Missouri HB 2342: Modifies provisions relating to mental health care for minors

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 2342
101ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DERGES.
5017H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal section 431.061, RSMo, and to enact in lieu thereof two new sections relating to
mental health care for minors.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 431.061, RSMo, is repealed and two new sections enacted in lieu
2 thereof, to be known as sections 191.945 and 431.061, to read as follows:
191.945. 1. For purposes of this section, the following terms mean:
2 (1) "Designated individual", a school staff person, medical staff person, or
3 mental health staff person;
4 (2) "Medical staff person", a physician, assistant physician, nurse practitioner,
5 registered nurse, or physician assistant;
6 (3) "Mental health staff person", a psychiatrist, psychologist, professional
7 counselor, or social worker;
8 (4) "Minor", a person under eighteen years of age;
9 (5) "School staff person", a principal, teacher, school counselor, school security
10 officer, or school nurse.
11 2. If a minor contacts a designated individual seeking mental health care, the
12 designated individual shall immediately evaluate the minor to determine whether the
13 minor presents an imminent danger to himself or herself or others. The designated
14 individual shall provide appropriate care or treatment or refer the minor for
15 appropriate care or treatment.
16 3. If a minor consents to mental health counseling or treatment for himself or
17 herselfundertheprovisionsofparagraph(d)ofsubdivision(4)ofsubsection1ofsection
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

18 431.061, all records of such counseling or treatment, including any referrals, shall be
19 confidentialandshall not besharedwith anyparentor guardianoftheminorunless the
20 minorconsentstothedisclosureor presentsan imminentdanger tohimselforherselfor
21 others. The minor's parent or guardian shall not prohibit or interfere with any such
22 referral,counseling,ortreatmentprovidedtotheminorunlesstheminorconsentstothe
23 involvement or presents an imminent danger to himself or herself or others.
431.061. 1. In addition to such other persons as may be so authorized and
2 empowered, any one of the following persons if otherwise competent to contract, is
3 authorized and empowered to consent, either orally or otherwise, to any surgical, medical, or
4 other treatment or procedures, including immunizations, not prohibited by law:
5 (1) Any adult eighteen years of age or older for himself or herself;
6 (2) Any parent for his or her minor child in his or her legal custody;
7 (3) Any minor who has been lawfully married and any minor parent or legal
8 custodian of a child for himself or herself, his or her child and any child in his or her legal
9 custody;
10 (4) Any minor for himself or herself in case of:
11 (a) Pregnancy, but excluding abortions;
12 (b) Venereal disease;
13 (c) Drug or substance abuse including those referred to in chapter 195; or
14 (d) Mental health counseling or treatment provided by a designated individual,
15 as defined in section 191.945;
16 (5) Any adult standing in loco parentis, whether serving formally or not, for his or
17 her minor charge in case of emergency as defined in section 431.063;
18 (6) Any guardian of the person for his or her ward;
19 (7) Any relative caregiver of a minor child as provided for under section 431.058.
20 2. Theprovisionsofsections431.061and431.063shallbeliberallyconstrued,andall
21 relationships set forth in subsection 1 of this section shall include the adoptive and step-
22 relationshipaswellasthenaturalrelationshipandtherelationshipbythehalfbloodaswellas
23 by the whole blood.
24 3. A consent by one person so authorized and empowered shall be sufficient
25 notwithstanding that there are other persons so authorized and empowered or that such other
26 persons shall refuse or decline to consent or shall protest against the proposed surgical,
27 medical or other treatment or procedures.
28 4. Any person acting in good faith and not having been put on notice to the contrary
29 shall be justified in relying on the representations of any person purporting to give such
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30 consent, including, but not limited to, his or her identity, his or her age, his or her marital
31 status, and his or her relationship to any other person for whom the consent is purportedly
32 given.
✔
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