Second Substitute H.B. 13

Representative Jennifer M. Seelig proposes the following substitute bill:

1 IMMUNIZATIONS FOR TEEN MOTHERS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jennifer M. Seelig
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill amends the Health Code to allow a minor who is the parent of a child, or who
10 is pregnant, to consent to immunizations.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . replaces the term "crippled children" with "children with disabilities";
15 . allows minors who are pregnant or who have custody of a child to consent to
16 immunizations in certain circumstances;
17 . defines the immunizations for which a minor may provide consent;
18 . establishes the legal effect of the minor's consent for immunizations; and
19 . provides that a parent or guardian of a minor who consents to an immunization is
20 not responsible for the fees associated with the immunization unless the parent or
21 guardian consented to the immunization.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None

26 Utah Code Sections Affected:
27 AMENDS:
28 26-10-1, as last amended by Laws of Utah 2001, Chapter 73
29 26-10-2, as enacted by Laws of Utah 1981, Chapter 126
30 ENACTS:
31 26-10-9, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 26-10-1 is amended to read:
35 26-10-1. Definitions.
36 As used in this chapter:
37 (1) "Maternal and child health services" means:
38 (a) the provision of educational, preventative, diagnostic, and treatment services,
39 including medical care, hospitalization, and other institutional care and aftercare, appliances,
40 and facilitating services directed toward reducing infant mortality and improving the health of
41 mothers and children provided, however, that nothing in this [section] Subsection (1) shall be
42 construed to allow any agency of the state to interfere with the rights of the parent of an
43 unmarried minor in decisions about the providing of health information or services;
44 (b) the development, strengthening, and improvement of standards and techniques
45 relating to the services and care;
46 (c) the training of personnel engaged in the provision, development, strengthening, or
47 improvement of the services and care; and
48 (d) necessary administrative services connected with Subsections (1)(a), (b), and (c).
49 [(2) "Crippled children's services" means:]
50 (2) "Minor" means a person under the age of 18.
51 (3) "Services to children with disabilities" means:
52 (a) the early location of [crippled] children with a disability, provided that any program
53 of prenatal diagnosis for the purpose of detecting the possible disease or disabilities of an
54 unborn child will not be used for screening, but rather will be utilized only when there are
55 medical or genetic indications that warrant diagnosis;
56 (b) the provision for [such] children described in Subsection (3)(a) of preventive,

57 diagnosis, and treatment services, including medical care, hospitalization, and other
58 institutional care and aftercare, appliances, and facilitating services directed toward the
59 diagnosis of the condition of [such] those children or toward the restoration of the children to
60 maximum physical and mental health;
61 (c) the development, strengthening, and improvement of standards and techniques
62 relating to [such] services and care described in this Subsection (3);
63 (d) the training of personnel engaged in the provision, development, strengthening, or
64 improvement of [such] services and care described in this Subsection (3); and
65 (e) necessary administrative services connected with Subsections [(2)] (3)(a), (b), and
66 (c).
67 Section 2. Section 26-10-2 is amended to read:
68 26-10-2. Maternal and child health provided by department.
69 The department shall, as funding permits, provide for maternal and child health service
70 and [crippled children's] services [to individuals who need such services and] for children with
71 a disability if the individual needs the services and the individual cannot reasonably obtain
72 [them] the services from other sources.
73 Section 3. Section 26-10-9 is enacted to read:
74 26-10-9. Immunizations -- Consent of minor to treatment.
75 (1) This section:
76 (a) is not intended to interfere with the integrity of the family or to minimize the rights
77 of parents or children; and
78 (b) applies to a minor, who at the time care is sought is:
79 (i) married or has been married;
80 (ii) emancipated as provided for in Section 78A-6-805 ;
81 (iii) a parent with custody of a minor child; or
82 (iv) pregnant.
83 (2) (a) A minor described in Subsections (1)(b)(i) and (ii) may consent to:
84 (i) immunizations against epidemic infections and communicable diseases as defined
85 in Section 26-6-2 ; and
86 (ii) examinations and immunizations required to attend school as provided in Title
87 53A, Chapter 11, Students in Public Schools.

88 (b) A minor described in Subsections (1)(b)(iii) and (iv) may consent to the
89 immunizations described in Subsections (2)(a)(i) and (ii), and the vaccine for human
90 papillomavirus only if:
91 (i) the minor represents to the health care provider that the minor is an abandoned
92 minor as defined in Section 76-5-109 ; and
93 (ii) the health care provider makes a notation in the minor's chart that the minor
94 represented to the health care provider that the minor is an abandoned minor under Section
95 76-5-109 .
96 (c) Nothing in Subsection (2)(a) or (b) requires a health care provider to immunize a
97 minor.
98 (3) The consent of the minor pursuant to this section:
99 (a) is not subject to later disaffirmance because of the minority of the person receiving
100 the medical services;
101 (b) is not voidable because of minority at the time the medical services were provided;
102 (c) has the same legal effect upon the minor and the same legal obligations with regard
103 to the giving of consent as consent given by a person of full age and capacity; and
104 (d) does not require the consent of any other person or persons to authorize the medical
105 services described in Subsections (2)(a) and (b).
106 (4) A health care provider who provides medical services to a minor in accordance
107 with the provisions of this section is not subject to civil or criminal liability for providing the
108 services described in Subsections (2)(a) and (b) without obtaining the consent of another
109 person prior to rendering the medical services.
110 (5) This section does not remove the requirement for parental consent or notice when
111 required by Section 76-7-304 or 76-7-304.5 .
112 (6) The parents, parent, or legal guardian of a minor who receives medical services
113 pursuant to Subsections (2)(a) and (b) are not liable for the payment for those services unless
114 the parents, parent, or legal guardian consented to the medical services.