Health care/minors

AN ACT Relating to greater consistency in the provision of health 1
care services for minors under the age of 17; amending RCW 70.24.110, 2
71.34.500, 71.34.510, 71.34.520, and 71.34.530; adding a new section 3
to chapter 9.02 RCW; and adding a new section to chapter 26.28 RCW.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 70.24.110 and 2020 c 76 s 7 are each amended to read 6
as follows: 7
A minor ((fourteen)) 17 years of age or older who may have come 8
in contact with any sexually transmitted disease or suspected 9
sexually transmitted disease may give consent to the furnishing of 10
hospital, medical, and surgical care related to the diagnosis or 11
treatment of such disease; and treatment to avoid HIV infection. Such 12
consent shall not be subject to disaffirmance because of minority. 13
The consent of the parent, parents, or legal guardian of such minor 14
shall not be necessary to authorize hospital, medical, and surgical 15
care related to such disease, and such parent, parents, or legal 16
guardian shall not be liable for payment for any care rendered 17
pursuant to this section. 18
Sec. 2. RCW 71.34.500 and 2020 c 302 s 74 are each amended to 19
read as follows: 20
H-0285.1
HOUSE BILL 1176
State of Washington 69th Legislature 2025 Regular Session
By Representatives Walsh, Corry, Jacobsen, Couture, and Marshall
Prefiled 01/07/25. Read first time 01/13/25. Referred to Committee
on Health Care & Wellness.
p. 1 HB 1176
(1) ((An adolescent)) A minor 17 years of age or older may admit 1
himself or herself to an evaluation and treatment facility for 2
inpatient mental health treatment or an approved substance use 3
disorder treatment program for inpatient substance use disorder 4
treatment without parental consent. The admission shall occur only if 5
the professional person in charge of the facility concurs with the 6
need for inpatient treatment. Parental authorization, or 7
authorization from a person who may consent on behalf of the minor 8
pursuant to RCW 7.70.065, is required for inpatient treatment of a 9
minor under the age of ((thirteen)) 17. 10
(2) When, in the judgment of the professional person in charge of 11
an evaluation and treatment facility or approved substance use 12
disorder treatment program, there is reason to believe that a minor 13
is in need of inpatient treatment because of a behavioral health 14
disorder, and the facility provides the type of evaluation and 15
treatment needed by the minor, and it is not feasible to treat the 16
minor in any less restrictive setting or the minor's home, the minor 17
may be admitted to the facility. 18
(3) Written renewal of voluntary consent must be obtained from 19
the applicant no less than once every ((twelve)) 12 months. The 20
minor's need for continued inpatient treatments shall be reviewed and 21
documented no less than every ((one hundred eighty)) 180 days.22
Sec. 3. RCW 71.34.510 and 2019 c 381 s 4 are each amended to 23
read as follows: 24
(1) The professional person in charge of an evaluation and 25
treatment facility shall provide notice to the parent of ((an 26
adolescent)) a minor 17 years of age or older when the ((adolescent)) 27
minor is voluntarily admitted to inpatient treatment under RCW 28
71.34.500 solely for mental health treatment and not for substance 29
use disorder treatment, unless the professional person has a 30
compelling reason to believe that such disclosure would be 31
detrimental to the ((adolescent)) minor or contact cannot be made, in 32
which case the professional person must document the reasons in the 33
((adolescent's)) minor's medical record. 34
(2) The professional person in charge of an evaluation and 35
treatment facility or an approved substance use disorder treatment 36
program shall provide notice to the parent of ((an adolescent )) a 37
minor 17 years of age or older voluntarily admitted to inpatient 38
treatment under RCW 71.34.500 for substance use disorder treatment 39
p. 2 HB 1176
only if: (a) The ((adolescent)) minor provides written consent to the 1
disclosure of the fact of admission and such other substance use 2
disorder treatment information in the notice; or (b) permitted by 3
federal law. 4
(3) If the professional person withholds notice to a parent under 5
subsection (1) of this section, or such notice cannot be provided, 6
the professional person in charge of the facility must consult the 7
information that the Washington state patrol makes publicly available 8
under RCW 43.43.510(2) at least once every eight hours for the first 9
((seventy-two)) 72 hours of treatment and once every ((twenty-four)) 10
24 hours thereafter while the ((adolescent)) minor continues to 11
receive inpatient services and until the time that the professional 12
person contacts a parent of the ((adolescent)) minor. If the 13
((adolescent)) minor is publicly listed as missing, the professional 14
