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 3 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 4 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