BILL REQ. #:  H-0502.1 

Read first time 02/09/09.   Referred to Committee on Judiciary.

     AN ACT Relating to consent to medical care by a minor; and adding a new section to chapter 70.01 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 70.01 RCW to read as follows:
     (1) Any minor of ordinary intelligence and awareness sufficient for him or her generally to comprehend the need for, the nature of, and the significant risks ordinarily inherent in any contemplated hospital, medical, or dental treatment or procedure is competent to consent thereto on his or her own behalf, and any health care provider shall rely upon such consent if given pursuant to the terms of RCW 7.70.060. In determining whether a minor is competent to give consent to hospital, medical, or dental treatment or procedures, a health care provider may consider the minor's age, maturity, training, and experience, and the control or absence of the minor's parents.
     (2) Before a minor may consent on his or her own behalf for a nonemergency surgical procedure, the health care provider must ensure that one additional health care provider explains the need for, nature of, and significant risks ordinarily inherent in the treatment. Once the minor has received explanations from two health care providers, the minor may give or withhold consent, subject to subsection (1) of this section.
     (3) A health care provider or medical facility is not liable for the examination and treatment of a minor under this section except for the provider's or the facility's own acts of negligence or intentional misconduct.
     (4) Consent to hospital, medical, dental, and surgical treatment under this section is not subject to disaffirmance by a health care provider because the person giving consent is a minor.