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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20170&cosponId=25235
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House of Representatives
Session of 2017 - 2018 Regular Session

MEMORANDUM

Posted: February 20, 2018 02:57 PM
From: Representative Jason Ortitay
To: All House members
Subject: Amending the Allowing Minors to Consent to Medical Care Act (Act 147 of 2004)
 
I plan to introduce legislation amending the Allowing Minors to Consent to Medical Care Act (Act 147 of 2004) requiring enforcement of the law and imposing a penalty.

In spite of an abundance of clarity in the existing law, confusion abounds among providers, minors, and parents regarding the rights of each party under the law. Current law provides that parents are permitted to consent for any mental health treatment their child may need. However, in practice throughout Pennsylvania, mental health service providers are allowing the minor child to consent or not as if they were the only authority.

My legislation will require the Department of Human Services to enforce the provisions of existing law which permit minor children to consent for their own treatment, but also allows their parents to consent on their behalf.

Under my legislation, any professional who fails to abide by the provisions set forth in the existing law, would be subject to a civil penalty for each offense. The penalties would increase over time as follows: for the first offense $1,000, second offense $2,500, and third offense $5,000.

Please consider joining me in co-sponsorship of this important legislation.



Introduced as HB2126