Text of KY HB 477 (2021)

UNOFFICIAL COPY 21 RS BR 1451 Page 1 of 2 XXXX Jacketed AN ACT relating to parental consent for transgender healthcare services. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 Section 1. KRS 214.185 is amended to read as follows: 3 (1) Any physician, upon consultation by a minor as a patient, with the consent of such 4 minor may make a diagnostic examination for venereal disease, pregnancy, or 5 substance use disorder and may advise, prescribe for, and treat such minor regarding 6 venereal disease, substance use disorder, contraception, pregnancy, or childbirth, all 7 without the consent of or notification to the parent, parents, or guardian of such 8 minor patient, or to any other person having custody of such minor patient. 9 Treatment under this section does not include inducing of an abortion or 10 performance of a sterilization operation. In any such case, the physician shall incur 11 no civil or criminal liability by reason of having made such diagnostic examination 12 or rendered such treatment, but such immunity shall not apply to any negligent acts 13 or omissions. 14 (2) Any physician may provide outpatient mental health counseling to any child age 15 sixteen (16) or older upon request of such child without the consent of a parent, 16 parents, or guardian of such child. 17 (3) Notwithstanding any other provision of the law, and without limiting cases in which 18 consent may be otherwise obtained or is not required, any emancipated minor or any 19 minor who has contracted a lawful marriage or borne a child may give consent to 20 the furnishing of hospital, medical, dental, or surgical care to his or her child or 21 himself or herself and such consent shall not be subject to disaffirmance because of 22 minority. The consent of the parent or parents of such married or emancipated 23 minor shall not be necessary in order to authorize such care. For the purpose of this 24 section only, a subsequent judgment of annulment of marriage or judgment of 25 divorce shall not deprive the minor of his adult status once obtained. The provider 26 of care may look only to the minor or spouse for payment for services under this 27 UNOFFICIAL COPY 21 RS BR 1451 Page 2 of 2 XXXX Jacketed section unless other persons specifically agree to assume the cost. 1 (4) (a) Medical, dental, and other health services may be rendered to minors of any 2 age without the consent of a parent or legal guardian when, in the 3 professional's judgment, the risk to the minor's life or health is of such a 4 nature that treatment should be given without delay and the requirement of 5 consent would result in delay or denial of treatment. 6 (b) Notwithstanding paragraph (a) of this subsection, medical and other 7 healthcare services shall not be rendered upon a minor in order to facilitate 8 the minor's desire to identify with, present, appear, or live as a gender that 9 does not correspond to his or her sex at birth without the written consent of 10 the parent or guardian of the minor patient or to any other person having 11 custody of the minor. 12 (5) The consent of a minor who represents that he may give effective consent for the 13 purpose of receiving medical, dental, or other health services but who may not in 14 fact do so, shall be deemed effective without the consent of the minor's parent or 15 legal guardian, if the person rendering the service relied in good faith upon the 16 representations of the minor. 17 (6) The professional may inform the parent or legal guardian of the minor patient of any 18 treatment given or needed where, in the judgment of the professional, informing the 19 parent or guardian would benefit the health of the minor patient. 20 (7) Except as otherwise provided in this section, parents, the Cabinet for Health and 21 Family Services, or any other custodian or guardian of a minor shall not be 22 financially responsible for services rendered under this section unless they are 23 essential for the preservation of the health of the minor. 24