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 Reengrossed 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 present law shall apply exclusively to cases when there is a reasonable
belief by the healthcare provider providing medical or surgical care or a forensic medical
examination would impede a criminal investigation. Further provides that the Dept. of Children and
Family Services shall be notified when such cases exist.
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 provides that proposed law shall apply exclusively to cases when the sexual assault
counselor reasonably believes that notifying a parent or guardian would impede a criminal
investigation. Further provides that the Dept. of Children and Family Services shall be notified when
such cases exist.
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)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill: 1. Clarify that present law shall apply exclusively to cases when there is a reasonable belief
by the healthcare provider providing medical or surgical care or a forensic medical
examination would impede a criminal investigation and that the Dept. of Children and
Family Services shall be notified when such cases exist.
2. Clarify that the proposed law shall apply exclusively to cases when the sexual trauma
counselor reasonably believes that notifying a parent or guardian would impede a
criminal investigation and that the Dept. of Children and Family Services shall be
notified when such cases exist.