BILL REQ. #:  H-4153.1 

Read first time 01/26/2004.   Referred to Committee on Children & Family Services.

     AN ACT Relating to authorization to consent to medical care for minors; adding a new section to chapter 74.13 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   (1) It is the intent of the legislature to assist children in the care of kin to access appropriate medical services. Children being raised by kin have faced barriers to medical care because their kinship caregivers have not been able to verify that they are the identified primary caregivers of these children. Such barriers pose an especially significant challenge to kinship caregivers in dealing with health professionals when children are left in their care with no warning.
     (2) To assist kinship caregivers in executing adequate and appropriate decisions regarding the medical needs of a child in their care, a mechanism is hereby created to authorize kinship caregivers to consent to medical care for those children in their care.

NEW SECTION.  Sec. 2   A new section is added to chapter 74.13 RCW to read as follows:
     (1) In addition to such other persons as may be so authorized, any person eighteen years of age or older standing in loco parentis to a child under eighteen years of age is authorized to consent to any medical or surgical treatment or procedure not prohibited by law, including professional use of anesthetics and administration of prescribed medications, provided that the treatment or procedure has been suggested, recommended, prescribed, or directed by a licensed health care practitioner performing services within that practitioner's authorized scope of practice.
     (2) No person who acts in good faith reliance on consent provided pursuant to subsection (1) of this section shall be subject to criminal liability, civil liability, or professional disciplinary action as a result of such reliance.
     (3) Any person who falsely claims to be standing in loco parentis or who, based on in loco parentis status, provides consent to a medical or surgical treatment or procedure despite actual knowledge that the parent of the child would object to such treatment or procedure shall be subject to a civil penalty of one thousand dollars for each violation and may also be subject to criminal liability.
     (4) This section shall not apply to children who are in the custody of the department of social and health services or other agency contracted by the department of social and health services.