Amendment vs bill Senate Committee Amendment, #4019, H&W, Draft vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
SCAHB775 3005 4019 SENATE COMMITTEE AMENDMENTS Regular Session Amendments proposed by Senate Committee on Health and Welfare to Engrossed House Bill No.
775 BYREPRESENTATIVESCHENEVERT,ADAMS,BAYHAM,BERAULT,DEVILLIER, EDMONSTON,HORTON,LACOMBE,OWEN,SCHAMERHORN,SCHLEGEL, VILLIO, AND WYBLE AN ACT To amend and reenact R.S.
775 by Representative Chenevert AMENDMENT NO.
40:1079.1 and 1165.1(B)(2) and to repeal R.S.
1 On page 1, line 19, after "minority." delete the remainder of the line and delete line 20 and insert the following:
40:1079.2, 1079.3, and1079.13, relativetoaminor's consentto certainmedicalproceduresand treatments;
"Except as otherwise provided for in Subsection B, no healthcare provider shall provide medical or surgical care or services to any person who has not attained the age of majority without the consent of the parent, legal guardian or any person professing to be servingas temporarycustodian of the person who has not attained the age of majorityat the request of a parent or legal guardian." AMENDMENT NO.
to provide for parental consent for medical procedures performed on a minor;
2 On page 2, delete lines 1 through 4 AMENDMENT NO.
to provide for exceptions;
3 On page 2, line 12, after "minority." insert the following:
to revise a definition;
"(1)Ahealthcareprovider,healthcarefacility,hospital,physician,nurse,emergency medical services provider, or other person licensed or authorized to provide healthcare services in this state may rely in good faith on the representation of a person professing to be serving as temporary custodian or caregiver of a person who has not attained the age of majority.
to require parental access to medical records for minor children;
to prohibit civil and criminal liability for hospitals and healthcare professionals licensed to practice medicine in this state;
to repeal a school or facility's authority to provide preventive counseling or treatment to a minor without parental consent;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
40:1079.1 and 1165.1(B)(2) are hereby amended and reenacted to read as follows:
§1079.1.
Medical treatment;
exceptions;
record requests A.(1) Consent to the provision of medical or surgical care or services by a hospitalorpublicclinic,ortotheperformanceofmedicalorsurgicalcareorservices bya physician, licensed to practicemedicineinthis state,whenexecutedbyaminor whoisorbelieveshimselftobeafflictedwithanillnessordisease,shallbevalidand binding as if the minor had achieved his majority.
Any such consent shall not be subject to a later disaffirmance by reason of his minority.
Except as otherwise provided for in Subsection B of this Section, no healthcare provider shall provide medical or surgical care or services to any person who has not attained the age of majority without the consent of the parent, legal guardian, or anyperson professing to be servingas temporarycustodian orcaregiveroftheperson who has not attained the age of majority at the request of a parent or legal guardian.
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HB NO.
775 ENROLLED (2) Aminormayconsenttomedicalcareortheadministrationofmedication by a hospital licensed to provide hospital services or by a physician licensed to practice medicine in this state for the purpose of alleviating or reducing pain, discomfort, or distress of and during labor and childbiThe manner of administration of medications includes but is not limited to intravenous, intramuscular,epidural,andspinal.
This consentshall bevalid and binding as if the minor had achieved her majority, and it shall not be subject to a later disaffirmance by reason of her minority.
(1) A healthcare provider, healthcare facility, hospital, physician, nurse, emergency medical services provider, or other person licensed or authorized to provide healthcare services in this state mayrelyin good faith on the representation of a person professing to be serving as temporarycustodian or caregiver of a person who has not attained the age of majority.
40:1159.4(F) and (G) shall applyto any hospital, healthcare facility, physician, or healthcare provider that relies in good faith on any direction or decision by any person reasonably believed to be authorized and empowered to consent under this Section.
40:1159.4(F) and (G) shall apply to any hospital, health care facility, physician, or health care provider that relies in good faith on any direction or decision by any person reasonably believed to be authorized and empowered to consent under this Section.
(3)Ahealthcareproviderorhealthcarefacilityrelyingontherepresentations of a temporary custodian or caregiver under this Section shall have no affirmative dutyto investigate, verify, or confirm the legal authority of the person professing to be serving as temporarycustodian or caregiver of such person who has not attained the age of majority at the request of a parent or legal guardian absent actual knowledge that the representation is false.
(3) A healthcare provider or healthcare facility relying on the representations of a temporarycaregiver under this Section shall have no affirmative dutyto investigate, verify, or confirm the legal authorityof the person professing to be servingas temporarycustodian of such person who has not attained the age of majority at the request of a parent or legal guardian absent actual knowledge that the representation is false." AMENDMENT NO.