person must immediately notify the department of children, youth, and 15
families of its contact with the youth listed as missing. The 16
notification must include a description of the ((adolescent's)) 17
minor's physical and emotional condition. 18
(4) The notice required under subsections (1) and (2) of this 19
section shall be in the form most likely to reach the parent within 20
((twenty-four)) 24 hours of the ((adolescent's)) minor's voluntary 21
admission and shall advise the parent: (a) That the ((adolescent)) 22
minor has been admitted to inpatient treatment; (b) of the location 23
and telephone number of the facility providing such treatment; (c) of 24
the name of a professional person on the staff of the facility 25
providing treatment who is designated to discuss the ((adolescent's)) 26
minor's need for inpatient treatment with the parent; and (d) of the 27
medical necessity for admission. Notification efforts under 28
subsections (1) and (2) of this section shall begin as soon as 29
reasonably practicable, considering the ((adolescent's)) minor's 30
immediate medical needs. 31
Sec. 4. RCW 71.34.520 and 2019 c 381 s 5 are each amended to 32
read as follows: 33
(1) Any ((adolescent)) minor 17 years of age or older voluntarily 34
admitted to an evaluation and treatment facility or approved 35
substance use disorder treatment program under RCW 71.34.500 may give 36
notice of intent to leave at any time. The notice need not follow any 37
specific form so long as it is written and the intent of the 38
((adolescent)) minor can be discerned. 39
p. 3 HB 1176
(2) The staff member receiving the notice from a minor 17 years 1
of age or older shall date it immediately and record its existence in 2
the ((adolescent's)) minor's clinical record. 3
(a) If the evaluation and treatment facility is providing the 4
((adolescent)) minor solely with mental health treatment and not 5
substance use disorder treatment, copies of the notice must be sent 6
to the ((adolescent's)) minor's attorney, if any, the designated 7
crisis responders, and the parent. 8
(b) If the evaluation and treatment facility or substance use 9
disorder treatment program is providing the ((adolescent)) minor with 10
substance use disorder treatment, copies of the notice must be sent 11
to the ((adolescent's)) minor's attorney, if any, the designated 12
crisis responders, and the parent only if: (i) The ((adolescent)) 13
minor provides written consent to the disclosure of the 14
((adolescent's)) minor's notice of intent to leave and such other 15
substance use disorder information; or (ii) permitted by federal law.16
(3) The professional person shall discharge the ((adolescent)) 17
minor 17 years of age or older from the facility by the second 18
judicial day following receipt of the ((adolescent's)) minor's notice 19
of intent to leave. 20
Sec. 5. RCW 71.34.530 and 2019 c 381 s 6 are each amended to 21
read as follows: 22
Any ((adolescent)) minor 17 years of age or older may request and 23
receive outpatient treatment without the consent of the 24
((adolescent's)) minor's parent. Parental authorization, or 25
authorization from a person who may consent on behalf of the minor 26
pursuant to RCW 7.70.065, is required for outpatient treatment of a 27
minor under the age of ((thirteen)) 17. 28
NEW SECTION. Sec. 6. A new section is added to chapter 9.02 RCW 29
to read as follows: 30
Notwithstanding any provision of law to the contrary:31
(1) A parent or legal guardian of a minor under the age of 17 may 32
not be held financially responsible for services related to an 33
abortion received by the minor if the parent or legal guardian did 34
not consent to such services; and 35
(2) The state may not expend any funds to permit a minor under 36
the age of 17 to voluntarily terminate a pregnancy without the 37
consent of the minor's parent or legal guardian, unless, as 38
p. 4 HB 1176
determined by the reasonable, good faith clinical judgment of the 1
patient's primary care physician, the life of the minor is in 2
imminent danger because of a serious physical disorder, illness, or 3
injury if the termination of the pregnancy is not performed.4
NEW SECTION. Sec. 7. A new section is added to chapter 26.28 5
RCW to read as follows: 6
A minor under the age of 17 may not provide informed consent for 7
a health care procedure unless statutorily authorized to do so under 8
this code. The legislature hereby declares the principle of implied 9
emancipation, also known as the mature minor rule, as articulated in 10
Smith v. Seibly , 72 Wn.2d (1967), to be abolished to the extent it 11
conflicts with this section. 12
NEW SECTION. Sec. 8. If any provision of this act or its 13
application to any person or circumstance is held invalid, the 14
remainder of the act or the application of the provision to other 15
persons or circumstances is not affected.16
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p. 5 HB 1176