S193

An Act concerning the telephone number for mental health and suicide crisis resources and 9-8-8 crisis hotline centers, amending P.L.1968, c.230, and supplementing Chapter 9A of Title 30 of the Revised Statutes.

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

1. (New section) The Legislature finds and declares:

a. Suicide is the second leading cause of death among adolescents and young adults in New Jersey, and the State faces a growing youth mental health crisis that has been further exacerbated by social, academic, and public health stressors.

b. P.L.2022, c.35 (26:2MM-5 et al) established the Statewide behavioral health crisis system of care including “9-8-8 crisis hotline centers” or “hotline centers,” State identified and funded centers participating in the National Suicide Prevention Lifeline Network to respond to Statewide or regional 9-8-8 calls.

c. With the establishment of the Statewide 9-8-8 hotline center, calls, texts, or chat messages received by The New Jersey Suicide Hopeline, formerly operated in partnership with Rutgers University Behavioral Health Care and the Department of Human Services, are now connected to the 9-8-8 hotline, allowing operators of the former hopeline to continue to provide immediate, compassionate, and confidential support to youth in crisis and play a critical role in preventing suicide across the State.

d. Current law allows minors aged 16 years and older to consent to certain behavioral health and substance use disorder services, but does not expressly permit follow-up communication from a suicide prevention hotline, even when the minor has been identified as high risk following an initial call for help.

e. Allowing a follow-up call, text, or chat message from a trained operator, with the minor’s voluntary consent and without requiring parental authorization, is a narrowly tailored response that ensures access to continued support during moments of acute vulnerability.

f. A follow-up call, text, or chat message conducted pursuant to P.L. c. (C. ) (pending before the Legislature as this bill) shall be understood as brief, supportive communication solely for suicide prevention purposes and is not intended to constitute behavioral health treatment, diagnosis, or clinical care.

2. 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 care or services or a forensic sexual assault examination by a hospital or public clinic, or consent to the performance of medical or surgical care or services or a forensic sexual assault examination by a health care professional, when executed by a minor who is or believes that he or she may have a sexually transmitted infection, or who is at least 13 years of age and is or believes that he or she may be infected with the human immunodeficiency virus or have acquired immune deficiency syndrome, or by a minor who, in the judgment of the treating health care professional, appears to have been sexually assaulted, shall be valid and binding as if the minor had achieved the age of majority. 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 treating healthcare professional believes that it is in the best interests of the patient not to do so. Inability of the treating health care professional, hospital, or clinic to locate or notify the parents or guardian shall not preclude the provision of any emergency or 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, physician assistant, 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 or she is adversely affected by a substance use disorder involving drugs or is a person with a substance use disorder involving drugs as defined in section 2 of P.L.1970, c.226 (C.24:21-2) or is adversely affected by an alcohol use disorder or is a person with an alcohol use disorder as defined in section 2 of P.L.1975, c.305 (C.26:2B-8), the minor's consent to treatment under the supervision of a physician licensed to practice medicine, or an individual licensed or certified to provide treatment for an alcohol use disorder, or in a facility licensed by the State to provide for the treatment of an alcohol use disorder, shall be valid and binding as if the minor had achieved the age of majority.

Any such consent shall not be subject to later disaffirmance by reason of minority. Treatment for an alcohol use disorder or a substance use disorder involving drugs 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 the patient, and neither the minor nor the minor's 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.

When a minor who is [sixteen] 16 years of age or older believes that he or she is in need of behavioral health care services for the treatment of mental illness or emotional disorders, the minor's consent to temporary outpatient treatment, excluding the use or administration of medication, under the supervision of a physician licensed to practice medicine, an advanced practice nurse, or an individual licensed to provide professional counseling under Title 45 of the Revised Statutes, including, but not limited to, a psychiatrist, licensed practicing psychologist, certified social worker, licensed clinical social worker, licensed social worker, licensed marriage and family therapist, certified psychoanalyst, or licensed psychologist, or in an outpatient health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), shall be valid and binding as if the minor had achieved the age of majority.