B.(1) Theconsentofaspouse,parent,guardian,oranyotherpersonstanding in a fiduciarycapacityto the minor shall not be necessaryin order to authorize such hospital careor servicesor medical or surgical care or services, or administration of drugs to be provided by a physician licensed to practice medicine to such a minor.
4 On page 2, line 17, delete "minor" and insert "person who has not attained the age of majority" AMENDMENT NO.
A person who has not attained the age of majority may consent to the provision of medical and mental health services in anyof the following circumstances:
5 On page 2, line 19, delete "minor" and insert "person who has not attained the age of majority" AMENDMENT NO.
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6 On page 2, line 21, delete "minor" and insert "person who has not attained the age of majority" AMENDMENT NO.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
7 On page 2, line 22, delete "minor" and insert "person who has not attained the age of majority" Page 1 of 2 SCAHB775 3005 4019 AMENDMENT NO.
HB NO.
8 On page 2, line 24, delete "minor" and insert "person who has not attained the age of majority" AMENDMENT NO.
775 ENROLLED (a) If the person who has not attained the age of majorityis a member of the armed forces of the United States of America.
9 On page 2, line 25, delete "minor" and insert "person who has not attained the age of majority" AMENDMENT NO.
(b) If the person who has not attained the age of majority is emancipated.
10 On page 2, line 27, delete "minor" and insert "person who has not attained the age of majority" AMENDMENT NO.
(c) If the person who has not attained the age of majority is pregnant and consenting to medical or surgical care or services related to the pregnancy.
11 On page 2, line 28, delete "minor" and insert "person who has not attained the age of majority" AMENDMENT NO.
(d) If the person who has not attained the age of majority is seeking treatment for alcohol or substance misuse.
12 On page 3, line 1, delete "minor" and insert "person who has not attained the age of majority" AMENDMENT NO.
(e) If the person who has not attained the age of majorityis seekingmedical or surgical care and services for the treatment of sexually transmitted diseases.
13 On page 3, between lines 2 and 3, insert the following:
(f) If the person who has not attained the age of majority is donating blood.
"(i) If the person who has not attained the age of majority is enrolled as a student in a college or university." AMENDMENT NO.
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(g) Ifahealthcareprovider,inhisprofessionaljudgment,believestheperson who has not attained the age of majority is exhibiting signs of abuse or neglect as defined in Children's Code Article 603.
14 On page 3, line 3, delete "minor" and insert "person who has not attained the age of majority" AMENDMENT NO.
(h) If a person who has not attained the age of majority voluntarily chooses to be admitted to a treatment facility in accordance with Children's Code Article 1464.
15 On page 3, line 4, delete "minor" and insert "person" AMENDMENT NO.
(i) If the person who has not attained the age of majority is enrolled as a student in a college or university, not including a high school student that is dually enrolled in a post-secondaryeducation program.
16 On page 3, line 11, delete "minor child" and insert "person" AMENDMENT NO.
(j) If the person who has not attained the age of majority is seeking contraceptives or prevention or treatment for a sexually transmitted infection, with the exception of the provision of a vaccination for a sexual transmitted disease or infection.
17 On page 3, line 26, delete "minor child" and insert "person who has not attained the age of majority" Page 2 of 2
(2) Consent given by a person who has not attained the age of majority in accordance with this Subsection shall be valid and binding as if the person had achievedhismajority.
Anysuchconsentshall notbesubjecttoalaterdisaffirmance by reason of his minority.
C.
Upon the advice and direction of a treating physician, or, in the case of a medical staff, anyone of them, a physician or member of a medical staff may, but shall not be obligated to, inform the spouse, parent or guardian of anysuch minor as Page 3 of 4 CODING:
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HB NO.
775 ENROLLED to the treatment given or needed,and such information maybe given to, or withheld from the spouse, parent or guardian without the consent and over the express objection of the minor.
Consent to surgical or medical treatment for a person who has not reached the age of eighteen shall be implied in cases of emergency, as defined in R.S.
40:1159.5.
D.
No licensed healthcare facility hospital and no physician licensed healthcare provider authorized to practice medicine provide healthcare services in this state shall incur civil or criminal liability in connection with any examination, diagnosis and treatment authorized by this Section except for negligence.
* * * §1165.1.
Healthcare information;
records * * * B.
As used in this Section:
* * * (2) "Patient" means a natural person who receives or should have received healthcarefromalicensedhealthcareprovider,underacontract,expressorimplied or, in the case of a person under the age of eighteen, the parent, tutor, or legal guardian of a person who has not attained the age of majority.
* * * Section2.
R.S.40:1079.2,1079.3,and1079.13areherebyrepealedintheirentirety.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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