This bill amends several 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 requirement that their healthcare provider gives actual notice to a parent or guardian. This notice requirement can be waived under specific circumstances, such as if the minor is emancipated, married, or if there is a court order preventing parental involvement. 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, it clarifies that a parent can consent to a do-not-resuscitate order for their minor child, while deleting the previous provision that allowed minors aged 16 to 18 to consent to such orders without parental approval.

Moreover, the bill enhances confidentiality protections for patients and research subjects in addiction treatment, stating that practitioners are not required to disclose identities to regulatory bodies. It allows licensed physicians or medically trained individuals to examine, diagnose, and treat minors aged 16 and older for addiction without needing parental consent, provided that the healthcare provider gives actual notice to the minor's parent or guardian. This notice requirement can also be waived under certain conditions. The bill ensures that healthcare providers are protected from civil or criminal liability 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