Pennsylvania HB 110: An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, in Independent Fiscal Office, further providing for revenue estimates.

Bill Text

PRINTER'S NO. 88
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 110
Session of
2025
INTRODUCED BY BOROWICZ, KAUFFMAN, M. BROWN, M. MACKENZIE, KRUPA,
HAMM, LEADBETER, STAATS, SCIALABBA, KUZMA, WATRO, TWARDZIK,
SMITH, BERNSTINE, ZIMMERMAN AND BARGER, JANUARY 14, 2025
REFERRED TO COMMITTEE ON HEALTH, JANUARY 14, 2025
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 individual
consent, for mental health treatment and for release of
medical records; and providing for parent or legal guardian
access to medical records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1, 1.1(a)(2), (3), (4), (5) and (7)
introductory paragraph and 1.2(d) 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. Individual Consent.--Any minor who is eighteen
years of age or older[, or has graduated from high school, or
has married, or has been pregnant,] may give effective consent
to medical, dental and health services for himself or herself,
and the consent of no other person shall be necessary.
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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] eighteen years of age or older
may consent on the minor's own behalf to voluntary inpatient
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.
(3) A minor or another parent or legal guardian may not
abrogate consent provided by a parent or legal guardian on the
minor's behalf to voluntary inpatient or outpatient mental
health treatment under paragraph (1), nor may a parent or legal
guardian abrogate consent given by the minor on the minor's own
behalf to voluntary inpatient or outpatient mental health
treatment under paragraph (2).
(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 to] eighteen years
of age or older has provided consent for continued voluntary
inpatient or outpatient mental health treatment.
(5) A minor who is [fourteen to] eighteen years of age or
older 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)].
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(7) When a petition is filed on behalf of a minor [fourteen
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 against the minor's
wishes, the court must find all of the following by clear and
convincing evidence:
* * *
Section 1.2. Release of Medical Records.--* * *
(d) Except to the extent provided under subsection (a), (b)
or (c) or section 1.3, the minor shall control the release of
the minor's mental health treatment records and information to
the extent allowed by law. When a minor has provided consent to
outpatient mental health treatment under section 1.1, subject to
subsection (a)(2), the minor shall control the records of
treatment to the same extent as the minor would control the
records of inpatient care or involuntary outpatient care under
the act of July 9, 1976 (P.L.817, No.143), known as the "Mental
Health Procedures Act," and its regulations.
* * *
Section 2. The act is amended by adding a section to read:
Section 1.3. Parent or Legal Guardian Access to Medical
Records.--A parent or legal guardian of a minor under eighteen
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years of age shall have full access to the minor's medical,
dental or health services or mental