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Bill > AB49


WI AB49

A minor’s authority to consent to health care.


summary

Introduced
02/17/2025
In Committee
02/17/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

This bill allows a minor who is an unaccompanied youth to consent to, contract for, and receive medically necessary care without a parent[s or guardian[s permission, authority, or consent under certain circumstances. The bill defines Xunaccompanied youthY as the term is defined under federal law, which is a homeless youth not in the physical custody of a parent or guardian. The bill defines Xmedically necessary careY as a medical service that is required to prevent, identify, or treat a recipient[s illness, injury, or disability and that meets a set of standards specified in the bill. Under the bill, in order to consent to health care, such a minor must be at least 14 years of age and must not be under the supervision of a county department of human services or social services, a licensed child welfare agency, the Department of Children and Families, or the Department of Corrections. Also under the bill, one of the following must confirm in writing that the minor is an unaccompanied youth: a local educational agency liaison for homeless children and youths designated under federal law, a school social worker or counselor, an employee who conducts intake at a shelter facility or transitional living program where the minor has been admitted as an unaccompanied youth under current law, or the director, or his or her designee, of a governmental or nonprofit entity that receives public or private funding to provide services to individuals who are homeless or to unaccompanied youth. Under the bill, a professional who provides medically necessary care to a minor based on the minor[s consent given in conformity with the bill may not be held liable in a civil or criminal action for providing those services without having obtained permission from the minor[s parent or guardian.

AI Summary

This bill allows unaccompanied youth (homeless youth not in the physical custody of a parent or guardian) who are at least 14 years old to consent to medically necessary healthcare without parental permission. To do so, the minor must not be under supervision of certain government agencies or court systems, and their status as an unaccompanied youth must be confirmed in writing by specific authorized individuals, such as a school social worker, homeless youth liaison, shelter intake employee, or director of a homeless youth service organization. The bill carefully defines "medically necessary care" with nine specific standards, including that the medical service must be consistent with the patient's symptoms, meet quality care standards, be medically appropriate, and not be experimental or solely for convenience. Healthcare professionals who provide care to such minors based on their consent are protected from civil or criminal liability for treating the minor without parental consent, though they remain liable for potential medical negligence. The bill also clarifies that being identified as an unaccompanied youth does not automatically indicate abuse or neglect, and does not override mandatory reporting requirements or existing minor treatment consent laws.

Committee Categories

Health and Social Services

Sponsors (19)

Last Action

Representative Billings added as a coauthor (on 03/24/2025)

bill text


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