HB267INTRODUCED
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HB267
HZ2P683-1
By Representatives DuBose, Brown, Gidley, Wilcox, Mooney,
Starnes, Baker, Hulsey, Brinyark, Carns, Pettus, Rehm, Moore
(P), Paschal, Kiel, Underwood, Shedd, Bolton, Lamb, Shirey,
Holk-Jones, Stadthagen, Standridge
RFD: Health
First Read: 13-Feb-25
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8 HZ2P683-1 01/06/2024 GP (L)lg 2024-1993
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First Read: 13-Feb-25
SYNOPSIS:
Under existing law, a minor who is at least 14
years of age, who has graduated from high school, or
who is married, divorced, or pregnant may give legal
consent to medical, dental, and mental health services
for himself or herself.
Also under existing law, any minor may give
legal consent to participate in school counseling
services, to donate bone marrow, or to determine the
presence of or treat pregnancy, sexually transmitted
infections, and alcohol or drug dependency.
This bill would require a minor to be at least
18 years of age to consent to medical, dental, and
mental health services, including participation in
school counseling services, receipt of a vaccine, and
the donation of bone marrow, unless the minor is
married, divorced, pregnant, emancipated, or living
independently apart from his or her parents or legal
guardian.
This bill would allow any minor to consent to
services to prevent or treat pregnancy, sexually
transmitted infections, and alcohol or drug dependency.
This bill would prohibit a health care provider
or governmental entity from denying a parent access to
his or her minor child's health information, unless a
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his or her minor child's health information, unless a
court order prohibits the access or the parent is under
investigation for a crime against the child.
This bill would also provide that parents have a
fundamental right to make decisions concerning the
furnishing of health care services to their minor
child.
A BILL
TO BE ENTITLED
AN ACT
Relating to consent to medical treatment; to amend
Sections 16-22-16.2, 22-8-4, 22-8-6, 22-8-9, and 22-8-10, Code
of Alabama 1975; to add Sections 22-8-12 and 22-8-13 to the
Code of Alabama 1975; to raise the age at which a minor may
give legal consent to medical, dental, and mental health
services for himself or herself; to provide exceptions for
certain minors and certain services; to prohibit health care
providers and governmental entities from denying a parent
access to his or her minor child's health information, with
exceptions; and to provide that it is the fundamental right of
a parent to make decisions concerning the health care of his
or her child.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 16-22-16.2, 22-8-4, 22-8-6, 22-8-9,
and 22-8-10, Code of Alabama 1975, are amended to read as
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and 22-8-10, Code of Alabama 1975, are amended to read as
follows:
"§16-22-16.2
(a) Subject to appropriations by the Legislature,
commencing with the 2023-2024 school year, each local board of
education in the state shall employ a mental health service
coordinator. The coordinator shall be responsible for
coordinating student mental health services throughout the
local school system.
(b) An individual hired as a coordinator shall possess
at least one of the following qualifications:
(1) Have a bachelor's degree in social work.
(2) Satisfy State Department of Education
qualifications for a school counselor.
(3) Satisfy State Department of Education
qualifications for a school nurse.
(4) Have professional mental health experience, or have
been licensed in a mental health occupation including, but not
limited to, licensure as a licensed professional counselor or
marriage and family therapist.
(5) Other qualifications as determined by the Alabama
Department of Mental Health and the State Department of
Education.
(c) Within one year after being hired as a mental
health service coordinator, an individual shall earn a
school-based mental health certificate by successfully
completing a certification program developed by the Alabama
Department of Mental Health.
(d) On or before the last day of the 2021 fiscal year,
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(d) On or before the last day of the 2021 fiscal year,
and as requested thereafter, each local board of education
shall complete and submit to the Alabama Department of Mental
Health a needs assessment and resource map for the schools
under the jurisdiction of the board. The assessment shall
document the status of mental health for the entire school
system and allow the local board of education to engage in a
quality improvement process to improve the provision of mental
health resources to students within the school system.
(e) The Alabama Department of Mental Health and the
State Department of Education may adopt rules and policies as
necessary for implementation of this section.
(f) The administration of this section shall be subject
to appropriations made by the Legislature.
(g) As used in this section, the term "local board of
education" and "school system" shall include the schools or
school systems provided by Chapter 1 of Title 21; Chapters
26A, 26B, and 26D of this title; and Article 4 of Chapter 1 of
Title 44.
(h)(1) For the purposes of this section ,: (i) "mental
health services" includes services, treatment, surveys, or
assessments relating to mental health , including, but not
limited to, guidance counseling and any programming offered by
an employee or independent contractor of a local board of
education relating to mental health, suicide prevention, or
bullying prevention; , and (ii) "parent" includes a student's
parent or legal guardian, as applicable.
