AL
Alabama Senate Bill SB101

Alabama 2025 Regular Session

Alabama Senate Bill SB101 Compare Versions

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33 SB101
4-6DYU331-2
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55 By Senators Stutts, Williams, Allen
66 RFD: Children and Youth Health
77 First Read: 05-Feb-25
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12+5 6DYU331-1 01/27/2025 GP (L)lg 2025-175
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1414 First Read: 05-Feb-25
15-A BILL
16-TO BE ENTITLED
17-AN ACT
18-Relating to consent to medical treatment; to amend
19-Sections 16-22-16.2, 22-8-4, 22-8-6, 22-8-9, and 22-8-10, Code
20-of Alabama 1975; to add Sections 22-8-12 and 22-8-13 to the
21-Code of Alabama 1975; to raise the age at which a minor may
22-give legal consent to medical, dental, and mental health
23-services for himself or herself; to provide exceptions for
24-certain minors and certain services; to prohibit health care
25-providers and governmental entities from denying a parent
26-access to his or her minor child's health information, with
27-exceptions; and to provide that it is the fundamental right of
28-a parent to make decisions concerning the health care of his
29-or her child.
30-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
31-Section 1. Sections 16-22-16.2, 22-8-4, 22-8-6, 22-8-9,
32-and 22-8-10, Code of Alabama 1975, are amended to read as
33-follows:
34-"§16-22-16.2
35-(a) Subject to appropriations by the Legislature,
36-commencing with the 2023-2024 school year, each local board of
37-education in the state shall employ a mental health service
15+SYNOPSIS:
16+Under existing law, a minor who is at least 14
17+years of age, who has graduated from high school, or
18+who is married, divorced, or pregnant may give legal
19+consent to medical, dental, and mental health services
20+for himself or herself.
21+Also under existing law, any minor may give
22+legal consent to participate in school counseling
23+services, to donate bone marrow, or to determine the
24+presence of or treat pregnancy, sexually transmitted
25+infections, and alcohol or drug dependency.
26+This bill would require a minor to be at least
27+18 years of age to consent to medical, dental, and
28+mental health services, including participation in
29+school counseling services, receipt of a vaccine, and
30+the donation of bone marrow, unless the minor is
31+married, divorced, pregnant, emancipated, or living
32+independently apart from his or her parents or legal
33+guardian.
34+This bill would allow any minor to consent to
35+services to prevent or treat pregnancy, sexually
36+transmitted infections, and alcohol or drug dependency.
37+This bill would prohibit a health care provider
38+or governmental entity from denying a parent access to
39+his or her minor child's health information, unless a
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67-education in the state shall employ a mental health service
68-coordinator. The coordinator shall be responsible for
69-coordinating student mental health services throughout the
70-local school system.
71-(b) An individual hired as a coordinator shall possess
72-at least one of the following qualifications:
73-(1) Have a bachelor's degree in social work.
74-(2) Satisfy State Department of Education
75-qualifications for a school counselor.
76-(3) Satisfy State Department of Education
77-qualifications for a school nurse.
78-(4) Have professional mental health experience, or have
79-been licensed in a mental health occupation including, but not
80-limited to, licensure as a licensed professional counselor or
81-marriage and family therapist.
82-(5) Other qualifications as determined by the Alabama
83-Department of Mental Health and the State Department of
84-Education.
85-(c) Within one year after being hired as a mental
86-health service coordinator, an individual shall earn a
87-school-based mental health certificate by successfully
88-completing a certification program developed by the Alabama
89-Department of Mental Health.
90-(d) On or before the last day of the 2021 fiscal year,
91-and as requested thereafter, each local board of education
92-shall complete and submit to the Alabama Department of Mental
93-Health a needs assessment and resource map for the schools
94-under the jurisdiction of the board. The assessment shall
95-document the status of mental health for the entire school
69+his or her minor child's health information, unless a
70+court order prohibits the access or the parent is under
71+investigation for a crime against the child.
