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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 mental health professional
1 6 affiliated with a community mental health center may provide
1 7 outpatient mental health services or treatment to the minor
1 8 applicant, without the consent or knowledge of the minor's
1 9 parent or legal guardian.
1 10 2. The fact that the minor sought, received, or is
1 11 receiving outpatient mental health services or treatment shall
1 12 not be reported or disclosed to the parent or legal guardian
1 13 of the minor without the minor's consent, unless the mental
1 14 health professional providing the services or treatment to the
1 15 minor determines that a compelling need for disclosure exists
1 16 based upon a substantial probability of harm to the minor or
1 17 to other persons, and the minor is notified of the mental
1 18 health professional's intent to inform the minor's parent or
1 19 legal guardian.
1 20 3. Outpatient mental health services or treatment provided
1 21 to a minor without the consent of a parent or legal guardian
1 22 under this section shall be limited to not more than six
1 23 sessions or thirty days of services or treatment, whichever
1 24 occurs earlier. Following completion of the six sessions or
1 25 thirty days of outpatient services or treatment, the mental
1 26 health professional shall 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. Outpatient services or
2 2 treatment shall not be denied to a minor based upon the
2 3 minor's inability to provide financial reimbursement; however,
2 4 outpatient services or treatment may be limited in accordance
2 5 with subsection 3.
2 6 5. If a minor consents to outpatient mental health
2 7 services or treatment without obtaining the consent of a
2 8 parent or guardian, the minor shall not subsequently disaffirm
2 9 the consent by reason of minority.
2 10 6. For the purposes of this section, "mental health
2 11 professional" means a mental health professional as defined in
2 12 section 228.1 who provides outpatient mental health services
2 13 or treatment through a community mental health center.
2 14 EXPLANATION
2 15 This bill provides for the application for and provision of
2 16 outpatient mental health services or treatment by a community
2 17 mental health center to a minor with the minor's consent and
2 18 without the consent of a parent or legal guardian of the
2 19 minor. The bill prohibits the disclosure of the fact that the
2 20 minor sought, received, or is receiving services or treatment
2 21 to a parent or legal guardian of the minor without the minor's
2 22 consent, unless the mental health professional treating or
2 23 providing services to the minor determines that a compelling
2 24 need for disclosure exists based on a substantial probability
2 25 of harm to the minor or to other persons and the minor is
2 26 notified of the mental health professional's intent to inform
2 27 the minor's parent or legal guardian.
2 28 The bill limits the outpatient services or treatment which
2 29 may be provided to a minor without the consent of a parent or
2 30 legal guardian to six sessions or 30 days, whichever occurs
2 31 earlier, and provides that once the limited number of sessions
2 32 or days is completed, the mental health professional must
2 33 notify the parent or legal guardian to obtain consent to
2 34 provide subsequent outpatient mental health services or
2 35 treatment.
3 1 The bill provides that the minor's parent or legal guardian
3 2 is not liable for payment of the costs of services or
3 3 treatment provided to a minor without the consent of the
3 4 parent or legal guardian and that a minor shall not be
3 5 compelled to obtain consent or to agree to disclosure of the
3 6 fact that the minor sought, is receiving, or received
3 7 outpatient services or treatment in order to obtain financial
3 8 reimbursement for the community mental health center. The
3 9 bill also prohibits denial of outpatient services or treatment
3 10 to a minor based upon the minor's inability to provide
3 11 financial reimbursement but provides that the outpatient
3 12 services may be limited as provided in the bill.
3 13 The bill provides that if a minor consents to outpatient
3 14 services or treatment without obtaining the consent of a
3 15 parent or legal guardian, the minor shall not subsequently
3 16 disaffirm the consent by reason of minority.
3 17 "Mental health professional" is defined for the purposes of
3 18 the bill.
3 19 LSB 3105SV 76
3 20 pf/cf/24
Text: SF02102 Text: SF02104 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (76th General Assembly)
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