New Jersey 2024 2024-2025 Regular Session

New Jersey Assembly Bill A3016 Comm Sub / Analysis

                       
ASSEMBLY, No. 3016   
 
STATE OF NEW JERSEY 
221st LEGISLATURE  
   
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION 
 
 
Sponsored by: 
Assemblyman  CLINTON CALABRESE 
District 36 (Bergen and Passaic) 
Assemblyman  ANTHONY S. VERRELLI 
District 15 (Hunterdon and Mercer) 
Assemblyman  MICHAEL VENEZIA 
District 34 (Essex) 
 
Co-Sponsored by: 
Assemblyman Scharfenberger, Assemblywoman Flynn, Assemblyman 
Sampson and Assemblywoman Quijano 
 
 
 
 
SYNOPSIS 
 Allows follow up calls from operators of NJ Suicide Hopeline to minors at 
risk of committing suicide.  
 
CURRENT VERSION OF TEXT 
 As reported by the Assembly Aging and Human Services Committee with 
technical review. 
      
A3016 CALABRESE, VERRELLI 
2 
 
 EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is 
not enacted and is intended to be omitted in the law. 
 
 Matter underlined thus is new matter. 
 
 
AN ACT concerning the New Jersey Suicide Hopeline, amending 1 
P.L.1968, c.230, and supplementing Title 30 of the Revised 2 
Statutes. 3 
 4 
 BE IT ENACTED by the Senate and General Assembly of the State 5 
of New Jersey: 6 
 7 
 1. Section 1 of P.L.1968, c.230 (C.9:17A-4) is amended to read 8 
as follows: 9 
 1.  a.  (1)  The consent to the provision of medical or surgical 10 
care or services or a forensic sexual assault examination by a 11 
hospital or public clinic, or consent to the performance of medical 12 
or surgical care or services or a forensic sexual assault examination 13 
by a health care professional, when executed by a minor who is or 14 
believes that he or she may have a sexually transmitted infection, or 15 
who is at least 13 years of age and is or believes that he or she may 16 
be infected with the human immunodeficiency virus or have 17 
acquired immune deficiency syndrome, or by a minor who, in the 18 
judgment of the treating health care professional, appears to have 19 
been sexually assaulted, shall be valid and binding as if the minor 20 
had achieved the age of majority. Any such consent shall not be 21 
subject to later disaffirmance by reason of minority.  In the case of 22 
a minor who appears to have been sexually assaulted, the minor's 23 
parents or guardian shall be notified immediately, unless the 24 
treating healthcare professional believes that it is in the best 25 
interests of the patient not to do so.  Inability of the treating health 26 
care professional, hospital, or clinic to locate or notify the parents 27 
or guardian shall not preclude the provision of any emergency or 28 
medical or surgical care to the minor or the performance of a 29 
forensic sexual assault examination on the minor. 30 
 (2) As used in this subsection, "health care professional" means a 31 
physician, physician assistant, nurse, or other health care 32 
professional whose professional practice is regulated pursuant to 33 
Title 45 of the Revised Statutes. 34 
 b. When a minor believes that he or she is adversely affected 35 
by a substance use disorder involving drugs or is a person with a 36 
substance use disorder involving drugs as defined in section 2 of 37 
P.L.1970, c.226 (C.24:21-2) or is adversely affected by an alcohol 38 
use disorder or is a person with an alcohol use disorder as defined 39 
in section 2 of P.L.1975, c.305 (C.26:2B-8), the minor's consent to 40 
treatment under the supervision of a physician licensed to practice 41 
medicine, or an individual licensed or certified to provide treatment 42 
for an alcohol use disorder, or in a facility licensed by the State to 43 
provide for the treatment of an alcohol use disorder, shall be valid 44 
and binding as if the minor had achieved the age of majority.  45   
A3016 CALABRESE, VERRELLI 
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 Any such consent shall not be subject to later disaffirmance by 1 
reason of minority. Treatment for an alcohol use disorder or a 2 
substance use disorder involving drugs that is consented to by a 3 
minor shall be considered confidential information between the 4 
physician, the treatment provider, or the treatment facility, as 5 
appropriate, and the patient, and neither the minor nor the minor's 6 
physician, treatment provider, or treatment facility, as appropriate, 7 
shall be required to report such treatment when it is the result of 8 
