Text: H03045 Text: H03047 Text: H03000 - H03099 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 13, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "Section 1. NEW SECTION. 135L.1 NOTIFICATION 1 6 REQUIREMENTS &endash; MEDICAL PROCEDURES PERFORMED ON 1 7 MINORS. 1 8 1. As used in this section, unless the context 1 9 otherwise requires: 1 10 a. "Medical emergency" means a condition that, 1 11 based on a physician's clinical judgment, so 1 12 complicates the health of a minor as to require 1 13 immediate medical intervention. 1 14 b. "Medical provider" means a person licensed to 1 15 practice medicine and surgery, osteopathic medicine 1 16 and surgery, osteopathy, chiropractic, massage 1 17 therapy, physical therapy, podiatry, nursing, 1 18 dentistry, optometry, or as a physician assistant, 1 19 dental hygienist, or an acupuncturist, or advanced 1 20 emergency medical care provider. 1 21 c. "Minor" means a person under eighteen years of 1 22 age who has not been and is not married. 1 23 d. "Parent" means one parent or a legal guardian 1 24 or custodian of a minor. 1 25 2. A medical provider shall not provide or perform 1 26 any diagnosis, treatment, or other medical 1 27 intervention of, to, or on a minor until a parent of 1 28 the minor has been notified of the minor's request or 1 29 presentation for medical intervention. This 1 30 requirement does not apply if the medical provider 1 31 certifies, in writing, that a medical emergency exists 1 32 which necessitates the immediate provision or 1 33 performance of diagnosis, treatment, or other medical 1 34 intervention. 1 35 Sec. 2. Section 125.33, subsection 1, Code 1995, 1 36 is amended to read as follows: 1 37 1. A substance abuser or chronic substance abuser 1 38 may apply for voluntary treatment or rehabilitation 1 39 services directly to a facility or to a licensed 1 40 physician and surgeon or osteopathic physician and 1 41 surgeon. If the proposed patient is a minor or an 1 42 incompetent person, a parent, a legal guardian or 1 43 other legal representativemayshall make the 1 44 application. The licensed physician and surgeon or 1 45 osteopathic physician and surgeon or any employee or 1 46 person acting under the direction or supervision of 1 47 the physician and surgeon or osteopathic physician and 1 48 surgeon, or the facility shall not report or disclose 1 49 the name of the person or the fact that treatment was 1 50 requested or has been undertaken to any law 2 1 enforcement officer or law enforcement agency; nor 2 2 shall such information be admissible as evidence in 2 3 any court, grand jury, or administrative proceeding 2 4 unless authorized by the person seeking treatment.If2 5the person seeking such treatment or rehabilitation is2 6a minor who has personally made application for2 7treatment, the fact that the minor sought treatment or2 8rehabilitation or is receiving treatment or2 9rehabilitation services shall not be reported or2 10disclosed to the parents or legal guardian of such2 11minor without the minor's consent, and the minor may2 12give legal consent to receive such treatment and2 13rehabilitation.2 14 Sec. 3. Section 141.22, subsection 6, Code 1995, 2 15 is amended to read as follows: 2 16 6. A person may apply for voluntary treatment, 2 17 contraceptive services, or screening or treatment for 2 18 AIDS and other sexually transmitted diseases, directly 2 19 to a licensed physician and surgeon, an osteopathic 2 20 physician and surgeon, or a family planning clinic. 2 21Notwithstanding any other provision of law, ifIf the 2 22 person seeking the treatment is a minorwho has2 23personally madea parent, legal guardian, or custodian 2 24 shall make the application for services, screening, or 2 25 treatment, the fact that the minor sought services or2 26is receiving services, screening, or treatment shall2 27not be reported or disclosed, except for statistical2 28purposes.Notwithstanding any other provision of law,2 29however, theThe minor shall be informed prior to 2 30 testing that upon confirmation according to prevailing 2 31 medical technology of a positive HIV-related test 2 32 result the minor's parent, legal guardian, or 2 33 custodian is required to be informed by the testing 2 34 facility. Testing facilities where minors are tested 2 35 shall have available a program to assist minors and 2 36 parents, legal guardians, and custodians with the 2 37 notification process which emphasizes the need for 2 38 family support and assists in making available the 2 39 resources necessary to accomplish that goal. However, 2 40 a testing facility which is precluded by federal 2 41 statute, regulation, or center for disease control 2 42 guidelines, from informing the legal guardian is 2 43 exempt from the notification requirement, but not from 2 44 the requirement for an assistance program.The minor2 45shall give written consent to these procedures and to2 46receive the services, screening, or treatment. Such2 47consent is not subject to later disaffirmance by2 48reason of minority.2 49 Sec. 4. Section 147.137, subsection 3, Code 1995, 2 50 is amended to read as follows: 3 1 3. Is signed by the patient for whom the procedure 3 2 is to be performed, or if the patient for any reason 3 3 lacks legal capacity to consent, including that the 3 4 patient is under eighteen years of age and has not 3 5 been and is not married, is signed by a person who has 3 6 legal authority to consent on behalf of that patient 3 7 in those circumstances. 3 8 Sec. 5. Section 147A.10, subsection 2, Code 1995, 3 9 is amended to read as follows: 3 10 2. A physician, physician's designee, physician 3 11 assistant, or advanced emergency medical care provider 3 12 shall not be subject to civil liability solely by 3 13 reason of failure to obtain consent before rendering 3 14 emergency medical, surgical, hospital or health 3 15 services to any individual, regardless of age,when 3 16 the patient is unable to give consent for any reason 3 17 and there is no other person reasonably available who 3 18 is legally authorized to consent to the providing of 3 19 such care. However, if the individual is under 3 20 eighteen years of age and has not been and is not 3 21 married, a parent, legal guardian, or custodian shall 3 22 be notified prior to the rendering of services to the 3 23 individual, unless a medical emergency exists. For 3 24 the purposes of this subsection "medical emergency" 3 25 means medical emergency as defined in section 135L.1. 3 26 Sec. 6. Section 229.2, subsection 1, unnumbered 3 27 paragraph 2, Code 1995, is amended to read as follows: 3 28 In the case of a minor, the parent, guardian, or 3 29 custodianmayshall make application for admission of 3 30 the minor as a voluntary patient. 3 31 Sec. 7. Section 229.2, subsection 1, paragraphs a 3 32 through f, Code 1995, are amended by striking the 3 33 paragraphs. 3 34 Sec. 8. Sections 140.9 and 599.6, Code 1995, are 3 35 repealed." 3 36 #2. Title page, line 1, by striking the words 3 37 "decision-making process" and inserting the following: 3 38 "notification process for minors seeking medical 3 39 intervention." 3 40 #3. Title page, by striking lines 2 and 3. 3 41 3 42 3 43 3 44 GRUNDBERG of Polk 3 45 SF 13.515 76 3 46 pf/jw
Text: H03045 Text: H03047 Text: H03000 - H03099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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