not limited to] a spouse, parent, custodian, or guardian[)], shall be necessary [in order] to authorize [such] hospitals or [such] clinics to provide care to, or medical care and services to be provided by a physician licensed to practice medicine, to [such] a minor under this section.

(e) Any person who in good faith renders medical care and services to a minor in reliance upon a physician's determination made in accordance with subsection (a)(2) shall have immunity from any civil or criminal liability based on that determination; provided that a person may be liable for any damages resulting from the person's gross negligence or wanton acts or omissions."

SECTION 4. Section 577A-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) If a minor consents to receive medical care and services, the spouse, parent, custodian, or guardian of the minor patient shall not be liable for the legal obligations resulting from the furnishing of medical care and services provided by the public and private hospital, or public and private clinic or physician licensed to practice medicine. A minor who consents to the provision of medical care and services under this [section] chapter shall assume financial responsibility for the costs of such medical care and services. Any other law to the contrary notwithstanding, no spouse, parent, custodian, or guardian whose consent has not been obtained or who has no prior knowledge that the minor has consented to the provision of such medical care and services shall be liable for the costs incurred by virtue of the minor's consent."

SECTION 5 Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.