voluntary consent, except as may otherwise be required by law. 9 
 When a minor who is [sixteen] 16 years of age or older believes 10 
that he or she is in need of behavioral health care services for the 11 
treatment of mental illness or emotional disorders, the minor's 12 
consent to temporary outpatient treatment, excluding the use or 13 
administration of medication, under the supervision of a physician 14 
licensed to practice medicine, an advanced practice nurse, or an 15 
individual licensed to provide professional counseling under Title 16 
45 of the Revised Statutes, including, but not limited to, a 17 
psychiatrist, licensed practicing psychologist, certified social 18 
worker, licensed clinical social worker, licensed social worker, 19 
licensed marriage and family therapist, certified psychoanalyst, or 20 
licensed psychologist, or in an outpatient health care facility 21 
licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), shall be 22 
valid and binding as if the minor had achieved the age of majority. 23 
 When a minor who is 16 years of age or older believes that he or 24 
she is in need of behavioral health care services for the treatment of 25 
mental illness or emotional disorders and places a telephone call to 26 
the New Jersey Suicide Hopeline for counseling and support, that 27 
minor shall be allowed to consent to receive a follow-up call from 28 
the operator of the hopeline who received and responded to the 29 
minor’s original call without parental consent or authorization in 30 
accordance with the provisions of P.L   , c.     (C.         ) (pending 31 
before the Legislature as this bill), and that consent shall be valid 32 
and binding as if the minor had achieved the age of majority. 33 
 Any such consent shall not be subject to later disaffirmance by 34 
reason of minority.  Treatment for behavioral health care services 35 
for mental illness or emotional disorders or receiving a follow-up 36 
telephone call from an operator of the New Jersey Suicide Hopeline 37 
pursuant to the provisions of P.L    , c.     (C.         ) (pending before 38 
the Legislature as this bill) that is consented to by a minor shall be 39 
considered confidential information between the physician, the 40 
individual licensed to provide professional counseling, the 41 
advanced practice nurse, [or] the health care facility, or the 42 
operator of the New Jersey Suicide Hopeline that places a follow-up 43 
call, as appropriate, and the [patient] minor, and neither the minor 44 
nor the minor's physician, professional counselor, nurse, [or] 45 
outpatient health care facility, or the operator of the New Jersey 46 
Suicide Hopeline, as appropriate, shall be required to report such 47   
A3016 CALABRESE, VERRELLI 
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treatment or telephone call when it is the result of voluntary 1 
consent. 2 
 The consent of no other person or persons, including but not 3 
limited to, a spouse, parent, custodian, or guardian, shall be 4 
necessary in order to authorize a minor to receive such hospital 5 
services, facility, or clinical care or services, medical or surgical 6 
care or services, or counseling services from a physician licensed to 7 
practice medicine, an individual licensed or certified to provide 8 
treatment for an alcohol use disorder, an advanced practice nurse, or 9 
an individual licensed to provide professional counseling under 10 
Title 45 of the Revised Statutes, or for the minor to receive a 11 
follow-up telephone call from an operator of the New Jersey 12 
Suicide Hopeline pursuant to P.L.     , c.    (C.     ) (pending before 13 
the Legislature as this bill), as appropriate, except that behavioral 14 
health care services for the treatment of mental illness or emotional 15 
disorders shall be limited to temporary outpatient services only. 16 
(cf: P.L.2017, c.131, s.7) 17 
 18 
 2. (New section) An operator of the New Jersey Suicide 19 
Hopeline who receives and responds to a telephone call from a 20 
minor who is 16 years of age or older for counseling and support 21 
and the operator identifies as at a high risk of committing suicide 22 
shall place follow-up calls to the minor, as appropriate, without the 23 
necessity of obtaining parental consent or authorization pursuant to 24 
subsection b. of section 1 of P.L.1968, c.238 (C.9:17A-4). 25 
 26 
 3. This act shall take effect immediately. 27