72+This bill would also provide that parents have a
73+fundamental right to make decisions concerning the
74+furnishing of health care services to their minor
75+child.
76+A BILL
77+TO BE ENTITLED
78+AN ACT
79+Relating to consent to medical treatment; to amend
80+Sections 16-22-16.2, 22-8-4, 22-8-6, 22-8-9, and 22-8-10, Code
81+of Alabama 1975; to add Sections 22-8-12 and 22-8-13 to the
82+Code of Alabama 1975; to raise the age at which a minor may
83+give legal consent to medical, dental, and mental health
84+services for himself or herself; to provide exceptions for
85+certain minors and certain services; to prohibit health care
86+providers and governmental entities from denying a parent
87+access to his or her minor child's health information, with
88+exceptions; and to provide that it is the fundamental right of
89+a parent to make decisions concerning the health care of his
90+or her child.
91+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
92+Section 1. Sections 16-22-16.2, 22-8-4, 22-8-6, 22-8-9,
93+and 22-8-10, Code of Alabama 1975, are amended to read as
94+follows:
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125-document the status of mental health for the entire school
126-system and allow the local board of education to engage in a
127-quality improvement process to improve the provision of mental
128-health resources to students within the school system.
129-(e) The Alabama Department of Mental Health and the
130-State Department of Education may adopt rules and policies as
131-necessary for implementation of this section.
132-(f) The administration of this section shall be subject
133-to appropriations made by the Legislature.
134-(g) As used in this section, the term "local board of
135-education" and "school system" shall include the schools or
136-school systems provided by Chapter 1 of Title 21; Chapters
137-26A, 26B, and 26D of this title; and Article 4 of Chapter 1 of
138-Title 44.
139-(h)(1) For the purposes of this section ,: (i) "mental
140-health services" includes services, treatment, surveys, or
141-assessments relating to mental health , including, but not
142-limited to, guidance counseling and any programming offered by
143-an employee or independent contractor of a local board of
144-education relating to mental health, suicide provention, or
145-bullying prevention; , and (ii) "parent" includes a student's
146-parent or legal guardian, as applicable.
147-(2)a. Except as provided in paragraph b., no No student
148-of a public K-12 school under the age of 14 16 years of age
149-may be allowed to participate in ongoing school counseling
150-services including, but not limited to, mental health
151-services, unless specific written instruction has been granted
152-by the student's parent , unless there is an imminent threat to
153-the health of the student or others . For the purposes of this
124+follows:
125+"§16-22-16.2
126+(a) Subject to appropriations by the Legislature,
127+commencing with the 2023-2024 school year, each local board of
128+education in the state shall employ a mental health service
129+coordinator. The coordinator shall be responsible for
130+coordinating student mental health services throughout the
131+local school system.
132+(b) An individual hired as a coordinator shall possess
133+at least one of the following qualifications:
134+(1) Have a bachelor's degree in social work.
135+(2) Satisfy State Department of Education
136+qualifications for a school counselor.
137+(3) Satisfy State Department of Education
138+qualifications for a school nurse.
139+(4) Have professional mental health experience, or have
140+been licensed in a mental health occupation including, but not
141+limited to, licensure as a licensed professional counselor or
142+marriage and family therapist.
143+(5) Other qualifications as determined by the Alabama
144+Department of Mental Health and the State Department of
145+Education.
146+(c) Within one year after being hired as a mental
147+health service coordinator, an individual shall earn a
148+school-based mental health certificate by successfully
149+completing a certification program developed by the Alabama
150+Department of Mental Health.
151+(d) On or before the last day of the 2021 fiscal year,
152+and as requested thereafter, each local board of education
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183-the health of the student or others . For the purposes of this
184-section, this written permission is referred to as an opt-in
185-opt in.
186-b. No school counselor may be precluded from providing
187-school counseling services due to:
188-1. An imminent threat to the health of the student or
189-others;
190-2. Suspected abuse, neglect, or exploitation; or
191-3. When there is an immediate necessity for immediate
192-grief counseling.
