PRINTER'S NO. 1781
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1537
Session of
2023
INTRODUCED BY GLEIM, M. MACKENZIE, HAMM, KRUPA, KAUFFMAN,
SCIALABBA, KEEFER, FINK, T. JONES, M. JONES AND ZIMMERMAN,
JUNE 28, 2023
REFERRED TO COMMITTEE ON HEALTH, JUNE 28, 2023
AN ACT
Amending the act of February 13, 1970 (P.L.19, No.10), entitled
"An act enabling certain minors to consent to medical, dental
and health services, declaring consent unnecessary under
certain circumstances," further providing for mental health
treatment and for liability for rendering services; and
providing for applicability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1.1(a)(2), (4), (5) and (7) and 5 of the
act of February 13, 1970 (P.L.19, No.10), entitled "An act
enabling certain minors to consent to medical, dental and health
services, declaring consent unnecessary under certain
circumstances," are amended to read:
Section 1.1. Mental Health Treatment.--(a) The following
shall apply to consent for voluntary inpatient and outpatient
mental health treatment:
* * *
(2) A minor who is [fourteen] sixteen years of age or older
may consent on the minor's own behalf to voluntary inpatient
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mental health treatment as provided under Article II of the
"Mental Health Procedures Act" or outpatient mental health
treatment, and the minor's parent's or legal guardian's consent
shall not be necessary.
* * *
(4) A parent or legal guardian who has provided consent to
voluntary inpatient or outpatient mental health treatment under
paragraph (1) may revoke that consent, which revocation shall be
effective unless the minor who is [fourteen] sixteen to eighteen
years of age has provided consent for continued voluntary
inpatient or outpatient mental health treatment.
(5) A minor who is [fourteen] sixteen to eighteen years of
age who has provided consent to voluntary inpatient or
outpatient mental health treatment may revoke that consent,
which revocation shall be effective unless the parent or legal
guardian to the minor has provided for continued treatment under
paragraph (1).
* * *
(7) When a petition is filed on behalf of a minor [fourteen]
sixteen years of age or older and under eighteen years of age
who has been confined for inpatient treatment on the consent of
a parent or legal guardian and who objects to continued
inpatient treatment by requesting a withdrawal from or
modification of treatment, the court shall promptly appoint an
attorney for the minor and schedule a hearing to be held within
seventy-two hours following the filing of the petition, unless
continued upon the request of the attorney for the minor, by a
judge or mental health review officer who shall determine
whether or not the voluntary mental health treatment is in the
best interest of the minor. For inpatient treatment to continue
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against the minor's wishes, the court must find all of the
following by clear and convincing evidence:
(i) that the minor has a diagnosed mental disorder;
(ii) that the disorder is treatable;
(iii) that the disorder can be treated in the particular
facility where the treatment is taking place; and
(iv) that the proposed inpatient treatment setting
represents the least restrictive alternative that is medically
appropriate.
* * *
Section 5. Liability for Rendering Services.--[The] (a)
Except as provided under subsection (b), the consent of a minor
who professes to be, but is not a minor whose consent alone is
effective to medical, dental and health services shall be deemed
effective without the consent of the minor's parent or legal
guardian, if the physician or other person relied in good faith
upon the representations of the minor.
(b) If a physician or other person renders medical, dental
or health services or mental health treatment to a minor under
this act and the minor does not obtain the consent of a parent
or legal guardian, the physician or other person shall be liable
for the decisions of the minor.
Section 2. The act is amended by adding a section to read:
Section 6. Applicability.--(a) This act shall not apply to
a minor who has special needs.
(b) As used in this section, the term "special needs" means
significantly subaverage general intellectual functioning that
is accompanied by significant limitations in adaptive
functioning in at least two of the following skill areas:
communication, self-care, home living, social and interpersonal
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skills, use of community resources, self-direction, functional
academic skills, work, health and safety. The onset must occur
before the individual's twenty-second birthday.
Section 3. This act shall take effect in 60 days.
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