[First Reprint]

ASSEMBLY, No. 3435

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED JUNE 23, 2014

 


 

Sponsored by:

Assemblyman  CARMELO G. GARCIA

District 33 (Hudson)

Assemblyman  RAJ MUKHERJI

District 33 (Hudson)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblyman  CHARLES MAINOR

District 31 (Hudson)

Assemblyman  TIMOTHY J. EUSTACE

District 38 (Bergen and Passaic)

Assemblywoman  GABRIELA M. MOSQUERA

District 4 (Camden and Gloucester)

 

Co-Sponsored by:

Assemblyman McKeon and Assemblywoman Lampitt

 

 

 

 

SYNOPSIS

     "Boys & Girls Clubs Keystone Law"; permits minors to give consent for behavioral health care.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Women and Children Committee on October 9, 2014, with amendments.

  


An Act concerning minor's consent for behavioral health care, designated as "Boys & Girls Clubs Keystone Law," and amending1, and supplementing1 P.L.1968, c.230.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 1 of P.L.1968, c.230 (C.9:17A-4) is amended to read as follows:

     1.    The consent to the provision of medical or surgical care or services by a hospital, public clinic, or the performance of medical or surgical care or services by a physician, licensed to practice medicine, when executed by a minor who is or believes that he may be afflicted with a venereal disease, or who is at least 13 years of age and is or believes that he may be infected with the human immunodeficiency virus or have acquired immune deficiency syndrome, or by a minor who, in the judgment of a treating physician, appears to have been sexually assaulted, shall be valid and binding as if the minor had achieved his or her majority, as the case may be.  Any such consent shall not be subject to later disaffirmance by reason of minority.  In the case of a minor who appears to have been sexually assaulted, the minor's parents or guardian shall be notified immediately, unless the attending physician believes that it is in the best interests of the patient not to do so; however, inability of the treating physician, hospital, or clinic to locate or notify the parents or guardian shall not preclude the provision of any necessary emergency medical or surgical care to the minor.

     When a minor believes that he is suffering from the use of drugs or is a drug dependent person as defined in section 2 of P.L.1970, c.226 (C.24:21-2) or is suffering from alcohol dependency or is an alcoholic as defined in section 2 of P.L.1975, c.305 (C.26:2B-8), his consent to treatment under the supervision of a physician licensed to practice medicine, or an individual licensed or certified to provide treatment for alcoholism, or in a facility licensed by the State to provide for the treatment of alcoholism shall be valid and binding as if the minor had achieved [his or her] the age of majority [, as the case may be].  Any such consent shall not be subject to later disaffirmance by reason of minority.  Treatment for drug use, drug abuse, alcohol use or alcohol abuse that is consented to by a minor shall be considered confidential information between the physician, the treatment provider, or the treatment facility, as appropriate, and [his] the patient, and neither the minor nor his physician, treatment provider, or treatment facility, as appropriate, shall be required to report such treatment when it is the result of voluntary consent, except as may otherwise be required by law.

     When a minor believes that he is in need of behavioral health care services for the treatment of mental illness or emotional disorders, his consent to treatment under the supervision of a physician licensed to practice medicine, or an individual licensed to provide professional counseling under Title 45 of the Revised Statutes, including, but not limited to, a psychiatrist, licensed practicing psychologist, certified social worker, licensed clinical social worker, licensed social worker, licensed marriage and family therapist, certified psychoanalyst, licensed psychologist or licensed clinical social worker, 1advanced practice nurse,1 or in a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall be valid and binding as if the minor had achieved the age of majority.  Any such consent shall not be subject to later disaffirmance by reason of minority.  Treatment for behavioral health care services for mental illness or emotional disorders that is consented to by a minor shall be considered confidential information between the physician, the individual licensed to provide professional counseling, 1advanced practice nurse,1 or the health care facility, as appropriate, and the patient, and neither the minor nor his physician, professional counselor, 1nurse,1 or health care facility, as appropriate, shall be required to report such treatment when it is the result of voluntary consent.

     The consent of no other person or persons, including but not limited to, a spouse, parent, custodian or guardian, shall be necessary in order to authorize such hospital, facility or clinical care or services [or], medical or surgical care or services, or counseling to be provided by: a physician licensed to practice medicine [or by]; an individual licensed or certified to provide treatment for alcoholism; or an individual licensed to provide professional counseling under Title 45 of the Revised Statutes, as appropriate, to such a minor.

(cf:  P.L.2005, c.342, s.1)

 

     12.  (New section)  a.  The Department of Children and Families shall prepare and make available on the department's Internet website, both in print and in an easily printable format, information on the provisions of section 1 of P.L.1968, c.230 (C.9:17A-4), including, but not limited to,  the provisions mandating that the consent of a minor to treatment under the supervision of a physician licensed to practice medicine, advanced practice nurse, or an individual licensed to provide professional counseling under Title 45 of the Revised Statutes is valid and binding as if the minor had achieved the age of majority, and the treatment consented to by a minor shall be considered confidential information. 

     b.  The department shall prepare an informational pamphlet that contains the information posted on its website pursuant to subsection a. of this section.  The department shall distribute the pamphlet, at no charge, to all psychiatrists, licensed practicing psychologists, certified social workers, licensed clinical social workers, licensed social workers, licensed marriage and family therapists, certified psychoanalysts, licensed psychologists, licensed clinical social workers, advanced practice nurses, or health care facilities licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) in the State that provide behavioral health care services to children and young adults.1

 

     1[2.] 3.1     This act shall take effect immediately.