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THE SENATE |
S.B. NO. |
768 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO ADOLESCENT MENTAL HEALTH SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 323B-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) [Notwithstanding] Except as
prohibited by section 577-29(f), and notwithstanding any other law
to the contrary, any use or disclosure of individually
identifiable health information by any covered entity or business associate
that is permitted by title 45 Code of
Federal Regulations part 164, subpart E, shall be deemed to comply with all
state laws relating to the use, disclosure, or confidentiality of such
information."
SECTION 2. Section 577-29, Hawaii Revised Statutes, is amended to read as follows:
"§577-29 Mental
health services relating to minors; diagnosis, counseling, and related
activities. (a) Notwithstanding any other law to the
contrary, a minor who is fourteen years of age or older may consent to mental
health treatment or counseling services provided by a licensed mental health
professional or mental health professional if, in the opinion
of the licensed mental health professional[,] or mental health professional,
the minor is mature enough to participate intelligently in the mental health treatment or
counseling services; provided that the consent of the minor's parent or legal
guardian shall be required to prescribe medication to the minor or to place the
minor into an out-of-home or residential treatment program. It shall be a standard of care for a
licensed mental health professional or a mental health professional treating a
minor to ask the minor if the minor wants the provision of mental health treatment
or counseling services to be kept confidential from the minor's parent or
guardian and explain to the minor what confidentiality means with regard to
mental health services.
(b)
The mental health
treatment or counseling services provided to a minor as authorized by
this section shall include involvement of the minor's parent or legal guardian,
unless the licensed mental health professional[,] or the mental
health professional, after consulting with the minor, determines that the
involvement would be inappropriate. The
licensed mental health professional or the mental health professional shall
state in the client record whether and when the treating clinician attempted to
contact the minor's parent or legal guardian, and whether the attempt to contact
was successful or unsuccessful, or the reason why, in the treating licensed
mental health professional's opinion[,] or the mental health
professional's opinion, it would be inappropriate to contact the minor's
parent or guardian.
(c) A minor may not abrogate consent provided by a parent or legal guardian on the minor's behalf. A parent or legal guardian may not abrogate consent given by the minor on the minor's own behalf.
(d)
If a minor consents to receive mental health treatment or
counseling services pursuant to this section, the minor shall not be liable for
payment[.], including out-of-pocket payment.
(e)
The minor's parent or legal guardian is not liable for [payment] out-of-pocket
payments 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 services, and then
only for services rendered with the participation of the parent or guardian.
[(f)] (g) As used in this section:
"Covered entity" has
the same meaning as in title 45 Code of Federal Regulations section 160.103.
"Licensed mental health
professional" means [any of the following] a person who provides
counseling as part of the following professions:
(1) A [person]
licensed [as a] mental health counselor pursuant to chapter 453D;
(2) A [person]
licensed [as a] marriage and family therapist pursuant to chapter 451J;
(3) A licensed clinical
social worker [licensed] pursuant to chapter 467E;
(4) A [person]
licensed [as a] psychologist pursuant to chapter 465;
(5) A [board
certified, or board eligible, licensed psychiatrist;] licensed physician
pursuant to chapter 453; or
(6) [An] A licensed
advanced practice registered nurse [licensed] pursuant to chapter 457
who holds an accredited
national certification in an advanced practice registered nurse psychiatric
specialization.
"Mental health professional"
means a person who is working under the supervision of a licensed mental health
professional and either:
(1) Is
enrolled in an accredited training program; or
(2) Has
completed all licensing requirements except the hours of supervised post-degree
experience or the examination required for state licensure for licensed mental
health counselors pursuant to chapter 453D, for licensed marriage and family
therapists pursuant to chapter 451J, for clinical social workers pursuant to
chapter 467E, for psychologists pursuant to chapter 465, or for advanced
practice registered nurses pursuant to chapter 457.
"Mental health treatment or counseling services" means the provision of outpatient mental health treatment or counseling by a licensed mental health professional or a mental health professional."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Adolescent Mental Health; Payment Disclosure; Confidentiality
Description:
Permits certain minors to consent to treatment or counseling by a mental health professional. Requires, as part of the standard of care, the minor patient to be informed about confidentiality. Restricts disclosure of a minor's payment information for mental health treatment in certain circumstances. (SB768 HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.