AL
Alabama House Bill HB267

Alabama 2025 Regular Session

Alabama House Bill HB267 Compare Versions

Only one version of the bill is available at this time.
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33 HB267
44 HZ2P683-1
55 By Representatives DuBose, Brown, Gidley, Wilcox, Mooney,
66 Starnes, Baker, Hulsey, Brinyark, Carns, Pettus, Rehm, Moore
77 (P), Paschal, Kiel, Underwood, Shedd, Bolton, Lamb, Shirey,
88 Holk-Jones, Stadthagen, Standridge
99 RFD: Health
1010 First Read: 13-Feb-25
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1818 8 HZ2P683-1 01/06/2024 GP (L)lg 2024-1993
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2020 First Read: 13-Feb-25
2121 SYNOPSIS:
2222 Under existing law, a minor who is at least 14
2323 years of age, who has graduated from high school, or
2424 who is married, divorced, or pregnant may give legal
2525 consent to medical, dental, and mental health services
2626 for himself or herself.
2727 Also under existing law, any minor may give
2828 legal consent to participate in school counseling
2929 services, to donate bone marrow, or to determine the
3030 presence of or treat pregnancy, sexually transmitted
3131 infections, and alcohol or drug dependency.
3232 This bill would require a minor to be at least
3333 18 years of age to consent to medical, dental, and
3434 mental health services, including participation in
3535 school counseling services, receipt of a vaccine, and
3636 the donation of bone marrow, unless the minor is
3737 married, divorced, pregnant, emancipated, or living
3838 independently apart from his or her parents or legal
3939 guardian.
4040 This bill would allow any minor to consent to
4141 services to prevent or treat pregnancy, sexually
4242 transmitted infections, and alcohol or drug dependency.
4343 This bill would prohibit a health care provider
4444 or governmental entity from denying a parent access to
4545 his or her minor child's health information, unless a
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7575 his or her minor child's health information, unless a
7676 court order prohibits the access or the parent is under
7777 investigation for a crime against the child.
7878 This bill would also provide that parents have a
7979 fundamental right to make decisions concerning the
8080 furnishing of health care services to their minor
8181 child.
8282 A BILL
8383 TO BE ENTITLED
8484 AN ACT
8585 Relating to consent to medical treatment; to amend
8686 Sections 16-22-16.2, 22-8-4, 22-8-6, 22-8-9, and 22-8-10, Code
8787 of Alabama 1975; to add Sections 22-8-12 and 22-8-13 to the
8888 Code of Alabama 1975; to raise the age at which a minor may
8989 give legal consent to medical, dental, and mental health
9090 services for himself or herself; to provide exceptions for
9191 certain minors and certain services; to prohibit health care
9292 providers and governmental entities from denying a parent
9393 access to his or her minor child's health information, with
9494 exceptions; and to provide that it is the fundamental right of
9595 a parent to make decisions concerning the health care of his
9696 or her child.
9797 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
9898 Section 1. Sections 16-22-16.2, 22-8-4, 22-8-6, 22-8-9,
9999 and 22-8-10, Code of Alabama 1975, are amended to read as
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129129 and 22-8-10, Code of Alabama 1975, are amended to read as
130130 follows:
131131 "§16-22-16.2
132132 (a) Subject to appropriations by the Legislature,
133133 commencing with the 2023-2024 school year, each local board of
134134 education in the state shall employ a mental health service
135135 coordinator. The coordinator shall be responsible for
136136 coordinating student mental health services throughout the
137137 local school system.
138138 (b) An individual hired as a coordinator shall possess
139139 at least one of the following qualifications:
140140 (1) Have a bachelor's degree in social work.
141141 (2) Satisfy State Department of Education
142142 qualifications for a school counselor.
143143 (3) Satisfy State Department of Education
144144 qualifications for a school nurse.
145145 (4) Have professional mental health experience, or have
146146 been licensed in a mental health occupation including, but not
147147 limited to, licensure as a licensed professional counselor or
148148 marriage and family therapist.
