Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 1   State of Arkansas
 2   94th General Assembly                        A Bill
 3   Regular Session, 2023                                                             HOUSE BILL 1266
 4
 5   By: Representative Evans
 6   By: Senator K. Hammer
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 8                                     For An Act To Be Entitled
 9                  AN ACT TO AUTHORIZE CERTAIN MINORS TO CONSENT TO
10                  OUTPATIENT MENTAL HEALTH SERVICES FOR SUICIDE
11                  PREVENTION, CHEMICAL ADDICTION OR DEPENDENCY, OR
12                  SEXUAL, PHYSICAL, OR EMOTIONAL ABUSE; AND FOR OTHER
13                  PURPOSES.
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15
16                                                 Subtitle
17                           TO AUTHORIZE CERTAIN MINORS TO CONSENT TO
18                           OUTPATIENT MENTAL HEALTH SERVICES FOR
19                           SUICIDE PREVENTION, CHEMICAL ADDICTION OR
20                           DEPENDENCY, OR SEXUAL, PHYSICAL, OR
21                           EMOTIONAL ABUSE.
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24   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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26          SECTION 1.        Arkansas Code Title 20, Chapter 9, Subchapter 6, is amended
27   to add an additional section to read as follows:
28          20-9-607.        Minor consent to outpatient mental health services.
29          (a)    A minor who is sixteen (16) years of age or older may consent to
30   outpatient mental health services, excluding the use of medication but
31   including counseling, for:
32                  (1)      Suicide prevention;
33                  (2)      Chemical addiction or dependency; or
34                  (3)      Sexual, physical, or emotional abuse.
35          (b)    A mental health professional having reasonable grounds to believe
36   that a minor is contemplating suicide, is suffering from a chemical or drug
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 1   addiction or dependency, or has been sexually, physically, or emotionally
 2   abused may:
 3                     (1)   Treat the minor without the consent of the minor's parents
 4   or legal guardian;
 5                     (2)(A)     With the consent of the minor who is a client, advise the
 6   minor’s parents or legal guardian of the treatment given to or needed by the
 7   minor.
 8                              (B)   The minor’s parent or legal guardian shall not be
 9   informed of the outpatient mental health services without the minor’s consent
10   unless:
11                                    (i)    The mental health professional treating the
12   minor determines that there is a compelling need for disclosure based on a
13   substantial probability of harm to the minor or to other persons; and
14                                    (ii)   The minor is notified of the mental health
15   professional’s intent to inform the minor’s parent or legal guardian; and
16                     (3)   Rely on the written statement of the minor containing the
17   grounds on which the minor has capacity to consent to the minor’s own
18   treatment under this section.
19            (c)   Unless consent is obtained or is otherwise allowed by law, a
20   mental health professional shall not treat a minor if consent is prohibited
21   by a court order.
22            (d)   A mental health professional treating a minor under this section
23   is not liable for damages except for damages resulting from the person’s
24   negligence or willful misconduct.
25            (e)   A parent or legal guardian who has not consented to the treatment
26   of the minor is not:
27                     (1)   Obligated to compensate a mental health professional for
28   outpatient mental health services rendered under this section; or
29                     (2)   Liable for the costs of outpatient mental health services
30   which are received by a minor under this section.
31            (f)(1)     Outpatient mental health services provided to a minor under
32   this section are limited to six (6) sessions or thirty (30) days of services,
33   whichever occurs sooner.
34                     (2)   After the sixth session or thirty (30) days of services, the
35   mental health professional shall terminate the services or, with the consent
36   of the minor, notify the parent or legal guardian to obtain consent to
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 1   provide further outpatient mental health services.
 2
 3        SECTION 2.   Arkansas Code Title 23, Chapter 99, Subchapter 4, is
 4   amended to add an additional section to read as follows:
 5        23-99-422.   Outpatient mental health services — Enrollee or dependent
 6   under age of majority.
 7        A health benefit plan shall not exclude coverage for outpatient mental
 8   health services under § 20-9-607 on the basis that the enrollee or dependent
 9   is under the age of majority in this state.
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