Alabama Legislature Raises Age of Consent for Medical Treatment of a Minor

Alabama’s new law, Senate Bill 101 (SB101), raises the age at which minors may independently consent to medical, dental, and mental health treatment from 14 to 16 years old unless certain exceptions apply. The stated goal of the new law, effective October 1, is “to provide that it is the fundamental right of a parent to make decisions concerning the health care of his or her child.”

This new law also requires health care providers to grant a parent or legal guardian access to the minor’s medical records unless a court order prohibits or restricts the parent or legal guardian’s access to such records or the parent or legal guardian is under investigation for a crime against the minor. While not directly relevant to the provision of health care services, SB101 also requires written parental permission for minors under 16 to receive school counseling services unless certain emergency circumstances apply.

Under SB101, minors under 16 may still consent to certain types of health care services specifically:

• Sexually transmitted infections (STIs)
• Treatment to determine the presence of any reportable disease
• Pregnancy prevention and treatment and
• Alcohol and drug dependency treatment.

SB101 does not limit or preclude the provision of any health care services to a minor when the health care provider has a good faith belief that one of the following emergency conditions exist:

• An imminent threat to the health of the minor or others.
• Suspected abuse, neglect or exploitation or
• Immediate need for grief counseling.

In addition, minors under 16 may consent to medical, dental, and mental health treatment if one of the following exceptions apply. The minor has:

• Graduated from high school.
• Is married, divorced, or has borne a child.
• Is pregnant.
• Is emancipated or
• Is not dependent on his or her parents or legal guardians for support and is living apart from his or her parents or an individual who is responsible for the minor under Alabama’s in loco parentis law.

Health care entities that offer medical, dental, and mental health treatment to minors should review their policies and procedures governing patient consent and disclosure of patient health information to assess for any changes needed as result of Alabama’s new law.

Also, they should consider what training might be needed to educate health care providers and other personnel on these new policies and procedures. In particular, health care providers should consider reviewing documentation requirements:

• Update intake forms to include revised age thresholds and exception criteria.
• Verify a minor’s status and confirm and document eligibility under exceptions.
• Clearly document whether consent was obtained from the minor or a parent.
• Ensure that procedures are in place to assess and document emergency exceptions and
• Provide for periodic review to update consent forms and staff training to reflect legal changes.

Please contact Annette L. Kinderman, Abigail W. White, or any member of the Phelps Health Care team if you have questions or need advice or guidance.