SB1171 SD1

SECTION 1. The purpose of this Act is to allow a minor who is not under the care, supervision, or control of a parent, custodian, or legal guardian, to consent to the provision of primary medical care and services.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

PRIMARY Medical care for minors without support

§ -1 Definitions. For the purposes of this chapter, the following terms shall be defined as follows:

"Licensed health care practitioner" includes a dentist licensed under chapter 448, a physician licensed under chapter 453, a physician assistant certified under chapter 453, and an advanced practice registered nurse licensed under chapter 457.

"Minor without support" means a person who is at least fourteen years of age but less than eighteen years of age who is not under the care, supervision, or control of a parent, custodian, or legal guardian.

"Primary medical care and services" means health services that include screening, counseling, immunizations, medication, and treatment of illnesses and medical conditions provided by licensed health care practitioners usually in an outpatient setting. As used in this chapter, "primary medical care and services" does not include invasive care, such as surgery, that goes beyond standard injections, laceration care, or treatment of simple abscesses.

§ -2 Consent to primary medical care and services. (a) A licensed health care practitioner may provide primary medical care and services to a minor who consents to the primary medical care and services if the physician reasonably believes that:

(1) The minor understands the significant benefits and risks of the proposed primary medical care and services and can communicate a decision;

(2) The primary medical care and services are for the minor's benefit; and

(3) The minor is a "minor without support", as defined in section -1.

(b) Any consent given under this section shall be valid and binding as if the minor had reached the age of majority 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 consent as a person of full legal age and capacity, the infancy of the minor and any contrary provisions of law notwithstanding.

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

(d) No consent of any other person, including a spouse, parent, custodian, or guardian, shall be necessary in order to authorize a licensed health care practitioner to provide primary medical care and services to a minor under this section.

(e) Any licensed health care practitioner who in good faith renders primary medical care and services to a minor in accordance with the requirements of subsection (a) shall have immunity from any civil or criminal liability based on that determination; provided that a licensed health care practitioner whose determination under subsection (a) is the result of gross negligence or wilful or wanton acts or omissions shall be liable for damages resulting from the gross negligence or wilful or wanton acts or omissions.

(f) If a minor consents to receive primary medical care and services, the spouse, parent, custodian, or guardian of the minor shall not be liable for the legal obligations resulting from the primary medical care and services provided by a licensed health care practitioner. A minor who consents to the provision of primary medical care and services under this chapter shall assume financial responsibility for the costs of the primary medical care and services. Notwithstanding any other law to the contrary, a spouse, parent, custodian, or guardian of the minor, whose consent has not been obtained or who has no prior knowledge that the minor has consented to the provision of primary medical care and services shall not be liable for the costs incurred by virtue of the minor's consent.

(g) Notwithstanding any other law to the contrary, an action to recover any debt founded upon any contract, obligation, or liability made pursuant to this chapter shall not commence until the minor has reached the age of majority; provided that any such action shall commence within two years of the date the minor reaches the age of majority.

(h) If a claim for medical care or services obtained under this chapter is filed with a managed care plan or health insurance plan under which the minor is enrolled, and the minor does not want the plan to disclose information regarding the claim to the spouse, parent, custodian, or guardian of the minor, the minor or the licensed or registered health care practitioner rendering the medical care and services, acting on behalf of the minor, shall notify the plan prior to submission of the claim. The plan may require that the request for confidential communication be made in writing and contain a statement that disclosure of all or part the information to which the request pertains could endanger the minor. The plan shall have fourteen days to make the changed requested in the confidential communication. The plan may accommodate requests by the minor or the licensed or registered health care practitioner to receive communications related to the medical care and services by alternative means or at alternative locations."

SECTION 3. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	1171
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII