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SENATE BILL NO. 90
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY SENATORS GIESSEL, Tobin, Claman
Introduced: 2/10/25
Referred: Health & Social Services, Finance
A BILL
FOR AN ACT ENTITLED
"An Act relating to the examinati on and treatment of minors; re lating to consent for 1
behavioral and mental health trea tment for minors 16 years of a ge or older; and 2
providing for an effective date." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. AS 25.20.025(a) is amended to read: 5
(a) Except as prohibited under AS 18.16.010(a)(3), 6
(1) a minor who provides documentation required under (d) of this 7
section demonstrating that the m inor is an unaccompanied homele ss minor or a 8
minor who is living apart from the minor's parents or legal gua rdian and who is 9
managing the minor's own financial affairs, regardless of the s ource or extent of 10
income, may give consent for medical, behavioral, mental health, and dental services 11
for the minor; 12
( 2 ) a m i n o r m a y g i v e c o n s e n t for medical and dental services i f the 13
parent or legal guardian of th e minor cannot be contacted or, i f contacted, is unwilling 14
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either to grant or withhold consent; however, where the parent or legal guardian 1
cannot be contacted or, if contacted, is unwilling either to grant or to withhold consent, 2
the provider of medical or dent al services shall counsel the mi nor keeping in mind not 3
only the valid interests of the minor but also the valid intere sts of the parent or 4
guardian and the family unit as best the provider presumes them; 5
(3) a minor who is the parent of a child may give consent to m edical, 6
behavioral, mental health, and dental services for the minor or the child; 7
(4) a minor may give consent for diagnosis, prevention or trea tment of 8
pregnancy, and for diagnosis and treatment of venereal disease; 9
(5) the parent or guardian of t he minor is relieved of all fin ancial 10
obligation to the provider of the service under this section. 11
* Sec. 2. AS 25.20.025 is amended by adding a new subsection to read: 12
(d) To establish that a minor is a homeless unaccompanied mino r for purposes 13
of giving consent under (a)(1) of this section, the minor must possess documentation 14
stating that the minor is 16 years of age or older, does not ha ve a fixed, regular, 15
adequate nighttime residence, and is not in the care and physical custody of a parent or 16
guardian. The document must be signed by 17
(1) a director or the designee of a director of a governmental o r 18
nonprofit entity that receives public or private funding to pro vide services to 19
individuals who are homeless; 20
(2) a local educational agency liaison for homeless children a nd youth 21
designated under 42 U.S.C. 11432(g)(1)(J)(ii), a local educatio nal agency foster care 22
point of contact designated under 20 U.S.C. 6312(c)(5)(A), or a licensed clinical social 23
worker employed by a school in the state; 24
(3) an attorney who represents the minor in any legal matter; or 25
(4) the minor and two adults w ith actual knowledge of the mino r's 26
circumstances. 27
* Sec. 3. AS 25.20 is amended by adding a new section to read: 28
Sec. 25.20.028. Behavioral and mental health treatment of minor s. ( a ) A 29
minor who is 16 years of age or older may give consent to recei ve outpatient 30
behavioral or mental health ser vices from a mental health provi der for up to five 31
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outpatient appointments of up to 90 minutes each. A mental heal th provider may not 1
prescribe medication to a minor receiving behavioral or mental health services without 2
obtaining the consent of the mi nor's parent or guardian. After the fifth appointment, a 3
mental health provider may continue to provide behavioral or mental health services to 4
the minor only as provided in (b) or (c) of this section. 5
(b) Not later than the fifth appointment and upon consultation with the minor, 6
the mental health provider, in conjunction with the provider's supervisor if the mental 7
health provider has a supervisor , shall determine whether attem pting to obtain the 8
consent of the minor's parent or guardian to provide behavioral or mental health 9
services would be detrimental to the minor's well-being. Attemp ting to obtain the 10
consent of the minor's parent or guardian would be detrimental t o t h e m i n o r ' s w e l l -11
being if 12
(1) the behavioral or mental health services are related to allegations of 13
neglect, sexual abuse, or mental or physical abuse by the minor 's parent or guardian; 14
or 15
(2) the mental health provider finds that 16
(A) requiring the consent of the minor's parent or guardian 17
would cause the minor to reject behavioral or mental health services; 18
(B) failing to provide behavioral or mental health services to 19
the minor would be detrimental to the minor's well-being; 20
(C) the minor sought behaviora l or mental health services 21
knowingly and voluntarily; and 22
(D) the minor has the maturity to productively participate in 23
behavioral or mental health services. 24
(c) If the mental health provider determines that attempting t o obtain the 25