193-(3) All local boards of education in this state shall
194-adopt a policy concerning parent opt-in opt in for mental
195-health services. At a minimum, each policy shall contain the
196-following:
197-a. A provision for written notification, at least
198-annually, to parents about school provided or sponsored mental
199-health services. The notification shall include the purpose
200-and general description of each of the mental health services,
201-information regarding ways parents may review materials to be
202-used in guidance and counseling programs that are available to
203-students, and information regarding ways parents may allow,
204-limit, or prevent their student's participation in the
205-programs.
206-b. A provision requiring written permission by a parent
207-for his or her student to participate in mental health
208-services. This written permission shall be specific as to any
209-treatment and not broad in nature. This permission shall also
210-be required annually and may be rescinded at any time by
211-providing written notice to school administration.
182+and as requested thereafter, each local board of education
183+shall complete and submit to the Alabama Department of Mental
184+Health a needs assessment and resource map for the schools
185+under the jurisdiction of the board. The assessment shall
186+document the status of mental health for the entire school
187+system and allow the local board of education to engage in a
188+quality improvement process to improve the provision of mental
189+health resources to students within the school system.
190+(e) The Alabama Department of Mental Health and the
191+State Department of Education may adopt rules and policies as
192+necessary for implementation of this section.
193+(f) The administration of this section shall be subject
194+to appropriations made by the Legislature.
195+(g) As used in this section, the term "local board of
196+education" and "school system" shall include the schools or
197+school systems provided by Chapter 1 of Title 21; Chapters
198+26A, 26B, and 26D of this title; and Article 4 of Chapter 1 of
199+Title 44.
200+(h)(1) For the purposes of this section ,: (i) "mental
201+health services" includes services, treatment, surveys, or
202+assessments relating to mental health , including, but not
203+limited to, guidance counseling and any programming offered by
204+an employee or independent contractor of a local board of
205+education relating to mental health, suicide provention, or
206+bullying prevention; , and (ii) "parent" includes a student's
207+parent or legal guardian, as applicable.
208+(2)a. Except as provided in paragraph b., no No student
209+of a public K-12 school under the age of 14 18 years of age
210+may be allowed to participate in ongoing school counseling
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241-providing written notice to school administration.
242-c. If a parent elects to opt-in opt in to mental health
243-services for his or her student, the counselor providing the
244-services shall keep the parent fully informed regarding
245-diagnosis, recommended counseling, or treatments, and the
246-parent shall have the authority to make final decisions
247-regarding counseling and treatments.
248-d. A provision requiring all records pertaining to
249-mental health services to be treated as health care records
250-and kept separately from academic records."
251-"§22-8-4
252-(a) Any minor who is 14 years of age or older, or has
253-graduated from high school, or is married, or having been
254-married is divorced or is pregnant Each of the following
255-individuals may give effective consent to any legally
256-authorized medical, dental, health or mental health services
257-for himself or herself, and the consent of no other person
258-shall be necessary :
259-(1) An individual who is 16 years of age or older.
260-(2) A minor who has graduated from high school.
261-(3) A minor who is married, or having been married is
262-divorced.
263-(4) A minor who is pregnant.
264-(5) A minor who is emancipated.
265-(6) A minor who is: (i) not dependent on a parent or
266-legal guardian for support; (ii) living apart from his or her
267-parents or other individual in loco parentis; and (iii)
268-managing his or her own financial affairs.
269-(b) For the purposes of this section, the term "medical
240+may be allowed to participate in ongoing school counseling
241+services including, but not limited to, mental health
242+services, unless specific written instruction has been granted
243+by the student's parent , unless there is an imminent threat to
244+the health of the student or others . For the purposes of this
245+section, this written permission is referred to as an opt-in
246+opt in.
247+b. No school counselor may be precluded from providing
248+school counseling services due to:
249+1. An imminent threat to the health of the student or
250+others;
251+2. Suspected abuse, neglect, or exploitation; or
252+3. When there is an immediate necessity for immediate
253+grief counseling.
