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PUBLIC LAWS OF MAINE
First Regular Session of the 119th

CHAPTER 90

H.P. 492 - L.D. 699

An Act Concerning Minors' Consent for Services

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 22 MRSA §1507 is enacted to read:

§1507.  Consent for sexual assault forensic examination

     Notwithstanding the limitations set forth in section 1503, a minor may consent to health services associated with a sexual assault forensic examination to collect evidence after an alleged sexual assault.

     Sec. 2. 22 MRSA §1823, as amended by PL 1979, c. 663, §134, is further amended to read:

§1823. Treatment of minors

     Any hospital licensed under this chapter or alcohol or drug treatment facility licensed pursuant to section 7801 which that provides facilities to a minor in connection with the treatment of that minor for venereal disease or abuse of drugs or alcohol or for the collection of sexual assault evidence through a sexual assault forensic examination is under no obligation to obtain the consent of that minor's parent or guardian or to inform that parent or guardian of the provision of such facilities so long as such facilities have been provided at the direction of the person or persons referred to in Title 32, sections 2595, 3292, 3817, 6221 or 7004. Such The hospital shall notify and obtain the consent of that minor's parent or guardian if that hospitalization continues for more than 16 hours.

     Sec. 3. 32 MRSA §2595, as amended by PL 1993, c. 600, Pt. A, §188, is further amended to read:

§2595. Treatment of minors

     An individual licensed under this chapter who renders medical care to a minor for treatment of venereal disease or abuse of drugs or alcohol or for the collection of sexual assault evidence through a sexual assault forensic examination is under no obligation to obtain the consent of the minor's parent or guardian or to inform the parent or guardian of the treatment. Nothing in this section may be construed so as to prohibit the licensed individual rendering the treatment from informing the parent or guardian. For purposes of this section, "abuse of drugs" means the use of drugs solely to induce a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and not as a therapeutic agent recommended by a practitioner in the course of medical treatment.

     Sec. 4. 32 MRSA §3292, as amended by PL 1993, c. 600, Pt. A, §221, is further amended to read:

§3292. Treatment of minors

     An individual licensed under this chapter who renders medical care to a minor for treatment of venereal disease or abuse of drugs or alcohol or for the collection of sexual assault evidence through a sexual assault forensic examination is under no obligation to obtain the consent of the minor's parent or guardian or to inform the parent or guardian of the treatment. This section may not be construed to prohibit the licensed individual rendering the treatment from informing the parent or guardian. For purposes of this section, "abuse of drugs" means the use of drugs solely for their stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and not as a therapeutic agent recommended by a practitioner in the course of medical treatment.

Effective September 18, 1999, unless otherwise indicated.

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