Amends TCA Title 14; Title 29, Chapter 31; Title 33; Title 34, Chapter 6, Part 4; Title 37, Chapter 1; Title 37, Chapter 10; Title 39; Title 49, Chapter 6, Part 50; Title 63 and Title 68.
This bill prohibits healthcare providers from providing medical treatment to minors without the consent of a parent or guardian. This bill provides exceptions for minors seeking treatment under certain conditions (as discussed below). For purposes of this bill, "minor" means an individual who has not attained 18 years of age, but does not include an individual who:<br /> <br /> (1) Has been emancipated;<br /> <br /> (2) Is or was previously a member of the armed forces of the United States, or a member of a reserve or national guard; <br /> <br /> (3) Resides at a location other than the primary dwelling of that individual's parents or legal guardians and is responsible for managing the individual's own financial affairs without dependence upon or contribution from a parent or legal guardian;<br /> <br /> (4) Is the parent of a minor child and has full custody of that minor child; or<br /> <br /> (5) Is or reasonably believes to be pregnant, based upon a determination by a healthcare provider.<br /> <br /> This bill provides that the prohibition described above will not apply, and a healthcare provider may provide medical treatment to a minor without the consent of a parent or guardian, if:<br /> <br /> (1) The healthcare practitioner reasonably believes that the minor's need for the medical treatment is caused by abuse or neglect of the minor and the medical treatment is necessary to save the minor's life, prevent further deterioration of the minor's condition, or to alleviate the minor's pain and suffering;<br /> <br /> (2) The healthcare provider reasonably believes that the minor's need for the medical treatment is caused by rape, incest, or sexual abuse;<br /> <br /> (3) The medical treatment is related to a diagnosis of drug-dependency to a minor who is 12 years of age or older, and who has been diagnosed as drug-dependent by two or more physicians. The healthcare provider must immediately notify a parent or legal guardian of the minor as soon as practicable following the initiation of medical treatment, unless a healthcare practitioner makes a determination that the minor is reasonably likely to be subjected to abuse or neglect as the result of the notification; <br /> <br /> (4) The medical treatment is related to drug or alcohol abuse or the treatment of sexually transmitted disease to a minor who is 12 years of age or older. If the minor's condition requires immediate hospitalization, then the healthcare provider must immediately notify a parent or legal guardian of the minor as soon as practicable following the earlier of hospitalization or the initiation of medical treatment;<br /> <br /> (5) The healthcare provider is admitting the minor who is 14 years of age or older to a hospital and providing mental health treatment, if that minor voluntarily seeks admission to the hospital for the purpose of mental health treatment and provides prior written informed consent to the treatment. The healthcare provider must immediately notify a parent or legal guardian of the minor as soon as practicable following the earlier of admission or the initiation of mental health treatment, unless a healthcare practitioner makes a determination that the minor is reasonably likely to be subjected to abuse or neglect as the result of the notification; and<br /> <br /> (6) The healthcare provider is committing to an inpatient mental health facility and providing mental health treatment to a minor who is 16 years of age or older, if that minor voluntarily seeks commitment to the facility for the purpose of mental health treatment and provides prior written informed consent to the treatment. The healthcare provider must immediately notify a parent or legal guardian of the minor as soon as practicable following the earlier of commitment or the initiation of mental health treatment, unless a healthcare practitioner makes a determination that the minor is reasonably likely to be subjected to abuse or neglect as the result of the notification.<br /> <br /> A violation of this bill will constitute professional misconduct and subject a violator to sanctions by the appropriate licensing authority. This bill requires the licensing authorities for healthcare practitioners to promulgate emergency rules within 75 days of the effective date of this bill to effectuate the purposes of this bill. <br />
This bill prohibits healthcare providers from providing medical treatment to minors without the consent of a parent or guardian. This bill provides exceptions for minors seeking treatment under certain conditions (as discussed below). For purposes of this bill, "minor" means an individual who has not attained 18 years of age, but does not include an individual who:<br /> <br /> (1) Has been emancipated;<br /> <br /> (2) Is or was previously a member of the armed forces of the United States, or a member of a reserve or national guard; <br /> <br /> (3) Resides at a location other than the primary dwelling of that individual's parents or legal guardians and is responsible for managing the individual's own financial affairs without dependence upon or contribution from a parent or legal guardian;<br /> <br /> (4) Is the parent of a minor child and has full custody of that minor child; or<br /> <br /> (5) Is or reasonably believes to be pregnant, based upon a determination by a healthcare provider.<br /> <br /> This bill provides that the prohibition described above will not apply, and a healthcare provider may provide medical treatment to a minor without the consent of a parent or guardian, if:<br /> <br /> (1) The healthcare practitioner reasonably believes that the minor's need for the medical treatment is caused by abuse or neglect of the minor and the medical treatment is necessary to save the minor's life, prevent further deterioration of the minor's condition, or to alleviate the minor's pain and suffering;<br /> <br /> (2) The healthcare provider reasonably believes that the minor's need for the medical treatment is caused by rape, incest, or sexual abuse;<br /> <br /> (3) The medical treatment is related to a diagnosis of drug-dependency to a minor who is 12 years of age or older, and who has been diagnosed as drug-dependent by two or more physicians. The healthcare provider must immediately notify a parent or legal guardian of the minor as soon as practicable following the initiation of medical treatment, unless a healthcare practitioner makes a determination that the minor is reasonably likely to be subjected to abuse or neglect as the result of the notification; <br /> <br /> (4) The medical treatment is related to drug or alcohol abuse or the treatment of sexually transmitted disease to a minor who is 12 years of age or older. If the minor's condition requires immediate hospitalization, then the healthcare provider must immediately notify a parent or legal guardian of the minor as soon as practicable following the earlier of hospitalization or the initiation of medical treatment;<br /> <br /> (5) The healthcare provider is admitting the minor who is 14 years of age or older to a hospital and providing mental health treatment, if that minor voluntarily seeks admission to the hospital for the purpose of mental health treatment and provides prior written informed consent to the treatment. The healthcare provider must immediately notify a parent or legal guardian of the minor as soon as practicable following the earlier of admission or the initiation of mental health treatment, unless a healthcare practitioner makes a determination that the minor is reasonably likely to be subjected to abuse or neglect as the result of the notification; and<br /> <br /> (6) The healthcare provider is committing to an inpatient mental health facility and providing mental health treatment to a minor who is 16 years of age or older, if that minor voluntarily seeks commitment to the facility for the purpose of mental health treatment and provides prior written informed consent to the treatment. The healthcare provider must immediately notify a parent or legal guardian of the minor as soon as practicable following the earlier of commitment or the initiation of mental health treatment, unless a healthcare practitioner makes a determination that the minor is reasonably likely to be subjected to abuse or neglect as the result of the notification.<br /> <br /> A violation of this bill will constitute professional misconduct and subject a violator to sanctions by the appropriate licensing authority. This bill requires the licensing authorities for healthcare practitioners to promulgate emergency rules within 75 days of the effective date of this bill to effectuate the purposes of this bill. <br />
Track Tennessee Legislation Like a Pro
Join hundreds of professionals using LegisGo to stay ahead of legislative changes.
Instant Alerts
Get notified when bills you track move through the legislature
AI Summaries
Understand complex legislation in seconds with AI-powered analysis
Full Access
All 132 legislators, committee schedules, and voting records