PRIOR PRINTER'S NO. 457 PRINTER'S NO. 1105
No. 405 Session of 1999
INTRODUCED BY MOWERY, MURPHY, TOMLINSON, BRIGHTBILL, KUKOVICH,
BELL, SCHWARTZ, MUSTO, COSTA, STOUT, EARLL, WHITE, WAGNER,
WOZNIAK, CORMAN, WAUGH, THOMPSON, MELLOW, SLOCUM,
TARTAGLIONE, LEMMOND, HUGHES AND BODACK, FEBRUARY 23, 1999
SENATOR MOWERY, PUBLIC HEALTH AND WELFARE, AS AMENDED,
MAY 11, 1999
AN ACT
1 Providing a mechanism for parents to confer upon other persons
2 the power to consent to medical and mental health care of
3 their children; and regulating procedure.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Medical
8 Consent Act.
9 Section 2. Legislative intent.
10 It is the intent of the General Assembly to provide a
11 mechanism similar to a power of attorney whereby parents may
12 confer the power to consent to medical and mental health
13 treatment of their children upon a relative or family friend in
14 order to enable those who are temporarily unable to care for the
15 needs of their children to ensure that the medical and mental
16 health needs of the children are met without terminating or
17 limiting in any way the legal rights of the parents.
1 Section 3. Medical and mental health care consent.
2 (a) General rule.--A parent, legal guardian or legal
3 custodian of a minor may confer upon an adult person the power
4 to consent to medical, surgical, dental, developmental, mental
5 health or other treatment to be rendered to the minor under the
6 supervision of or upon the advice of a physician, nurse, school
7 nurse, dentist, mental health or other health care professional
8 licensed to practice in this Commonwealth and to obtain any and
9 all records with regard to the health care services AND <--
10 INSURANCE, unless the minor is in the custody of a county child
11 and youth agency or there is currently in effect a prior order
12 of a court in any jurisdiction which would prohibit the parent,
13 legal guardian or legal custodian from exercising the power that
14 the parent, legal guardian or legal custodian seeks to confer.
15 WHEN A PARENT'S RIGHTS HAVE NOT BEEN TERMINATED OR VOLUNTARILY <--
16 RELINQUISHED, NOTHING IN THIS SUBSECTION SHALL DIVEST A PARENT
17 OF THE POWER TO CONSENT TO HIS CHILDREN'S MEDICAL OR MENTAL
18 HEALTH TREATMENT. The authorization may also include the right
19 to act as the minor's legal representative for the purposes of
20 receiving informational materials regarding vaccines under
21 section 2126 of the Public Health Service Act (58 Stat. 682, 42
22 U.S.C. § 300aa-26).
23 (b) Rights of minors.--The provisions of subsection (a) may
24 not be utilized by a parent, legal guardian or legal custodian
25 to confer upon an adult person the power to consent to treatment
26 or to obtain medical or mental health records, OR INSURANCE <--
27 RECORDS RELATING TO EITHER OR BOTH, if the power to consent to
28 treatment or to obtain medical or mental health records has been
29 assigned by Federal or State law to the minor.
30 (c) Form of authorization.--
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1 (1) Authorization to consent to medical or mental health
2 treatment of a minor may be conveyed by any written form
3 containing the name of the person upon whom the power is
4 conferred, the name and date of birth of each minor with
5 respect to whom the power is conferred, a statement by the
6 person conferring the power that there are no court orders
7 presently in effect that would prohibit the person from
8 conferring the power and a description of the medical or <--
9 mental health examination or treatment as to CATEGORIES FOR <--
10 WHICH POWER IS BEING CONFERRED, INCLUDING MEDICAL, SURGICAL,
11 DENTAL, DEVELOPMENTAL, MENTAL HEALTH OR OTHER TREATMENT OR A
12 DESCRIPTION OF THE SPECIFIC TREATMENT FOR which power is
13 being conferred. The authorization shall be signed by the
14 parent, legal guardian or legal custodian in the presence of
15 and along with the contemporaneous signatures of two
16 witnesses who are at least 18 years of age. The person upon
17 whom the power to consent to medical or mental health
18 treatment is being conferred may not serve as one of the
19 witnesses. THE ADULT PERSON UPON WHOM THE POWER TO CONSENT TO <--
20 MEDICAL OR MENTAL HEALTH TREATMENT IS CONFERRED SHALL ALSO
21 SIGN THE AUTHORIZATION. If for any physical reason the person
22 executing the authorization is unable to sign, the person
23 executing the authorization may make a mark to which that
24 person's name shall be subscribed immediately thereafter.
