Signed by Governor David Ige

Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes mental health services or counseling to minors without parent or guardian participation.

Highlights:

• Defines "Mental health professional" as a person who is working under the supervision of a licensed mental health professional and (Sec. 2-6):

• Is enrolled in an accredited training program; or

• Has completed all licensing requirements except the hours of supervised post-degree experience or examination required for state licensure as a licensed mental health counselor; licensed marriage and family therapist; licensed clinical social worker; a licensed psychologist; or advanced practice registered nurse licensed.

• Increases minors' access to mental health care by (Sec. 1):

• Allowing an unlicensed mental health professional, working under the supervision of a licensed mental health professional, to provide mental health treatment or counseling services to minors without parental or legal guardian consent, knowledge, or participation;

• Requiring a mental health professional to ensure that the covered entity has been notified that minor-initiated mental health treatment or counseling services should not be disclosed; and

• Requiring a covered entity, upon notification that minor-initiated mental health treatment or counseling services should not be disclosed, to maintain the confidentiality of minor-initiated mental health treatment or counseling services.

• Requires the mental health professional to ensure that the covered entity has been notified that minor-initiated mental health treatment or counseling services should not be disclosed (Sec. 2.b).

• Specifies a minor may not abrogate consent provided by a parent or legal guardian on the minor's behalf and a parent or legal guardian may not abrogate consent given by the minor on the minor's behalf (Sec. 2.d).

• Prohibits the minor's parent or legal guardian from being liable for payment for mental health treatment or counseling services unless the parent or guardian participates in the mental health treatment or counseling services (Sec. 2.f).

Full Bill Text