HB 110 — An Act amending the act of February 13, 1970 (P.L.19, No.10), entitled "An act enabling certain minors to consent to medical, dental and health services, declaring consent unnecessary under certain circumstances," further providing for individual consent, for mental health treatment and for release of medical records; and providing for parent or legal guardian access to medical records.

PRINTER'S NO.   88

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 110
                                               Session of
                                                 2025

     INTRODUCED BY BOROWICZ, KAUFFMAN, M. BROWN, M. MACKENZIE, KRUPA,
        HAMM, LEADBETER, STAATS, SCIALABBA, KUZMA, WATRO, TWARDZIK,
        SMITH, BERNSTINE, ZIMMERMAN AND BARGER, JANUARY 14, 2025

     REFERRED TO COMMITTEE ON HEALTH, JANUARY 14, 2025


                                    AN ACT
 1   Amending the act of February 13, 1970 (P.L.19, No.10), entitled
 2      "An act enabling certain minors to consent to medical, dental
 3      and health services, declaring consent unnecessary under
 4      certain circumstances," further providing for individual
 5      consent, for mental health treatment and for release of
 6      medical records; and providing for parent or legal guardian
 7      access to medical records.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    Sections 1, 1.1(a)(2), (3), (4), (5) and (7)
11   introductory paragraph and 1.2(d) of the act of February 13,
12   1970 (P.L.19, No.10), entitled "An act enabling certain minors
13   to consent to medical, dental and health services, declaring
14   consent unnecessary under certain circumstances," are amended to
15   read:
16      Section 1.    Individual Consent.--Any minor who is eighteen
17   years of age or older[, or has graduated from high school, or
18   has married, or has been pregnant,] may give effective consent
19   to medical, dental and health services for himself or herself,
20   and the consent of no other person shall be necessary.
 1      Section 1.1.   Mental Health Treatment.--(a)    The following
 2   shall apply to consent for voluntary inpatient and outpatient
 3   mental health treatment:
 4      * * *
 5      (2)   A minor who is [fourteen] eighteen years of age or older
 6   may consent on the minor's own behalf to voluntary inpatient
 7   mental health treatment as provided under Article II of the
 8   "Mental Health Procedures Act" or outpatient mental health
 9   treatment, and the minor's parent's or legal guardian's consent
10   shall not be necessary.
11      (3)   A minor or another parent or legal guardian may not
12   abrogate consent provided by a parent or legal guardian on the
13   minor's behalf to voluntary inpatient or outpatient mental
14   health treatment under paragraph (1), nor may a parent or legal
15   guardian abrogate consent given by the minor on the minor's own
16   behalf to voluntary inpatient or outpatient mental health
17   treatment under paragraph (2).
18      (4)   A parent or legal guardian who has provided consent to
19   voluntary inpatient or outpatient mental health treatment under
20   paragraph (1) may revoke that consent, which revocation shall be
21   effective unless the minor who is [fourteen to] eighteen years
22   of age or older has provided consent for continued voluntary
23   inpatient or outpatient mental health treatment.
24      (5)   A minor who is [fourteen to] eighteen years of age or
25   older who has provided consent to voluntary inpatient or
26   outpatient mental health treatment may revoke that consent[,
27   which revocation shall be effective unless the parent or legal
28   guardian to the minor has provided for continued treatment under
29   paragraph (1)].
30      * * *

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 1      (7)   When a petition is filed on behalf of a minor [fourteen
 2   years of age or older and] under eighteen years of age who has
 3   been confined for inpatient treatment on the consent of a parent
 4   or legal guardian and who objects to continued inpatient
 5   treatment by requesting a withdrawal from or modification of
 6   treatment, the court shall promptly appoint an attorney for the
 7   minor and schedule a hearing to be held within seventy-two hours
 8   following the filing of the petition, unless continued upon the
 9   request of the attorney for the minor, by a judge or mental
10   health review officer who shall determine whether or not the
11   voluntary mental health treatment is in the best interest of the
12   minor. For inpatient treatment to continue against the minor's
13   wishes, the court must find all of the following by clear and
14   convincing evidence:
15      * * *
16      Section 1.2.   Release of Medical Records.--* * *
17      (d)   Except to the extent provided under subsection (a), (b)
18   or (c) or section 1.3, the minor shall control the release of
19   the minor's mental health treatment records and information to
20   the extent allowed by law. When a minor has provided consent to
21   outpatient mental health treatment under section 1.1, subject to
22   subsection (a)(2), the minor shall control the records of
23   treatment to the same extent as the minor would control the
24   records of inpatient care or involuntary outpatient care under
25   the act of July 9, 1976 (P.L.817, No.143), known as the "Mental
26   Health Procedures Act," and its regulations.
27      * * *
28      Section 2.   The act is amended by adding a section to read:
29      Section 1.3.   Parent or Legal Guardian Access to Medical
30   Records.--A parent or legal guardian of a minor under eighteen

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1   years of age shall have full access to the minor's medical,
2   dental or health services or mental health treatment records.
3      Section 3.   This act shall take effect in 60 days.




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