HLS 20RS-895 ENGROSSED
2020 Regular Session
HOUSE BILL NO. 610
BY REPRESENTATIVE LANDRY
HEALTH/CHILDREN: Provides relative to forensic medical examinations of minors
1 AN ACT
2To amend and reenact R.S. 40:1079.1(A)(1) and to enact R.S. 40:1079.4, relative to minors;
3 to provide for the minor's consent to medical treatment; to provide for forensic
4 medical examinations; to provide for a minor's consent for sexual trauma treatment;
5 and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:1079.1(A)(1) is hereby amended and reenacted and R.S.
840:1079.4 is hereby enacted to read as follows:
9 §1079.1. Medical treatment
10 A.(1) Consent to the provision of medical or surgical care, a forensic medical
11 examination, or services by a hospital or public clinic, or to the performance of
12 medical or surgical care, a forensic medical examination, or services by a physician,
13 licensed to practice medicine in this state, when executed by a minor who is or
14 believes himself to be afflicted with an illness or disease, shall be valid and binding
15 as if the minor had achieved his majority. Any such consent shall not be subject to
16 a later disaffirmance by reason of his minority.
17 * * *
18 §1079.4. Treatment for sexual trauma
19 A. Any sexual assault counselor licensed by a healthcare professional
20 licensing board created in Title 37 of the Louisiana Revised Statutes of 1950 may
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-895 ENGROSSED
HB NO. 610
1 provide counseling to a minor after the minor has given his consent to receive the
2 counseling. The minor's consent shall be valid and binding as if the minor had
3 achieved his majority. No consent given in accordance with this Section shall be
4 subject to a later disaffirmance by reason of his minority.
5 B. Notwithstanding any other provision of law to the contrary, nothing in
6 this Section shall be construed to negate or impair any provision of law relative to
7 the mandatory reporting of crimes against children under the age of eighteen years.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 610 Engrossed 2020 Regular Session Landry
Abstract: Provides with respect to a minor's consent to medical treatment, including a
forensic medical examination.
Present law provides that a minor may consent to medical or surgical care or services
provided by a hospital or public clinic, or to the performance of such services by a physician
licensed to practice in this state if the minor believes himself to be afflicted with an illness
or disease. Further provides that such consent shall be valid and binding as if the minor
achieved his majority.
Proposed law retains present law and adds that a minor may also consent to a forensic
medical examination when the minor believes he has been afflicted with an illness or
disease.
Proposed law provides that a sexual assault counselor licensed pursuant to present law may
provide sexual trauma treatment to a minor after the minor has provided consent to receive
such counseling. Further provides that the minor's consent shall be valid and binding as if
the minor had achieved his majority and shall not be considered null for reason of his age.
Proposed law does not negate or limit in any way any provision of present law that requires
the reporting of crimes against children under the age of 18.
(Amends R.S. 40:1079.1(A)(1); Adds R.S. 40:1079.4)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.