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Bill > SB70

WI SB70

A minor’s authority to consent to health care.

summary

Introduced
02/26/2025
In Committee
03/14/2025
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 LRB-0487/1 EHS:cdc 2025 - 2026 Legislature SENATE BILL 70 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 establishes a framework for unaccompanied youth aged 14 and older to consent to medical care without parental permission under specific circumstances. The bill defines "medically necessary care" as a medical service that meets nine detailed standards, including being consistent with the patient's symptoms, following acceptable quality of care standards, and being proven medically valuable. An "unaccompanied youth" is defined according to federal law as a homeless youth not in the physical custody of a parent or guardian. To qualify for self-consent, the minor must not be under supervision of child welfare agencies, corrections, or the court, and must have their status as an unaccompanied youth confirmed in writing by an authorized professional such as a school liaison, social worker, shelter employee, or service organization director. The bill provides legal protection for healthcare professionals who provide care to such minors based on their consent, though it does not shield them from liability for medical negligence. Additionally, the bill clarifies that being identified as an unaccompanied youth does not automatically indicate abuse or neglect, and it does not override mandatory reporting requirements or affect existing rights for medical treatment consent under other chapters of law.

Committee Categories

Health and Social Services

Sponsors (19)

Last Action

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

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