254+(3) All local boards of education in this state shall
255+adopt a policy concerning parent opt-in opt in for mental
256+health services. At a minimum, each policy shall contain the
257+following:
258+a. A provision for written notification, at least
259+annually, to parents about school provided or sponsored mental
260+health services. The notification shall include the purpose
261+and general description of each of the mental health services,
262+information regarding ways parents may review materials to be
263+used in guidance and counseling programs that are available to
264+students, and information regarding ways parents may allow,
265+limit, or prevent their student's participation in the
266+programs.
267+b. A provision requiring written permission by a parent
268+for his or her student to participate in mental health
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299-(b) For the purposes of this section, the term "medical
300-services" includes the receipt of a vaccine.
301-(c) Notwithstanding any provision of law to the
302-contrary, an individual who is 18 years of age or older may
303-give effective consent to participate in any clinical trial,
304-and the consent of no other person shall be necessary ."
305-"§22-8-6
306-(a) Any minor may give effective consent for any
307-legally authorized medical , health or mental health services
308-to determine:
309-(1) Determine the presence of , or to treat, pregnancy,
310-venereal disease sexually transmitted infections , drug
311-dependency, or alcohol toxicity or any reportable disease, and
312-the; and
313-(2) Prevent or determine the presence of pregnancy.
314-(b) The consent of no other person shall be deemed
315-individual is necessary for a minor to receive any services
316-under this section ."
317-"§22-8-9
318-Any minor who is 14 years of age or older, or has
298+for his or her student to participate in mental health
299+services. This written permission shall be specific as to any
300+treatment and not broad in nature. This permission shall also
301+be required annually and may be rescinded at any time by
302+providing written notice to school administration.
303+c. If a parent elects to opt-in opt in to mental health
304+services for his or her student, the counselor providing the
305+services shall keep the parent fully informed regarding
306+diagnosis, recommended counseling, or treatments, and the
307+parent shall have the authority to make final decisions
308+regarding counseling and treatments.
309+d. A provision requiring all records pertaining to
310+mental health services to be treated as health care records
311+and kept separately from academic records."
312+"§22-8-4
313+(a) Any minor who is 14 years of age or older, or has
319314 graduated from high school, or is married, or having been
320-married is divorced or is pregnant, (a) Each of the following
321-individuals may give effective consent to the donation of his
322-or her bone marrow for the purpose of bone marrow
323-transplantation:
324-(1) An individual who is 16 years of age or older.
315+married is divorced or is pregnant Each of the following
316+individuals may give effective consent to any legally
317+authorized medical, dental, health or mental health services
318+for himself or herself, and the consent of no other person
319+shall be necessary :
320+(1) An individual who is 18 years of age or older.
325321 (2) A minor who has graduated from high school.
326322 (3) A minor who is married, or having been married is
327323 divorced.
324+(4) A minor who is pregnant.
325+(5) A minor who is emancipated.
326+(6) A minor who is: (i) not dependent on a parent or
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357-divorced.
358-(4) A minor who is pregnant.
359-(5) A minor who is emancipated.
360356 (6) A minor who is: (i) not dependent on a parent or
361357 legal guardian for support; (ii) living apart from his or her
362358 parents or other individual in loco parentis; and (iii)
363359 managing his or her own financial affairs.
364-(b) A parent or legal guardian may consent to such bone
365-marrow donation on behalf of any other minor who is not
366-authorized to give his or her own effective consent to the
367-donation of his or her bone marrow pursuant to subsection
368-(a)."
369-"§22-8-10
370-(a) Notwithstanding Section 22-8-4, no minor under 16
371-years of age may receive medical treatment for any mental
372-health services without the written consent of the minor's
373-parent or legal guardian.
374-(b) The parent or legal guardian of a minor who is at
375-least 14 16 years of age and under 19 years of age may
376-authorize medical treatment for any mental health services
377-even if the minor has expressly refused such treatment
378-services if the parent or legal guardian and a mental health
379-professional determine that clinical intervention is necessary
380-and appropriate. Access to the mental health records of the
381-minor will follow the Health Insurance Portability and
382-Accountability Act of 1996 (HIPAA) Public Law 104-191."
