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House Journal: Page 387: Thursday, February 9, 1995

11   based on a physician's clinical judgment, so
12   complicates the health of a minor as to require
13   immediate medical intervention.
14     b.  "Medical provider" means a person licensed to
15   practice medicine and surgery, osteopathic medicine
16   and surgery, osteopathy, chiropractic, massage
17   therapy, physical therapy, podiatry, nursing,
18   dentistry, optometry, or as a physician assistant,
19   dental hygienist, or an acupuncturist, or advanced
20   emergency medical care provider.
21     c.  "Minor" means a person under eighteen years of
22   age who has not been and is not married.
23     d.  "Parent" means one parent or a legal guardian
24   or custodian of a minor.
25     2.  A medical provider shall not provide or perform
26   any diagnosis, treatment, or other medical
27   intervention of, to, or on a minor until a parent of
28   the minor has been notified of the minor's request or
29   presentation for medical intervention.  This
30   requirement does not apply if the medical provider
31   certifies, in writing, that a medical emergency exists
32   which necessitates the immediate provision or
33   performance of diagnosis, treatment, or other medical
34   intervention.
35     Sec. 2.  Section 125.33, subsection 1, Code 1995,
36   is amended to read as follows:
37     1.  A substance abuser or chronic substance abuser
38   may apply for voluntary treatment or rehabilitation
39   services directly to a facility or to a licensed
40   physician and surgeon or osteopathic physician and
41   surgeon.  If the proposed patient is a minor or an
42   incompetent person, a parent, a legal guardian or
43   other legal representative may shall make the
44   application.  The licensed physician and surgeon or
45   osteopathic physician and surgeon or any employee or
46   person acting under the direction or supervision of
47   the physician and surgeon or osteopathic physician and
48   surgeon, or the facility shall not report or disclose
49   the name of the person or the fact that treatment was
50   requested or has been undertaken to any law
Page 2  
 1   enforcement officer or law enforcement agency; nor
 2   shall such information be admissible as evidence in
 3   any court, grand jury, or administrative proceeding
 4   unless authorized by the person seeking treatment.  If
 5   the person seeking such treatment or rehabilitation is
 6   a minor who has personally made application for
 7   treatment, the fact that the minor sought treatment or
 8   rehabilitation or is receiving treatment or
 9   rehabilitation services shall not be reported or
10   disclosed to the parents or legal guardian of such
11   minor without the minor's consent, and the minor may

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