This bill amends various sections of the Code of West Virginia to update the legal framework regarding minors' consent to medical services. It establishes that minors aged 16 and older can consent to general health services, sexually transmitted disease care, and addiction treatment for alcohol and controlled substances, with the stipulation that their parent or guardian receives actual notice of the services rendered. However, this notice requirement can be waived under specific conditions, such as court orders preventing parental involvement, emancipation of the minor, or allegations of child abuse against the parent. The bill also removes the definition of "mature minor" and eliminates the ability for a mature minor to independently consent to a do-not-resuscitate order.
Additionally, the bill modifies the definitions within the West Virginia Health Care Decisions Act, clarifying the roles of health care providers and decision-makers concerning minors' health care. It specifies that results and evidence from the bureau can be used by the state Board of Pharmacy in its regulatory functions, while ensuring the confidentiality of individuals seeking treatment for substance use disorders. Licensed physicians or medically trained individuals are permitted to examine and treat minors aged 16 and older for addiction without needing parental consent, provided that actual notice is given to the minor's parent or guardian. The bill also limits the liability of healthcare providers in these situations, except in cases of negligence or willful injury.
Statutes affected: Introduced Version: 16-4-10, 16-30-3, 16-30C-6, 60-6-23, 60A-5-504, 16-30-26
Committee Substitute: 16-4-10, 16-30-3, 16-30C-6, 60-6-23, 60A-5-504, 16-30-26