SB0226: SUMMARY OF INTRODUCED BILL IN COMMITTEE (Date Completed: 4-28-21) - MEDICAL TREATMENT OF MINOR

MEDICAL TREATMENT OF MINOR                                                                                                                     S.B. 226 & 227:

                                                                                                                                                                SUMMARY OF INTRODUCED BILL

                                                                                                                                                                                                                IN COMMITTEE

 

 

 

 

 

 

 

Senate Bills 226 and 227 (as introduced 3-10-21)

Sponsor:   Senator Lana Theis (S.B. 226)

                            Senator Ruth Johnson (S.B. 227)

Committee:   Judiciary and Public Safety

 

Date Completed:   4-28-21

 


CONTENT

 

Senate Bill 226 would amend the Public Health Code to do the following:

 

 --     Prohibit a licensee or registrant from performing on a patient who was a minor a medical treatment, procedure, or examination that involved vaginal or anal penetration unless it was within the scope of the licensee's or registrant's practice, a medical assistant or another licensee was present in the room, and the minor's parent or guardian gave his or her consent.

 --     Specify circumstances under which the prohibition would not apply, such as the treatment or procedure was necessary and associated with a medical emergency.

 --     Prescribe felony penalties for a violation.

 --     Require the Department of Licensing and Regulatory Affairs (LARA) to create a standardized consent form to be used by a licensee or registrant who provided to a minor patient a medical treatment, procedure, or examination that involved vaginal or anal penetration.

 --     Require LARA to make the form publicly available on its website.

 

Senate Bill 227 would amend the sentencing guidelines in the Code of Criminal Procedure to include the felonies proposed by Senate Bill 226.

 

Senate Bill 227 is tie-barred to Senate Bill 226. Each bill would take effect 90 days after its enactment.

 

Senate Bill 226

 

Medical Treatment of Minor Involving Vaginal or Anal Penetration; Prohibition

 

Except as otherwise provided, the bill would prohibit a licensee or registrant from performing on a patient who was a minor a medical treatment, procedure, or examination that involved the vaginal or anal penetration of the minor unless all of the following were met:

 

 --       The medical treatment, procedure, or examination was within the licensee's or registrant's scope of practice for his or her health profession.

 --       A medical assistant or another licensee or registrant was in the room while the medical treatment, procedure, or examination was performed.

 --       Before performing the treatment, procedure, or examination, the licensee or registrant obtained the written consent of a parent, guardian, or person in loco parentis of the minor or the consent of any person who was authorized to provide it, on a form created under the bill or another form that included the same information.

The written consent could be obtained through electronic means, and the person providing consent could waive the requirement for the presence of a medical assistant or another