HB 83
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.
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Sign in to take action- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill amends existing law to expand the ability of minors, specifically those aged 16 and 17, to consent to mental health treatment without parental consent. It clarifies procedures for involuntary treatment when a minor objects, requiring a court hearing and demonstrating the treatment’s necessity and least restrictive nature. The bill also modifies liability rules, stating that a physician rendering services to a minor who claims to be a minor can rely on the minor’s representations, and the physician is liable for the minor’s decisions. Finally, it excludes minors with special needs from the provisions of the act.
Key provisions
- Minors aged 16 and 17 can consent to voluntary inpatient and outpatient mental health treatment without parental consent.
- Clarifies procedures for involuntary mental health treatment when a minor objects.
- Establishes criteria for court approval of continued involuntary treatment, including demonstrating the treatment’s necessity and least restrictive nature.
- Modifies liability rules, stating physicians can rely on a minor’s representations.
- Excludes minors with special needs (defined as significantly subaverage intellectual functioning and limitations in adaptive functioning) from the act’s provisions.
Who is affected
- Minors (ages 16-18)
- Parents/Legal Guardians
- Mental Health Professionals
- Judges
- Mental Health Review Officers
Notable changes
- Expands the age range of minors who can consent to mental health treatment without parental consent.
Sponsors
Official sponsors from legislative records.
Primary sponsor
Barbara Gleim
Cosponsors
Joseph D'Orsie
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