H-0553.2  _______________________________________________

                          HOUSE BILL 1356

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Lambert, Pelesky, Koster, Thompson, Skinner, Smith, Hymes, Stevens, Radcliff, Campbell, Benton, McMahan, Huff, Johnson and Backlund

Read first time 01/23/95.  Referred to Committee on Health Care.

Declaring that a parent of a minor child has a right to be present when the child is receiving medical care.

    AN ACT Relating to parental presence at a minor child's medical treatment; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  (1) A parent of a minor child has a right to be present whenever the child is receiving medical care.  This right does not extend to a parent against whom a restraining order or other court order has been issued prohibiting the parent from having contact with the child.

    (2) In the case of a decree or other order designating one parent as the custodial parent of a minor child or as the primary residential parent of a minor child, the right provided by subsection (1) of this section does not extend to the other parent except when:

    (a) The child is lawfully in the custody of or residing with such other parent;

    (b) The child is in need of immediate medical care; and

    (c) Such other parent has made every reasonable effort to notify the custodial parent or primary residential parent of the need for such care.

    (3) A minor child who is more than twelve years old has a right to have a counselor, minister, or other support person present whenever the child is receiving medical care to assist the child in dealing with any information connected with the care that might be traumatic or might cause family conflict.  The child may arrange for the presence of a counselor, minister, or other support person of the child's own choosing, or may request the medical care provider to arrange for the presence of a counselor, minister, or other support person.  If the child makes such a request, the medical care provider shall arrange for the presence of such a person without charge.

    (4) For purposes of this section, the following terms have the following meanings:

    (a) "Medical care" means any medical procedure, treatment diagnosis, or examination that involves the physical touching of the child, or any consultation, that is performed by a person licensed in this state to provide health care;

    (b) "Minor child" means an unmarried child under the age of eighteen who is not emancipated pursuant to RCW 13.64.050;

    (c) "Parent" means a parent or legal guardian of a minor child.

NEW SECTION. Sec. 2.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

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