The bill amends the Code of West Virginia to enhance the legal framework surrounding minors' consent to medical services. It allows minors aged 16 and older to 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 provided. However, this notice requirement can be waived under specific circumstances, such as if the minor is emancipated, married, or if a court order exists that limits parental involvement in medical decisions. The bill also removes the definition of "mature minor" and eliminates the ability for mature minors to independently consent to do-not-resuscitate orders.
Additionally, the bill introduces a new section, 16-30-26, detailing the conditions under which minors can consent to health services and the associated notice requirements for parents or guardians. It clarifies that parental consent is necessary for do-not-resuscitate orders, while removing the previous provision allowing mature minors to consent independently. The bill also strengthens confidentiality protections for patients and research subjects in addiction treatment, ensuring that practitioners and mental health organizations are not compelled to disclose identities to licensing authorities. Furthermore, it permits licensed physicians to treat minors aged 16 and older for addiction without parental consent, provided that actual notice is given to the parent or guardian, and protects healthcare providers from civil or criminal liability, 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