383-Section 2. Sections 22-8-12 and 22-8-13 are added to
384-the Code of Alabama 1975, to read as follows:
385-§22-8-12
360+(b) For the purposes of this section, the term "medical
361+services" includes the receipt of a vaccine ."
362+"§22-8-6
363+(a) Any minor may give effective consent for any
364+legally authorized medical , health or mental health services
365+to determine:
366+(1) Determine the presence of , or to treat, pregnancy,
367+venereal disease sexually transmitted infections , drug
368+dependency, or alcohol toxicity or any reportable disease, and
369+the; and
370+(2) Prevent or determine the presence of pregnancy.
371+(b) The consent of no other person shall be deemed
372+individual is necessary for a minor to receive any services
373+under this section ."
374+"§22-8-9
375+Any minor who is 14 years of age or older, or has
376+graduated from high school, or is married, or having been
377+married is divorced or is pregnant, (a) Each of the following
378+individuals may give effective consent to the donation of his
379+or her bone marrow for the purpose of bone marrow
380+transplantation:
381+(1) An individual who is 18 years of age or older.
382+(2) A minor who has graduated from high school.
383+(3) A minor who is married, or having been married is
384+divorced.
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414+divorced.
415+(4) A minor who is pregnant.
416+(5) A minor who is emancipated.
417+(6) A minor who is: (i) not dependent on a parent or
418+legal guardian for support; (ii) living apart from his or her
419+parents or other individual in loco parentis; and (iii)
420+managing his or her own financial affairs .
421+(b) A parent or legal guardian may consent to such bone
422+marrow donation on behalf of any other minor who is not
423+authorized to give his or her own effective consent to the
424+donation of his or her bone marrow pursuant to subsection
425+(a)."
426+"§22-8-10
427+(a) Notwithstanding Section 22-8-4, no minor may
428+receive medical treatment for any mental health services
429+without the written consent of the minor's parent or legal
430+guardian.
431+(b) The parent or legal guardian of a minor who is at
432+least 14 years of age and under 19 18 years of age may
433+authorize medical treatment for any mental health services
434+even if the minor has expressly refused such treatment
435+services if the parent or legal guardian and a mental health
436+professional determine that clinical intervention is necessary
437+and appropriate. Access to the mental health records of the
438+minor will follow the Health Insurance Portability and
439+Accountability Act of 1996 (HIPAA) Public Law 104-191."
440+Section 2. Sections 22-8-12 and 22-8-13 are added to
441+the Code of Alabama 1975, to read as follows:
442+§22-8-12
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415472 §22-8-12
416473 (a) Except as provided in subsection (b), no health
417474 care provider or governmental entity may deny a parent or
418475 legal guardian access to his or her minor child's health
419476 information when:
420477 (1) The health information is in the control of the
421478 health care provider or governmental entity; and
422479 (2) The parent or legal guardian requests access to the
423480 health information.
424481 (b) A health care provider or governmental entity may
425482 deny a parent or legal guardian access to his or her minor
426483 child's health information if:
427484 (1) The access is prohibited by a court order; or
428485 (2) The parent or legal guardian is a subject of an
429486 investigation related to a crime against the minor child and a
430487 law enforcement officer has requested that the information not
431488 be released to the parent.
432489 §22-8-13
433490 Parents have the fundamental right and duty to make
434491 decisions concerning the furnishing of health care services to
435492 their minor child.
436493 Section 3. This act shall become effective on October
437494 1, 2025.
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461-1, 2025.
462-Senate
463-Read for the first time and referred
464-to the Senate committee on Children
465-and Youth Health
466-................05-Feb-25
467-Read for the second time and placed
468-on the calendar:
469- 0 amendments
470-................12-Feb-25
471-Read for the third time and passed
472-as amended
473-Yeas 30
474-Nays 2
475-Abstains 0
476-................08-Apr-25
477-Patrick Harris,
478-Secretary.
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