HB 1616-FN - AS INTRODUCED
2020 SESSION
20-2408
01/10
HOUSE BILL 1616-FN
AN ACT relative to the age for minor's visits to mental health practitioners.
SPONSORS: Rep. Klein-Knight, Hills. 11; Rep. Frost, Straf. 16; Rep. Schultz, Merr. 18; Rep. St. John, Hills. 27; Rep. Cushing, Rock. 21; Rep. Cleaver, Hills. 35; Rep. Bouchard, Hills. 11; Rep. Josephson, Graf. 11; Rep. Vail, Hills. 30; Rep. French, Graf. 14
COMMITTEE: Health, Human Services and Elderly Affairs
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ANALYSIS
This bill authorizes minors 12 years of age or older to have treatment for behavioral health services without the consent of a parent or guardian.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2408
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to the age for minor's visits to mental health practitioners.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Behavioral Health Services for Minors. Amend RSA 135-C by inserting after section 67 the following new subdivision:
Behavioral Health Services for Minors
135-C:68 Behavioral Health Services for Minors.
I. When a minor who is 12 years of age or older believes that he or she is in need of behavioral health care services for the treatment of mental illness or emotional disorders, the minor’s consent to temporary outpatient treatment, excluding the use or administration of medication, under the supervision of a physician licensed to practice medicine, an APRN, or an individual licensed to provide professional counseling under RSA Title 30, including, but not limited to, a psychiatrist, psychologist, clinical social worker, marriage and family therapist, pastoral pyschotherapist, or clinical mental health counselor, or in an outpatient health care facility licensed under RSA 151, shall be valid and binding as if the minor had achieved the age of majority. Any such consent shall not be subject to later disaffirmance by reason of minority. Treatment for behavioral health care services for mental illness or emotional disorders that is consented to by a minor shall be considered confidential information between the physician, the individual licensed to provide professional counseling, the advanced practice registered nurse, or the health care facility, as appropriate, and the patient, and neither the minor nor the minor’s physician, professional counselor, APRN, or outpatient health care facility, as appropriate, shall be required to report such treatment when it is the result of voluntary consent.
II. The consent of no other person or persons, including but not limited to, a spouse, parent, custodian, or guardian, shall be necessary in order to authorize a minor to receive such hospital services, facility, or clinical care or services, medical or surgical care or services, or counseling services from a physician licensed to practice medicine, an individual licensed or certified to provide treatment for alcoholism, an APRN, or an individual licensed to provide professional counseling under RSA Title 30, as appropriate, to such a minor, except that behavioral health care services for the treatment of mental illness or emotional disorders shall be limited to temporary outpatient services only.
2 Effective Date. This act shall take effect 60 days after its passage.
20-2408
12/5/19
HB 1616-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the age for minor's visits to mental health practitioners.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill allows minors 12 years of age or older to access temporary, outpatient mental health treatment without the consent of a parent or legal guardian. The Department of Health and Human Services notes that the bill is similar to existing RSA 318-B:12-a, which allows minors to access drug abuse treatment without the consent of a parent or legal guardian, as well as RSA 141-C:18, which does the same for treatment for sexually transmitted diseases. The Department states that the bill will likely result in greater utilization of temporary, outpatient mental health treatment by minors, but that the question of who will be liable for the cost of such services (minor, parent, state, or provider) is not addressed by the bill.
The Insurance Department assumes that the services identified in the bill will be subject to mental health parity laws, and hence will be subject to insurance coverage. As a result, the bill may increase claims costs and so impact premiums and/or plan designs. Increasing premium costs, were they to occur, would in turn increase insurance premium tax revenue. The extent of any such impacts are indeterminable.
It is assumed any fiscal impact from this bill will not occur until FY 2021.
AGENCIES CONTACTED:
Departments of Health and Human Services and Insurance
| Date | Body | Type |
|---|---|---|
| Jan. 28, 2020 | House | Hearing |
| Feb. 13, 2020 | House | Exec Session |
| Feb. 18, 2020 | House | Exec Session |
| Sept. 3, 2020 | House | Exec Session |
| House | Floor Vote |
: Interim Study Report: Recommended for Future Legislation (Vote 11-7)
Sept. 3, 2020: Full Committee Work Session: 09/03/2020 02:00 pm Members of the public may attend using this link: https://www.zoom.us/j/93480617681 - Executive Session to Follow
March 11, 2020: Refer for Interim Study: MA VV 03/11/2020 HJ 7 P. 35
March 11, 2020: Committee Report: Refer for Interim Study for 03/11/2020 (Vote 19-0; CC) HC 10 P. 20
: Committee Report: Refer for Interim Study (Vote 19-0; CC)
Feb. 18, 2020: Executive Session: 02/18/2020 01:00 pm LOB 205
Feb. 13, 2020: Executive Session: 02/13/2020 10:00 am LOB 205
Feb. 4, 2020: Subcommittee Work Session: 02/04/2020 10:00 am LOB 308
Jan. 28, 2020: Public Hearing: 01/28/2020 10:00 am LOB 205
Jan. 8, 2020: Introduced 01/08/2020 and referred to Health, Human Services and Elderly Affairs HJ 1 P. 29