(2)a. Except as provided in paragraph b., no No student
of a public K-12 school under the age of 14 18 years of age
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of a public K-12 school under the age of 14 18 years of age
may be allowed to participate in ongoing school counseling
services including, but not limited to, mental health
services, unless specific written instruction has been granted
by the student's parent , unless there is an imminent threat to
the health of the student or others . For the purposes of this
section, this written permission is referred to as an opt-in
opt in.
b. No school counselor may be precluded from providing
school counseling services due to:
1. An imminent threat to the health of the student or
others;
2. Suspected abuse, neglect, or exploitation; or
3. When there is an immediate necessity for immediate
grief counseling.
(3) All local boards of education in this state shall
adopt a policy concerning parent opt-in opt in for mental
health services. At a minimum, each policy shall contain the
following:
a. A provision for written notification, at least
annually, to parents about school provided or sponsored mental
health services. The notification shall include the purpose
and general description of each of the mental health services,
information regarding ways parents may review materials to be
used in guidance and counseling programs that are available to
students, and information regarding ways parents may allow,
limit, or prevent their student's participation in the
programs.
b. A provision requiring written permission by a parent
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b. A provision requiring written permission by a parent
for his or her student to participate in mental health
services. This written permission shall be specific as to any
treatment and not broad in nature. This permission shall also
be required annually and may be rescinded at any time by
providing written notice to school administration.
c. If a parent elects to opt-in opt in to mental health
services for his or her student, the counselor providing the
services shall keep the parent fully informed regarding
diagnosis, recommended counseling, or treatments, and the
parent shall have the authority to make final decisions
regarding counseling and treatments.
d. A provision requiring all records pertaining to
mental health services to be treated as health care records
and kept separately from academic records."
"§22-8-4
(a) Any minor who is 14 years of age or older, or has
graduated from high school, or is married, or having been
married is divorced or is pregnant Each of the following
individuals may give effective consent to any legally
authorized medical, dental, health or mental health services
for himself or herself, and the consent of no other person
shall be necessary :
(1) An individual who is 18 years of age or older.
(2) A minor who has graduated from high school.
(3) A minor who is married, or having been married is
divorced.
(4) A minor who is pregnant.
(5) A minor who is emancipated.
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(5) A minor who is emancipated.
(6) A minor who is: (i) not dependent on a parent or
legal guardian for support; (ii) living apart from his or her
parents or other individual in loco parentis; and (iii)
managing his or her own financial affairs.
(b) For the purposes of this section, the term "medical
services" includes the receipt of a vaccine ."
"§22-8-6
(a) Any minor may give effective consent for any
legally authorized medical , health or mental health services
to determine:
(1) Determine the presence of , or to treat,pregnancy,
venereal disease sexually transmitted infections , drug
dependency, or alcohol toxicity or any reportable disease, and
the; and
(2) Prevent or determine the presence of pregnancy.
(b) The consent of no other person shall be deemed
individual is necessary for a minor to receive any services
under this section ."
"§22-8-9
Any minor who is 14 years of age or older, or has
graduated from high school, or is married, or having been
married is divorced or is pregnant, (a) Each of the following
individuals may give effective consent to the donation of his
or her bone marrow for the purpose of bone marrow
transplantation:
(1) An individual who is 18 years of age or older.
(2) A minor who has graduated from high school.
(3) A minor who is married, or having been married is
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(3) A minor who is married, or having been married is
divorced.
(4) A minor who is pregnant.
(5) A minor who is emancipated.
(6) A minor who is: (i) not dependent on a parent or
legal guardian for support; (ii) living apart from his or her
parents or other individual in loco parentis; and (iii)
managing his or her own financial affairs .
(b) A parent or legal guardian may consent to such bone
marrow donation on behalf of any other minor who is not
authorized to give his or her own effective consent to the
donation of his or her bone marrow pursuant to subsection
(a)."
"§22-8-10
(a) Notwithstanding Section 22-8-4, no minor may
receive medical treatment for any mental health services
without the written consent of the minor's parent or legal
guardian.
(b) The parent or legal guardian of a minor who is at
least 14 years of age and under 19 18 years of age may
authorize medical treatment for any mental health services
even if the minor has expressly refused such treatment
services if the parent or legal guardian and a mental health
professional determine that clinical intervention is necessary
and appropriate. Access to the mental health records of the
minor will follow the Health Insurance Portability and
Accountability Act of 1996 (HIPAA) Public Law 104-191."
Section 2. Sections 22-8-12 and 22-8-13 are added to
the Code of Alabama 1975, to read as follows:
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the Code of Alabama 1975, to read as follows:
§22-8-12
(a) Except as provided in subsection (b), no health
care provider or governmental entity may deny a parent or
legal guardian access to his or her minor child's health
information when:
(1) The health information is in the control of the
health care provider or governmental entity; and
(2) The parent or legal guardian requests access to the
health information.
(b) A health care provider or governmental entity may
deny a parent or legal guardian access to his or her minor
child's health information if:
(1) The access is prohibited by a court order; or
(2) The parent or legal guardian is a subject of an
investigation related to a crime against the minor child and a
law enforcement officer has requested that the information not
be released to the parent.
§22-8-13
Parents have the fundamental right and duty to make
decisions concerning the furnishing of health care services to
their minor child.
Section 3. This act shall become effective on October
1, 2025.
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