FIRST REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES DAVIS (Sponsor), RUESTMAN, JONES (89), SANDER, POLLOCK, NOLTE, MOORE, SCHAAF, VIEBROCK, ERVIN, LEMBKE, FLOOK, STEVENSON, NIEVES, THRELKELD, WRIGHT, FISHER, HARRIS (110), CASEY, MEINERS, BEARDEN, KINGERY, SCHOELLER, COX, ONDER, WOOD, KELLY, DEEKEN, MAY, FRANZ, COOPER (155), McGHEE, SMITH (150) AND FUNDERBURK (Co-sponsors).
Read 1st time January 25, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 431.061, RSMo, and to enact in lieu thereof one new section relating to prescription contraceptives for minors.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 431.061, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 431.061, to read as follows:
431.061. 1. In addition to such other persons as may be so authorized and empowered, any one of the following persons if otherwise competent to contract, is authorized and empowered to consent, either orally or otherwise, to any surgical, medical, or other treatment or procedures not prohibited by law:
(1) Any adult eighteen years of age or older for himself or herself;
(2) Any parent for his or her minor child in his or her legal custody;
(3) Any minor who has been lawfully married and any minor parent or legal custodian of a child for himself or herself, his or her child and any child in his or her legal custody;
(4) Any minor for himself or herself in case of:
(a) Pregnancy, but excluding:
a. Abortions; and
b. Prescriptive contraceptive drugs and devices;
(b) Venereal disease;
(c) Drug or substance abuse including those referred to in chapter 195, RSMo;
(5) Any adult standing in loco parentis, whether serving formally or not, for his or her minor charge in case of emergency as defined in section 431.063;
(6) Any guardian of the person for his or her ward;
(7) During the absence of a parent so authorized and empowered, any adult for his or her minor brother or sister;
(8) During the absence of a parent so authorized and empowered, any grandparent for his or her minor grandchild;
(9) "Absence" as used in (7) and (8) above shall mean absent at a time when further delay occasioned by an attempt to obtain a consent may jeopardize the life, health or limb of the person affected, or may result in disfigurement or impairment of faculties.
2. For purposes of consent to hospitalization or medical, surgical or other treatment or procedures, a "minor" shall be defined as any person under eighteen years of age and an "adult" shall be defined as any person eighteen years of age or older.
3. The provisions of sections 431.061 and 431.063 shall be liberally construed, and all relationships set forth in subsection 1 of this section shall include the adoptive and step-relationship as well as the natural relationship and the relationship by the half blood as well as by the whole blood.
4. A consent by one person so authorized and empowered shall be sufficient notwithstanding that there are other persons so authorized and empowered or that such other persons shall refuse or decline to consent or shall protest against the proposed surgical, medical or other treatment or procedures.
5. Any person acting in good faith and not having been put on notice to the contrary shall be justified in relying on the representations of any person purporting to give such consent, including, but not limited to, his or her identity, his or her age, his or her marital status, and his or her relationship to any other person for whom the consent is purportedly given.
6. (1) The right of a minor to self-consent to a prescriptive contraceptive drug or device under subparagraph b. of paragraph (a) of subdivision (4) of subsection 1 of this section may be granted by a court under the following procedures:
(a) The minor or next friend of the minor shall make an application to the juvenile court which shall assist the minor or next friend of the minor in preparing the petition and notices required under this section. The minor or the next friend of the minor shall thereafter file a petition setting forth the initials of the minor; the age of the minor; the names and addresses of each parent, guardian, or, if the minor's parents are deceased and no guardian has been appointed, any other person standing in loco parentis of the minor; that the minor has been fully informed of the risks and consequences of the prescriptive contraceptive drug or device; that the minor is of sound mind and has sufficient intellectual capacity to consent to the prescriptive contraceptive drug or device; that, if the court does not grant the minor majority rights for the purpose of consent to the prescriptive contraceptive drug or device, the court should find that the prescriptive contraceptive drug or device is in the best interest of the minor and give judicial consent to the prescriptive contraceptive drug or device; that the court should appoint a guardian ad litem of the child; and if the minor does not have private counsel, that the court should appoint counsel. The petition shall be signed by the minor or the next friend of the minor;
(b) A hearing on the merits of the petition, to be held on the record, shall be held as soon as possible within five days of the filing of the petition. If any party is unable to afford counsel, the court shall appoint counsel at least twenty-four hours before the time of the hearing. At the hearing, the court shall hear evidence relating to the emotional development, maturity, intellect, and understanding of the minor; the nature, possible consequences, and alternatives to the prescriptive contraceptive drug or device; and any other evidence that the court may find useful in determining whether the minor should be granted majority rights for the purpose of consenting to the prescriptive contraceptive drug or device or whether the prescriptive contraceptive drug or device is in the best interests of the minor;
(c) In the decree, the court shall for good cause:
a. Grant the petition for majority rights for the purpose of consenting to the prescriptive contraceptive drug or device; or
b. Find the prescriptive contraceptive drug or device to be in the best interests of the minor and give judicial consent to the prescriptive contraceptive drug or device, setting forth the grounds for so finding; or
c. Deny the petition, setting forth the grounds on which the petition is denied;
(d) If the petition is allowed, the informed consent of the minor, pursuant to a court grant of majority rights, or the judicial consent, shall bar an action by the parents or guardian of the minor against those prescribing the contraceptive drug or device. The immunity granted shall only extend to the prescribing of contraceptive drugs or devices in accordance herewith and any necessary accompanying services which are performed in a competent manner. The costs of the action shall be borne by the parties;
(e) An appeal from an order issued under the provisions of this section may be taken to the court of appeals of this state by the minor or by a parent or guardian of the minor. The notice of intent to appeal shall be given within twenty-four hours from the date of issuance of the order. The record on appeal shall be completed and the appeal shall be perfected within five days from the filing of notice to appeal.
(2) If a minor desires to have a prescription for a contraceptive drug or device, she shall be orally informed of and, if possible, sign the written consent. No prescription for a contraceptive drug or device shall be prescribed for any minor against her will.
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