149149 (5) Other qualifications as determined by the Alabama
150150 Department of Mental Health and the State Department of
151151 Education.
152152 (c) Within one year after being hired as a mental
153153 health service coordinator, an individual shall earn a
154154 school-based mental health certificate by successfully
155155 completing a certification program developed by the Alabama
156156 Department of Mental Health.
157157 (d) On or before the last day of the 2021 fiscal year,
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187187 (d) On or before the last day of the 2021 fiscal year,
188188 and as requested thereafter, each local board of education
189189 shall complete and submit to the Alabama Department of Mental
190190 Health a needs assessment and resource map for the schools
191191 under the jurisdiction of the board. The assessment shall
192192 document the status of mental health for the entire school
193193 system and allow the local board of education to engage in a
194194 quality improvement process to improve the provision of mental
195195 health resources to students within the school system.
196196 (e) The Alabama Department of Mental Health and the
197197 State Department of Education may adopt rules and policies as
198198 necessary for implementation of this section.
199199 (f) The administration of this section shall be subject
200200 to appropriations made by the Legislature.
201201 (g) As used in this section, the term "local board of
202202 education" and "school system" shall include the schools or
203203 school systems provided by Chapter 1 of Title 21; Chapters
204204 26A, 26B, and 26D of this title; and Article 4 of Chapter 1 of
205205 Title 44.
206206 (h)(1) For the purposes of this section ,: (i) "mental
207207 health services" includes services, treatment, surveys, or
208208 assessments relating to mental health , including, but not
209209 limited to, guidance counseling and any programming offered by
210210 an employee or independent contractor of a local board of
211211 education relating to mental health, suicide prevention, or
212212 bullying prevention; , and (ii) "parent" includes a student's
213213 parent or legal guardian, as applicable.
214214 (2)a. Except as provided in paragraph b., no No student
215215 of a public K-12 school under the age of 14 18 years of age
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245245 of a public K-12 school under the age of 14 18 years of age
246246 may be allowed to participate in ongoing school counseling
247247 services including, but not limited to, mental health
248248 services, unless specific written instruction has been granted
249249 by the student's parent , unless there is an imminent threat to
250250 the health of the student or others . For the purposes of this
251251 section, this written permission is referred to as an opt-in
252252 opt in.
253253 b. No school counselor may be precluded from providing
254254 school counseling services due to:
255255 1. An imminent threat to the health of the student or
256256 others;
257257 2. Suspected abuse, neglect, or exploitation; or
258258 3. When there is an immediate necessity for immediate
259259 grief counseling.
260260 (3) All local boards of education in this state shall
261261 adopt a policy concerning parent opt-in opt in for mental
262262 health services. At a minimum, each policy shall contain the
263263 following:
264264 a. A provision for written notification, at least
265265 annually, to parents about school provided or sponsored mental
266266 health services. The notification shall include the purpose
267267 and general description of each of the mental health services,
268268 information regarding ways parents may review materials to be
269269 used in guidance and counseling programs that are available to
270270 students, and information regarding ways parents may allow,
271271 limit, or prevent their student's participation in the
272272 programs.
273273 b. A provision requiring written permission by a parent
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303303 b. A provision requiring written permission by a parent
304304 for his or her student to participate in mental health
305305 services. This written permission shall be specific as to any
306306 treatment and not broad in nature. This permission shall also
307307 be required annually and may be rescinded at any time by
308308 providing written notice to school administration.
309309 c. If a parent elects to opt-in opt in to mental health
310310 services for his or her student, the counselor providing the
311311 services shall keep the parent fully informed regarding
312312 diagnosis, recommended counseling, or treatments, and the
313313 parent shall have the authority to make final decisions
314314 regarding counseling and treatments.
315315 d. A provision requiring all records pertaining to
316316 mental health services to be treated as health care records
317317 and kept separately from academic records."
318318 "§22-8-4
319319 (a) Any minor who is 14 years of age or older, or has
320320 graduated from high school, or is married, or having been
321321 married is divorced or is pregnant Each of the following
322322 individuals may give effective consent to any legally
323323 authorized medical, dental, health or mental health services
324324 for himself or herself, and the consent of no other person
325325 shall be necessary :
326326 (1) An individual who is 18 years of age or older.
