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| Public Act 098-0671 | ||||
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AN ACT concerning public health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Consent by Minors to Medical Procedures Act | ||||
is amended by adding Section 1.5 as follows: | ||||
(410 ILCS 210/1.5 new) | ||||
Sec. 1.5. Consent by minor seeking care for primary care | ||||
services. | ||||
(a) The consent to the performance of primary care services | ||||
by a physician licensed to practice medicine in all its | ||||
branches, an advanced practice nurse who has a written | ||||
collaborative agreement with a collaborating physician that | ||||
authorizes provision of services for minors, or a physician | ||||
assistant who has been delegated authority to provide services | ||||
for minors executed by a minor seeking care is not voidable | ||||
because of such minority, and for such purpose, a minor seeking | ||||
care is deemed to have the same legal capacity to act and has | ||||
the same powers and obligations as has a person of legal age | ||||
under the following circumstances: | ||||
(1) the health care professional reasonably believes | ||||
that the minor seeking care understands the benefits and | ||||
risks of any proposed primary care or services; and | ||||
(2) the minor seeking care is identified in writing as | ||||
a minor seeking care by: | ||
(A) an adult relative; | ||
(B) a representative of a homeless service agency | ||
that receives federal, State, county, or municipal | ||
funding to provide those services or that is otherwise | ||
sanctioned by a local continuum of care; | ||
(C) an attorney licensed to practice law in this | ||
State; | ||
(D) a public school homeless liaison or school | ||
social worker; | ||
(E) a social service agency providing services to | ||
at risk, homeless, or runaway youth; or | ||
(F) a representative of a religious organization. | ||
(b) A health care professional rendering primary care | ||
services under this Section shall not incur civil or criminal | ||
liability for failure to obtain valid consent or professional | ||
discipline for failure to obtain valid consent if he or she | ||
relied in good faith on the representations made by the minor | ||
or the information provided under paragraph (2) of subsection | ||
(a) of this Section. Under such circumstances, good faith shall | ||
be presumed. | ||
(c) The confidential nature of any communication between a | ||
health care professional described in Section 1 of this Act and | ||
a minor seeking care is not waived (1) by the presence, at the | ||
time of communication, of any additional persons present at the | ||
request of the minor seeking care, (2) by the health care | ||
professional's disclosure of confidential information to the | ||
additional person with the consent of the minor seeking care, | ||
when reasonably necessary to accomplish the purpose for which | ||
the additional person is consulted, or (3) by the health care | ||
professional billing a health benefit insurance or plan under | ||
which the minor seeking care is insured, is enrolled, or has | ||
coverage for the services provided. | ||
(d) Nothing in this Section shall be construed to limit or | ||
expand a minor's existing powers and obligations under any | ||
federal, State, or local law. Nothing in this Section shall be | ||
construed to affect the Parental Notice of Abortion Act of | ||
1995. Nothing in this Section affects the right or authority of | ||
a parent or legal guardian to verbally, in writing, or | ||
otherwise authorize health care services to be provided for a | ||
minor in their absence. | ||
(e) For the purposes of this Section: | ||
"Minor seeking care" means a person at least 14 years | ||
of age but less than 18 years of age who is living separate | ||
and apart from his or her parents or legal guardian, | ||
whether with or without the consent of a parent or legal | ||
guardian who is unable or unwilling to return to the | ||
residence of a parent, and managing his or her own personal | ||
affairs. "Minor seeking care" does not include minors who | ||
are under the protective custody, temporary custody, or | ||
guardianship of the Department of Children and Family | ||
Services. | ||
"Primary care services" means health care services | ||
that include screening, counseling, immunizations, | ||
medication, and treatment of illness and conditions | ||
customarily provided by licensed health care professionals | ||
in an out-patient setting. "Primary care services" does not | ||
include invasive care, beyond standard injections, | ||
laceration care, or non-surgical fracture care.
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Section 99. Effective date. This Act takes effect October | ||
1, 2014.
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