Your phone calls, emails and letters are needed TODAY! Minor's Consent to Health Care Under Attack We need your voice! Please take time to read the following important information and see below for the particular action we recommend. Please note that the current Minor's Consent law creates an avenue for youth to access sexual assault advocacy services and the forensic exam. THIS LAW IS IN DANGER. Today the Senate Judiciary Committee heard SF 1017. An amendment to the bill was presented and it was the first time that legislators on the committee and persons attending the hearing had a chance to review the proposed language. The bill passed. The amended bill is not available online yet; it will be rolled into the Senate's Health and Human Services Omnibus bill this afternoon and it is expected that the HHS bill will pass. It is possible the Senate HHS bill will be adopted by the House and then it will be up to Governor Dayton to sign or veto the bill. The Minor's Consent bill proposes the following changes to the current law allowing for minor's consent to certain medical procedures (Minn. Stat. 144.3433): 1) Invalidates minor's consent for medical, mental or other health services to determine the presence of or to treat pregnancy and associated conditions, including contraception, abortion and sexually transmitted infections, or to treat alcohol or other drug abuse 2) Creates an exception in instances of physical abuse, sexual abuse or incest perpetrated by the minor's parent or legal guardian BUT FIRST requires a judicial determination that the abuse or incest occurred and that having the services performed is in the best interests of the minor (see details below in 4). So essentially the minor has to go to court before receiving any medical care. If the court makes such a determination the minor's parents or legal guardian will not have access to the minor's health records without express authorization from the minor. Mandated reporting requirements apply. 3) Also creates an exception when the attending physician certifies in the minor's medical record that the services are necessary to prevent the minor's death AND there is insufficient time to obtain consent. 4) The judicial determination requires a motion and hearing and a judge may authorize a health care provider to provide a service if the judge determines that the minor is a victim of physical abuse, sexual abuse or incest perpetrated by the minor's parent or legal guardian AND it would be in the victim's best interests to receive services. A guardian ad litem may be appointed and proceedings are confidential. The judge must make specific written findings and conclusions supporting the decision and shall order a record of evidence be maintained. There is an expedited confidential appeal process with no filing fee required of a minor at trial or appellate level. Reimbursement for the costs associated with the judicial determination will be sought from the Department of Health. 5) Penalty: Performance of a service in violation of this proposed law would result in a misdemeanor and is grounds for a civil action by a parent "wrongfully denied the opportunity to give effective consent on behalf o the minor." There is a good faith exception under this section. 6) Minors in Out-of-Home Placement: The executive director, program manager or designee of a licensed residential facility may give effective consent after reasonable efforts have been made to contact the parent or legal guardian of the minor for medical, mental, and other health services, except for family planning services. If the minor does receive services the parent must have access to the medical records. Take Action Now! Contact the following legislators and Governor Dayton. Write letters to the editor. Here are some key talking points and lawmaker contact information is provided below. 1) This bill says it creates an exception that will address the medical needs of victims of sexual assault. It does not. The exception for sexual abuse or incest applies to only a limited number of victims. Minor victims of sexual assault by an acquaintance or stranger would not be included. They will not be able to consent to their own medical care or seek permission from a judge. 2) Further, the bill requires the victims who are covered by the exception to go to court FIRST before they can consent to care. It is already difficult enough for a young person to summon up the courage to seek help; now they will have to go before a judge before receiving medical care. This will create a significant barrier and will likely result in young people forgoing care altogether, creating long-term health consequences for the individual. Some young people may end up never feeling comfortable disclosing a sexual assault. 3) A sexual assault forensic exam is often an effective means of gathering evidence that may be used for an investigation and prosecution if a victim reports the crime. The sooner evidence is collected the better; exams are generally conducted anywhere from 72 to 120 hours after the assault, depending upon the health care provider's policy. Clearly a delay created in a victim's access to an exam could result in loss of evidence that could impact the success of a potential investigation and prosecution. The requirement of seeking court permission will also likely deter victims from seeking medical care in the first place because now the victim will be faced with the immediate and daunting experience of going to court to talk about a crime involving a parent or guardian. 4) Aside from issues involving sexual assault in this bill, overall we should work to remove barriers that keep youth from accessing timely and necessary health care. While it is everyone's hope that youth will seek out their parents' counsel when it comes to health care needs we know that option is not always safe or available to youth, therefore it is critically important that we do all we can to preserve the current minor's consent law so that medical help is readily accessible. The health and well-being of Minnesota youth is at stake. Contact the following people to voice your opposition to this change to the minor's consent law TODAY! Senator Warren Limmer (R-Maple Grove), Chair, Senate Judiciary Committee, Bill Co-Author Senator David Hann (R-Eden Prairie), Bill Author Governor Mark Dayton Your legislator (click here to find your representative and senator) Thank you! Please contact MNCASA with any questions. | 
