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PAG LIN
1 1 Section 1. NEW SECTION. 230A.19 SERVICES AND TREATMENT
1 2 TO MINORS.
1 3 1. A minor may apply for and consent to receiving
1 4 outpatient mental health services or treatment at a community
1 5 mental health center and a community mental health center may
1 6 provide outpatient mental health services or treatment to the
1 7 minor applicant, without the consent or knowledge of the
1 8 minor's parent or legal guardian.
1 9 2. The fact that the minor sought, received, or is
1 10 receiving outpatient mental health services or treatment shall
1 11 not be reported or disclosed to the parent or legal guardian
1 12 of the minor without the minor's consent, unless the mental
1 13 health professional providing the services or treatment to the
1 14 minor determines that a compelling need for disclosure exists
1 15 based upon a substantial probability of harm to the minor or
1 16 to other persons, and the minor is notified of the mental
1 17 health professional's intent to inform the minor's parent or
1 18 legal guardian.
1 19 3. Outpatient mental health services or treatment provided
1 20 to a minor without the consent of a parent or legal guardian
1 21 under this section shall be limited to not more than six
1 22 sessions or thirty days of services or treatment, whichever
1 23 occurs earlier. Following completion of the six sessions or
1 24 thirty days of outpatient services or treatment, the mental
1 25 health professional shall terminate services to the minor or,
1 26 with the minor's consent, notify the parent or legal guardian
1 27 to obtain consent to provide subsequent outpatient services or
1 28 treatment.
1 29 4. The minor's parent or legal guardian is not liable for
1 30 the costs of outpatient services or treatment provided to a
1 31 minor without the consent of the parent or legal guardian, and
1 32 a minor shall not be compelled to obtain consent or to agree
1 33 to disclosure of the fact that the minor has sought, received,
1 34 or is receiving outpatient services or treatment in order to
1 35 obtain financial reimbursement from a minor's parent or an
2 1 insurer of the minor's parent. A community mental health
2 2 center shall not deny outpatient services or treatment to a
2 3 minor based upon the minor's inability to provide financial
2 4 reimbursement.
2 5 5. If a minor consents to outpatient mental health
2 6 services or treatment without obtaining the consent of a
2 7 parent or guardian, the minor shall not subsequently disaffirm
2 8 the consent by reason of minority.
2 9 6. For the purposes of this section, "mental health
2 10 professional" means a mental health professional as defined in
2 11 section 228.1 who provides outpatient mental health services
2 12 or treatment through a community mental health center.
2 13 EXPLANATION
2 14 This bill provides for the application for and provision of
2 15 outpatient mental health services or treatment by a community
2 16 mental health center to a minor with the minor's consent and
2 17 without the consent of a parent or legal guardian of the
2 18 minor. The bill prohibits the disclosure of the fact that the
2 19 minor sought, received, or is receiving services or treatment
2 20 to a parent or legal guardian of the minor without the minor's
2 21 consent, unless the mental health professional treating or
2 22 providing services to the minor determines that a compelling
2 23 need for disclosure exists based on a substantial probability
2 24 of harm to the minor or to other persons and the minor is
2 25 notified of the mental health professional's intent to inform
2 26 the minor's parent or legal guardian.
2 27 The bill limits the outpatient services or treatment which
2 28 may be provided to a minor without the consent of a parent or
2 29 legal guardian to six sessions or 30 days, whichever occurs
2 30 earlier, and provides that once the limited number of sessions
2 31 or days is completed, the mental health professional must
2 32 terminate services or, with the minor's consent, notify the
2 33 parent or legal guardian to obtain consent to provide
2 34 subsequent outpatient mental health services or treatment.
2 35 The bill provides that the minor's parent or legal guardian
3 1 is not liable for payment of the costs of services or
3 2 treatment provided to a minor without the consent of the
3 3 parent or legal guardian and that a minor shall not be
3 4 compelled to obtain consent or to agree to disclosure of the
3 5 fact that the minor sought, is receiving, or received
3 6 outpatient services or treatment in order to obtain financial
3 7 reimbursement for the community mental health center. The
3 8 bill also prohibits a community mental health center from
3 9 denying outpatient services or treatment to a minor based upon
3 10 the minor's inability to provide financial reimbursement.
3 11 The bill provides that if a minor consents to outpatient
3 12 services or treatment without obtaining the consent of a
3 13 parent or legal guardian, the minor shall not subsequently
3 14 disaffirm the consent by reason of minority.
3 15 "Mental health professional" is defined for the purposes of
3 16 the bill.
3 17 LSB 3105SS 76
3 18 pf/cf/24.1
Text: SF02015 Text: SF02017 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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