HOUSE OF REPRESENTATIVES

H.B. NO.

1783

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to youth.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to part XV to be appropriately designated and to read as follows:

"321-   Consent by minors for mental health services. (a) Notwithstanding any other law to the contrary, a minor who is twelve years of age or older may consent to mental health treatment or counseling services if, in the opinion of the attending professional person, the minor is mature enough to participate intelligently in the mental health treatment or counseling services.

(b) Notwithstanding any other law to the contrary, the mental health treatment or counseling of a minor authorized by this section shall include involvement of the minor's parent or guardian, unless the professional person who is treating or counseling the minor, after consulting with the minor, determines that the involvement would be inappropriate or counterproductive to the minor's treatment or counseling. The professional person treating or counseling the minor shall state in the client record whether and when the person attempted to contact the minor's parent or guardian, and whether the attempt to contact was successful or unsuccessful, or the reason why, in the professional person's opinion, it would be inappropriate to contact the minor's parent or guardian.

(c) The minor's parent or guardian shall not be liable for payment for mental health treatment or counseling services provided pursuant to this section unless the parent or guardian participates in the mental health treatment or counseling, and then only for services rendered with the participation of the parent or guardian.

(d) As used in this section:

"Mental health treatment or counseling services" means the provision of outpatient mental health treatment or counseling by a professional person.

"Professional person" means any of the following:

(1) A person designated as a licensed mental health counselor pursuant to section 453D-1;

(2) A person designated as a licensed marriage and family therapist pursuant to 451J-1;

(3) A clinical social worker licensed pursuant to chapter 467E;

(4) A person licensed in the practice of psychology pursuant to chapter 465; and

(5) A board certified, or board eligible, psychiatrist."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


 

Report Title:

Mental Health Services; Consent; Minors

 

Description:

Allows minors who are twelve years of age or older to consent to outpatient mental health services if, in the opinion of a professional person, the minor is mature enough to participate intelligently in the mental health or counseling services.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.