consent of the minor's parent or guardian would not be detrimental to the minor's well-26
being, the mental health provider shall inform the minor that the consent of the minor's 27
parent or guardian is required to continue providing behavioral o r m e n t a l h e a l t h 28
services to the minor. The ment al health provider shall discont inue behavioral or 29
mental health services to a minor who does not permit the menta l health provider to 30
obtain the consent of the minor's parent or guardian and notify the minor's parent or 31
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guardian that the services were provided. If the minor permits the mental health 1
provider to obtain the consent of the minor's parent or guardia n, the mental health 2
provider shall make reasonable a ttempts to obtain that consent. The mental health 3
provider shall document each attempt to obtain consent in the m inor's clinical record. 4
The mental health provider may c ontinue to provide behavioral o r mental health 5
services to the minor without the consent of the minor's parent or guardian if 6
(1) the mental health provider has made at least two unsuccess ful 7
attempts to contact the minor's parent or guardian to obtain consent by mail, electronic 8
mail, or telephone; and 9
(2) the mental health provider has the written consent of the minor. 10
(d) If the mental health provider determines that attempting t o obtain the 11
consent of the minor's parent or guardian would be detrimental t o t h e m i n o r ' s w e l l -12
being, the mental health provider shall document the basis for the determination in the 13
minor's clinical record. The mental health provider may continue to provide behavioral 14
or mental health services to the minor upon the minor's written consent. The mental 15
health provider and the mental health provider's supervisor, if the mental health 16
provider has a supervisor, shall evaluate the determination mad e under (b) of this 17
section every 60 days until either the mental health provider d iscontinues providing 18
services to the minor or the minor turns 18 years of age. 19
(e) A mental health provider may not inform the parent or guardian of a minor 20
receiving behavioral or mental health services under (d) of thi s section of those 21
services without the written cons ent of the minor. A mental hea lth provider shall 22
inform a minor before disclosing to the minor's parent or guard ian information 23
regarding any behavioral or mental health services provided to the minor. The mental 24
health provider may not disclose the information to the parent or guardian if the minor 25
discontinues the behavioral or mental health services upon bein g informed of the 26
mental health provider's intent. A mental health provider may deny a minor's parent or 27
guardian access to any part of the minor's clinical record if t he mental health provider 28
has compelling reasons for the denial. 29
(f) The parent or guardian of a minor is relieved of all finan cial obligation to 30
the provider of a service under this section. 31
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(g) Nothing in this section ma y be construed to remove liabili ty of the person 1
performing the examination or treatment for failure to meet the standards of care 2
common throughout the health professions in the state or for intentional misconduct. 3
(f) In this section, "mental health provider" means a behavior al health 4
professional as defined in AS 14.30.174(b) and a mental health professional as defined 5
in AS 47.30.915. 6
* Sec. 4. AS 47.10.084(c) is amended to read: 7
(c) When there has been transfer of legal custody or appointment of a guardian 8
and parental rights have not been terminated by court decree, t he parents shall have 9
residual rights and responsibilities. These residual rights and responsibilities of the 10
parent include, but are not limite d to, the right and responsib ility of reasonable 11
visitation, consent to adoption, consent to marriage, consent t o military enlistment, 12
consent to major medical treatment except in cases of emergency or cases falling 13
under AS 25.20.025 or 25.20.028, and the responsibility for support, except if by court 14
order any residual right and responsibility has been delegated to a guardian under (b) 15
of this section. In this subsection, "major medical treatment" includes the 16
administration of medication used to treat a mental health disorder. 17
* Sec. 5. AS 47.12.150(c) is amended to read: 18
(c) When there has been transfer of legal custody or appointment of a guardian 19
and parental rights have not been terminated by court decree, t he parents shall have 20
residual rights and responsibilities. These residual rights and responsibilities of the 21
parent include the right and responsibility of reasonable visit ation, consent to 22
adoption, consent to marriage, consent to military enlistment, consent to major 23
medical treatment except in cases of emergency or cases falling under AS 25.20.025 24
or 25.20.028, and the responsibility for support, except if by court order any residual 25
right and responsibility has been delegated to a guardian under (b) of this section. 26
* Sec. 6. This Act takes effect January 1, 2026. 27