Any such consent shall not be subject to later disaffirmance by reason of minority. Treatment for behavioral health care services for mental illness or emotional disorders that is consented to by a minor shall be considered confidential information between the physician, the individual licensed to provide professional counseling, the advanced practice nurse, or the health care facility, as appropriate, and the [patient] minor, and neither the minor nor the minor's physician, professional counselor, nurse, or outpatient health care facility, as appropriate, shall be required to report such treatment when it is the result of voluntary consent.

When a minor who reports being 16 years of age or older believes that the minor is in need of behavioral health care services for the treatment of mental illness or emotional disorders and places a telephone call or other communication to, or when a call or other communication from another hotline placed by the minor is routed to or received by, operators of the telephone number for mental health and suicide crisis resources, as determined by the Commissioner of Human Services, or a 9-8-8 crisis hotline center for counseling and support, that minor shall be allowed to receive a follow-up call, text, or chat message from an operator of the telephone number for mental health and suicide crisis resources or a 9-8-8 crisis hotline center in response to the minor’s original call or other communication without parental consent or authorization in accordance with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

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 a minor to receive such hospital services, facility, or clinical care or services, medical or surgical care or services, or counseling services from a physician licensed to practice medicine, an individual licensed or certified to provide treatment for an alcohol use disorder, an advanced practice nurse, or an individual licensed to provide professional counseling under Title 45 of the Revised Statutes, or for the minor to receive a follow-up telephone call, text, or chat message,from an operator of thetelephone number for mental health and suicide crisis resources or the 9-8-8 Crisis Hotline Center pursuant to P.L. c. (C. ) (pending before the Legislature as this bill), as appropriate, except that behavioral health care services for the treatment of mental illness or emotional disorders shall be limited to temporary outpatient services only.

(cf: P.L.2017, c.131, s.7)

3. (New section) An operator of the telephone number for mental health and suicide crisis resources, as determined by the Commissioner of Human Services, or a 9-8-8 crisis hotline centerwho receives and responds to a telephone call from a minor who is 16 years of age or older for counseling and support and whom the operator identifies as being at a high risk of committing suicide shall be permitted to place follow-up calls, texts, or chat messages to the minor, as appropriate, without the necessity of obtaining parental consent or authorization pursuant to subsection b. of section 1 of P.L.1968, c.238 (C.9:17A-4). A follow-up call, text, or chat message authorized pursuant to this section shall not constitute behavioral health treatment, diagnosis, or clinical care. The call, text, or chat message shall be considered brief supportive communication solely for suicide prevention purposes.

4. This act shall take effect immediately.

STATEMENT

This bill amends section 1 of P.L.1968, c.230 (C.9:17A-4) to stipulate that a minor who reports being 16 years of age or older, believes that the minor is in need of behavioral health care services for the treatment of mental illness or emotional disorders, and places a telephone call or other communication to, or is transferred from another hotline to, an operator of the telephone number for mental health and suicide crisis resources, as determined by the Commissioner of Human Services, or a 9-8-8 crisis hotline center for counseling and support is allowed to receive a follow-up call, text, or chat message from an operator of the telephone number for mental health and suicide crisis resources or a 9-8-8 crisis hotline center in response to the minor’s original call or other communication without the minor’s consent, or parental consent or authorization in accordance with the provisions of this bill.

Presently, minors can consent to certain types of temporary, outpatient, behavioral health, and substance use disorder treatment services. Current law does not allow minors to receive follow-up calls, texts, or chat messages from the operators of suicide hotlines, including the telephone number for mental health and suicide crisis resources, as determined by the Commissioner of Human Services, or a 9-8-8 crisis hotline center without parental consent.

The bill also amends section 1 of P.L.1968, c.230 (C.9:17A-4) to mandate that a follow-up call, text, or chat message authorized pursuant to this bill would be solely for suicide prevention purposes and would not be considered behavioral health treatment, diagnosis, or clinical care.