25 (2) The authorization may be substantially in the
26 following form, except that the use of alternative language
27 shall not be precluded:
28 MEDICAL CONSENT AUTHORIZATION
29 ( ) I (name ) am the parent of the child(ren)
30 listed below and there are no court orders now in effect
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1 that would prohibit me from conferring the power to
2 consent upon another person.
3 ( ) I (name ) am the legal guardian or legal
4 custodian of the child(ren) by court order (copy
5 attached, if available) and there are no other court
6 orders in effect that would prohibit me from conferring
7 the power to consent upon another person.
8 I, , do hereby confer upon ,
9 residing at the power to consent to
10 necessary medical or mental health treatment for the
11 following child(ren): , residing at
12 , born on , and on the
13 child(ren)'s behalf do hereby state that the power to
14 consent which I confer shall not be affected by my
15 subsequent disability or incapacity.
16 The power which I confer is specifically limited to
17 health care and mental health care decision making, and
18 it may be exercised only by the person named above.
19 The person named above may consent to the
20 child(ren)'s (cross out all that do not apply): medical,
21 dental, surgical, developmental, and/or mental health
22 examination or treatment, and may have access to any and
23 all records, INCLUDING, BUT NOT LIMITED TO, INSURANCE <--
24 RECORDS regarding any such services.
25 I confer the power to consent freely and knowingly in
26 order to provide for the child(ren) and not as a result
27 of pressure, threats or payments by any person or agency.
28 This document shall remain in effect until it is revoked
29 by notifying my child(ren)'s medical and, mental health <--
30 care providers, AND INSURANCE PROVIDERS, IN WRITING, and <--
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1 the person named above that I wish to revoke it.
2 In witness whereof, I, , have signed
3 my name to this medical consent authorization, consisting
4 of two (2) pages on this day of , , in
5 , Pennsylvania.
6 (Printed Name)
7 (Signature)
8 (Witness Signature)
9 (Witness No.1 printed Name and Address)
10 (Witness Signature)
11 (Witness No.2 printed Name and Address)
12 (SIGNATURE OF ADULT PERSON WHO IS BEING GIVEN POWER <--
13 TO CONSENT)
14 (d) Use by health care provider.--An authorization described
15 in subsection (a) which is consistent with the requirements of
16 subsection (c)(1) shall be honored by all physicians, nurses,
17 school nurses, mental health professionals, dentists, other
18 health care professionals, hospitals, medical facilities and, <--
19 mental health facilities, AND INSURANCE PROVIDERS. <--
20 Notwithstanding the provisions of subsection (f), the existence
21 of a written document conveying powers as described in
22 subsection (a) which is consistent with the requirements of
23 subsection (c)(1) creates a presumption that the power has been
24 lawfully conferred.
25 (e) Revocation.--Powers conferred under this section are
26 revocable at the will and effective upon conveying the duly <--
27 executed authorization to the person upon whom the power is
28 being conferred and to health care providers NOTIFYING ALL <--
29 PARTIES OF INTEREST. Death of a person who has previously
30 executed a medical consent authorization constitutes revocation
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1 of the authorization, except that action taken without actual
2 knowledge of the death in good faith reliance upon the
3 authorization shall be permitted. Unless otherwise indicated on
4 the authorization, disability or incapacity of the person
5 executing the authorization does not constitute revocation of
6 the authorization.
7 (f) Liability.--A person, CONTRACTHOLDER, GROUP HEALTH CARE <--
8 PROVIDER, MENTAL HEALTH CARE PROVIDER, HEALTH CARE FACILITY,
9 MENTAL HEALTH CARE FACILITY AND INSURER who acts in good faith
10 reliance on medical consent authorization shall not incur civil
11 or criminal liability or be subject to professional disciplinary
12 action for treating a minor without legal consent, except that
13 nothing in this section shall relieve an individual from
14 liability for violations of other provisions of law.
15 (g) Family reunification services.--This section shall not
16 be construed to provide a substitute for family reunification
17 services under 23 Pa.C.S. Ch. 63 (relating to child protective
18 services). The execution of an authorization pursuant to
19 subsection (a) shall not be binding in future custody or
20 dependency proceedings. Regardless of the execution of a medical
21 consent authorization, future custody or dependency
22 determinations shall be based on the prevailing legal standard.
23 (H) DETERMINATION OF INSURANCE COVERAGE.--AN INSURER SHALL <--
24 DETERMINE WHETHER TO ADD A CHILD TO THE INSURANCE COVERAGE OF A
25 PERSON WHO HAS BEEN AUTHORIZED TO CONSENT TO TREATMENT OF THAT
26 CHILD UNDER THIS SECTION. NO PROVISION OF THIS SECTION MAY BE
27 CONSTRUED TO COMPEL AN INSURER TO PROVIDE SUCH COVERAGE.
28 Section 4. Effective date.
29 This act shall take effect in 60 90 days. <--
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