SENATE BILL 41
J1 1lr0727
HB 782/20 – HGO (PRE–FILED) CF HB 132
By: Senator Augustine
Requested: September 24, 2020
Introduced and read first time: January 13, 2021
Assigned to: Finance
A BILL ENTITLED
1 AN ACT concerning
2 Health – Mental and Emotional Disorders – Consent
3 (Mental Health Access Initiative)
4 FOR the purpose of altering the minimum age at which a minor has the same capacity as
5 an adult to consent to consultation, diagnosis, and certain treatment of a mental or
6 emotional disorder by a health care provider or clinic; providing that a health care
7 provider may decide to provide certain information to a certain parent, guardian, or
8 custodian under certain provisions of law unless the health care provider believes
9 that the disclosure will lead to harm to the minor or deter the minor from seeking
10 care; and generally relating to the consultation, diagnosis, and treatment of mental
11 and emotional disorders and consent by minors.
12 BY repealing and reenacting, with amendments,
13 Article – Health – General
14 Section 20–104
15 Annotated Code of Maryland
16 (2019 Replacement Volume and 2020 Supplement)
17 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
18 That the Laws of Maryland read as follows:
19 Article – Health – General
20 20–104.
21 (a) In this section, “health care provider” means an individual who is:
22 (1) Licensed under the Health Occupations Article; and
23 (2) Acting within the scope of the individual’s license to diagnose and treat
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0041*
2 SENATE BILL 41
1 mental and emotional disorders.
2 (b) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, A minor
3 who is [16] 12 years old or older WHO IS DETERMINED BY A HEALTH CARE PROVIDER
4 TO BE MATURE AND CAPABLE OF GIVING INFORMED CONSENT has the same capacity
5 as an adult to consent to consultation, diagnosis, and treatment of a mental or emotional
6 disorder by [a] THE health care provider or a clinic.
7 (2) The capacity of a minor to consent to consultation, diagnosis, and
8 treatment of a mental or emotional disorder by a health care provider or a clinic under
9 paragraph (1) of this subsection does not include the capacity to [refuse]:
10 (I) REFUSE consultation, diagnosis, or treatment for a mental or
11 emotional disorder for which a parent, guardian, or custodian of the minor has given
12 consent; OR
13 (II)
EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE, IF
14 THE MINOR IS UNDER THE AGE OF 16 YEARS, CONSENT TO THE USE OF
15 PRESCRIPTION MEDICATIONS TO TREAT A MENTAL OR EMOTIONAL DISORDER.
16 (c) (1) Except as provided in paragraph (2) of this subsection AND SUBJECT
17 TO PARAGRAPH (3) OF THIS SUBSECTION, without the consent of or over the express
18 objection of a minor, the health care provider or, on advice or direction of the health care
19 provider, a member of the medical staff of a hospital or public clinic may, but need not, give
20 a parent, guardian, or custodian of the minor or the spouse of the parent information about
21 treatment needed by the minor or provided to the minor under this section.
22 (2) [If] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, IF a health
23 care provider is on a treatment team for a minor that is headed by a physician, the
24 physician heading the treatment team shall decide whether a parent, guardian, or
25 custodian of the minor or the spouse of the parent should receive information about
26 treatment needed by the minor or provided to the minor under this section.
27 (3) A
HEALTH CARE PROVIDER MAY DECIDE TO PROVIDE
28 INFORMATION TO A PARENT, GUARDIAN, OR CUSTODIAN OF A MINOR UNDER
29 PARAGRAPHS (1) AND (2) OF THIS SUBSECTION UNLESS THE HEALTH CARE
30 PROVIDER BELIEVES THAT THE DISCLOSURE WILL LEAD TO HARM TO THE MINOR OR
31 DETER THE MINOR FROM SEEKING CARE.
32 (d) Unless the parent, guardian, or custodian of a minor consents to consultation,
33 diagnosis, or treatment of the minor, the parent, guardian, or custodian is not liable for any
34 costs of the consultation, diagnosis, or treatment of the minor under this section.
35 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
36 October 1, 2021.
SENATE BILL 41 3