Text: SF02102 Text: SF02104 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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
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