327327 (2) A minor who has graduated from high school.
328328 (3) A minor who is married, or having been married is
329329 divorced.
330330 (4) A minor who is pregnant.
331331 (5) A minor who is emancipated.
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361361 (5) A minor who is emancipated.
362362 (6) A minor who is: (i) not dependent on a parent or
363363 legal guardian for support; (ii) living apart from his or her
364364 parents or other individual in loco parentis; and (iii)
365365 managing his or her own financial affairs.
366366 (b) For the purposes of this section, the term "medical
367367 services" includes the receipt of a vaccine ."
368368 "§22-8-6
369369 (a) Any minor may give effective consent for any
370370 legally authorized medical , health or mental health services
371371 to determine:
372372 (1) Determine the presence of , or to treat,pregnancy,
373373 venereal disease sexually transmitted infections , drug
374374 dependency, or alcohol toxicity or any reportable disease, and
375375 the; and
376376 (2) Prevent or determine the presence of pregnancy.
377377 (b) The consent of no other person shall be deemed
378378 individual is necessary for a minor to receive any services
379379 under this section ."
380380 "§22-8-9
381381 Any minor who is 14 years of age or older, or has
382382 graduated from high school, or is married, or having been
383383 married is divorced or is pregnant, (a) Each of the following
384384 individuals may give effective consent to the donation of his
385385 or her bone marrow for the purpose of bone marrow
386386 transplantation:
387387 (1) An individual who is 18 years of age or older.
388388 (2) A minor who has graduated from high school.
389389 (3) A minor who is married, or having been married is
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419419 (3) A minor who is married, or having been married is
420420 divorced.
421421 (4) A minor who is pregnant.
422422 (5) A minor who is emancipated.
423423 (6) A minor who is: (i) not dependent on a parent or
424424 legal guardian for support; (ii) living apart from his or her
425425 parents or other individual in loco parentis; and (iii)
426426 managing his or her own financial affairs .
427427 (b) A parent or legal guardian may consent to such bone
428428 marrow donation on behalf of any other minor who is not
429429 authorized to give his or her own effective consent to the
430430 donation of his or her bone marrow pursuant to subsection
431431 (a)."
432432 "§22-8-10
433433 (a) Notwithstanding Section 22-8-4, no minor may
434434 receive medical treatment for any mental health services
435435 without the written consent of the minor's parent or legal
436436 guardian.
437437 (b) The parent or legal guardian of a minor who is at
438438 least 14 years of age and under 19 18 years of age may
439439 authorize medical treatment for any mental health services
440440 even if the minor has expressly refused such treatment
441441 services if the parent or legal guardian and a mental health
442442 professional determine that clinical intervention is necessary
443443 and appropriate. Access to the mental health records of the
444444 minor will follow the Health Insurance Portability and
445445 Accountability Act of 1996 (HIPAA) Public Law 104-191."
446446 Section 2. Sections 22-8-12 and 22-8-13 are added to
447447 the Code of Alabama 1975, to read as follows:
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477477 the Code of Alabama 1975, to read as follows:
478478 §22-8-12
479479 (a) Except as provided in subsection (b), no health
480480 care provider or governmental entity may deny a parent or
481481 legal guardian access to his or her minor child's health
482482 information when:
483483 (1) The health information is in the control of the
484484 health care provider or governmental entity; and
485485 (2) The parent or legal guardian requests access to the
486486 health information.
487487 (b) A health care provider or governmental entity may
488488 deny a parent or legal guardian access to his or her minor
489489 child's health information if:
490490 (1) The access is prohibited by a court order; or
491491 (2) The parent or legal guardian is a subject of an
492492 investigation related to a crime against the minor child and a
493493 law enforcement officer has requested that the information not
494494 be released to the parent.
495495 §22-8-13
496496 Parents have the fundamental right and duty to make
497497 decisions concerning the furnishing of health care services to
498498 their minor child.
499499 Section 3. This act shall become effective on October
500500 1, 2025.
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