S3243

An Act concerning minors’ consent to certain medical care and amending P.L.1968, c.230.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1968, c.230 (C.9:17A-4) is amended to read as follows:

1. a. (1) The consent to the provision of medical [or], surgical, or forensic care or services by a hospital[,] or public clinic, or the performance of medical [or], surgical, or forensic care or services by a [physician, licensed to practice medicine] health care professional, when executed by a minor who is or believes that he may be afflicted with a venereal disease, or who is at least 13 years of age and is or believes that he may be infected with the human immunodeficiency virus or have acquired immune deficiency syndrome, or by a minor who, in the judgment of a treating [physician] health care professional, appears to have been sexually assaulted, shall be valid and binding as if the minor had achieved his or her majority[, as the case may be]. Any such consent shall not be subject to later disaffirmance by reason of minority. In the case of a minor who appears to have been sexually assaulted, the minor's parents or guardian shall be notified immediately, unless the attending [physician] health care professional believes that it is in the best interests of the patient not to do so; however, inability of the treating [physician] health care professional, hospital or clinic to locate or notify the parents or guardian shall not preclude the provision of any [necessary] emergency or urgent medical or surgical care to the minor or the performance of a forensic sexual assault examination on the minor.

(2) As used in this subsection, “health care professional” means a physician, nurse, or other health care professional whose professional practice is regulated pursuant to Title 45 of the Revised Statutes.

b. When a minor believes that he is suffering from the use of drugs or is a drug dependent person as defined in section 2 of P.L.1970, c.226 (C.24:21-2) or is suffering from alcohol dependency or is an alcoholic as defined in section 2 of P.L.1975, c.305 (C.26:2B-8), his consent to treatment under the supervision of a physician licensed to practice medicine, or an individual licensed or certified to provide treatment for alcoholism or in a facility licensed by the State to provide for the treatment of alcoholism shall be valid and binding as if the minor had achieved his or her majority, as the case may be. Any such consent shall not be subject to later disaffirmance by reason of minority. Treatment for drug use, drug abuse, alcohol use or alcohol abuse that is consented to by a minor shall be considered confidential information between the physician, the treatment provider or the treatment facility, as appropriate, and his patient, and neither the minor nor his physician, treatment provider or treatment facility, as appropriate, shall be required to report such treatment when it is the result of voluntary consent, except as may otherwise be required by law.

The consent of no other person or persons, including but not limited to a spouse, parent, custodian or guardian, shall be necessary in order to authorize such hospital, facility or clinical care or services or medical or surgical care or services to be provided by a physician licensed to practice medicine or by an individual licensed or certified to provide treatment for alcoholism to such a minor.

(cf: P.L.2005, c.342, s.1)

2. This act shall take effect immediately.

STATEMENT

Pursuant to the Statewide Sexual Assault Nurse Examiner (“SANE”) program established by P.L.2001, c.81 (C.52:4B-50 et seq.), specially trained nurse examiners collect forensic evidence from sexual assault victims for use in prosecutions. However, due to the provisions of another statute that pre-dates the “SANE” law, P.L.1968, c.230 (C.9:17A-4), a minor who is a sexual assault victim may not be allowed an immediate “SANE” examination upon arriving at a hospital emergency room if the minor’s parents or guardian cannot be reached and a physician is not immediately available to authorize the examination. Under P.L.1968, c.230 (C.9:17A-4), a minor can give consent to “medical or surgical care or services” without parental consent if, in the judgment of a treating physician, the minor appears to have been sexually assaulted. The result is that forensic examinations have been delayed for hours as the victim, the sexual assault nurse examiner, and the police officer wait for a physician’s authorization.

This bill would allow other health care professionals, in addition to physicians, to authorize forensic sexual assault examinations and other medical care if a minor appears to have been sexually assaulted, regardless of whether the minor’s parents or guardian have given consent.

The bill also provides that such a minor may undergo a forensic sexual assault examination without parental consent.

P.L.1968, c.230 (C.9:17A-4) also provides that when a minor appears to have been sexually assaulted, the minor’s parents or guardian shall be notified immediately, unless the attending physician believes that it is in the best interests of the patient not to do so. The statute provides that the inability of the treating physician, hospital or clinic to locate or notify the parents or guardian shall not preclude the provision of any necessary emergency medical or surgical care. This bill would substitute the term “health care professional” for “physician” in these provisions of the statute as well.

The bill defines “health care professional” as a physician, nurse, or other health care professional whose professional practice is regulated pursuant to Title 45 of the Revised Statutes.

In addition, the bill changes the wording of the statutory provision that allows a minor who appears to have been sexually assaulted to receive emergency care without parental consent. Currently, such a minor may receive “necessary emergency medical or surgical care.” Under the bill, the minor would be entitled to “any emergency or urgent medical or surgical care.”

Finally, the bill makes several technical changes to clarify language in the statute.