Assembly Bill A6761

2023-2024 Legislative Session

Allows certain minors to consent to certain medical, dental, health, and hospital services

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A6761 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §§2504, 2305, 17, 18 & 2168, Pub Health L; amd §§9.13, 22.11, 33.21 & 33.16, Ment Hyg L; amd §§372, 373-a & 366, add §373-b, Soc Serv L; add §3244, Ins L

2023-A6761 (ACTIVE) - Summary

Allows homeless youth to give effective consent to certain medical, dental, health, and hospital services; provides for insurance coverage of such health care services consented to by such youth.

2023-A6761 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6761
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health  law,  the  mental  hygiene  law,  the
   social  services  law,  and the insurance law, in relation to allowing
   certain youth to give effective consent to  medical,  dental,  health,
   and/or hospital services and immunizations

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2, 4, 5, and 6 of section 2504 of  the  public
 health law, subdivision 2 as amended by chapter 119 of the laws of 2005,
 subdivision 4 as amended by chapter 623 of the laws of 2019, subdivision
 5 as added and subdivision 6 as renumbered by chapter 521 of the laws of
 1994  and subdivision 6 as added by chapter 769 of the laws of 1972, are
 amended and a new subdivision 8 is added to read as follows:
   2. Any person who has been married or who has borne a child  may  give
 effective  consent for medical, dental, health and hospital services for
 his [or], her, OR THEIR child. Any person who has been designated pursu-
 ant to title fifteen-A of article five of the general obligations law as
 a person in parental relation to a child may  consent  to  any  medical,
 dental, health and hospital services for such child for which consent is
 otherwise  required  [which  are  not:  (a)  major  medical treatment as
 defined in subdivision (a) of section 80.03 of the mental  hygiene  law;
 (b)  electroconvulsive  therapy; or (c) the withdrawal or discontinuance
 of medical treatment which is sustaining life functions].
   4. Medical, dental, health and hospital services may  be  rendered  to
 persons  of  any  age without the consent of a parent, legal guardian or
 person possessing a lawful order of custody when, in  the  [physician's]
 PRACTITIONER'S  judgment, an emergency exists and the person is in imme-
 diate need of medical attention and an attempt to secure  consent  would
 result  in  delay  of  treatment  which  would  increase the risk to the
 person's life or health.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10800-01-3
              

Comments

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Anonymous
7 months ago

Up to now most of these bills only allowed for vaccines to be given to minors without parental consent, but A6761 cuts to a core goal of the medical services and products industry: it completely eliminates parents’ right to make medical decisions for their children. Children of any age could be given drugs, including psychiatric drugs, vaccines, dental procedures, hospitalization, and surgery without parental knowledge or consent, and allows Medicaid funds to pay for anything that is done to the child. This is simply the worst children’s health bill ever. A6761 extends the loss of parental rights already in place for runaways to all children

A6761 is about allowing trans surgery and medical procedures for all children, not just runaways and homeless minors, without parental consent, and getting the taxpayer to foot the bill.

This purpose is clear in a memo from the New York Civil Liberties Union in support of A6761, “In many cases, and in particular for sensitive care, young people will not seek health care if they are required to involve a parent or their confidentiality is compromised.”

The bill goes far beyond trans procedures. If A6761 passes any time a child is at a school health clinic, a health fair, or any other place where they interact with the medical services and procedures industry things could be done to children that parents will never know about.
Legislators need to consider these issues:

How can the legislators agree that completely removing parental involvement in a child’s healthcare can possibly be a good thing?

There is NO minimum age.

This bill is based on the presumption that parents are not to be trusted with their children’s healthcare and that the child knows better.

The decision of whether a child “comprehends the need for, the nature of and the reasonably foreseeable risks and benefits” of a medical procedure is left solely to the discretion of people who could have direct financial or professional interest in performing the procedure.

What happens if there are side effects or other adverse reactions and the parent has no idea what has been done to their children? Parents will still be legally responsible for the care of the child but they and medical professionals will not have the information necessary to provide potentially life-saving care.

Do children know enough about their own personal and familial medical history to make life altering medical decisions.

Nothing in the bill prevents children from “consenting” to participating in medical experiments.

New York, like all states, already has a process for minors who no longer want to be under their parents’ direction. Any minor can apply for emancipation from their parents. This bill in effect partially emancipates all children without due process.
There are no protections for developmentally disabled minors, especially those who are not visibly disabled.

The minimum age for everything is being raised, but lowered for medical procedures and drugs
For more than a decade, New York legislators have been steadily raising the minimum age for minors to do everything from using tanning salons to buying tobacco to getting married. Yet in the world view expressed in A6761, a 12-year-old is not mature enough to go to a tanning salon but he or she is old enough to decide to remove healthy organs.
Oppose A6761!

Jonathan.sullivan
4 months ago

This bill is absolutely disgusting. A "homeless" child still has a parent or a guardian who is responsible for medical decisions. How about creating a bill that deals with why there are homeless children in New York state. Just another way to inch towards the twisted democrat utopia of taking away child consent. We are the new California. Vote no!

lmancuso418
4 months ago

I only started reading and on the first page, these statements sound off alarms for me:
17 4. Medical, dental, health and hospital services may be rendered to
18 persons of any age without the consent of a parent, legal guardian or
19 person possessing a lawful order of custody when, in the [physician's]
20 practitioner's judgment, an emergency exists and the person is in imme-
21 diate need of medical attention and an attempt to secure consent would
22 result in delay of treatment which would increase the risk to the
23 person's life or health.

No medical procedures including vaccinations can be consented to by a minor in my opinion. I expect more within this bill to raise alarms. Children do not have the capacity nor the financial means to approve of any medical procedures, including vaccinations. Thank you.

Laurie Mancuso

Dawn_Harrington
4 months ago

This is an absolutely detestable Bill! The Government DOES NOT OWN "OUR" CHILDREN and, as CHILDREN, they should not be allowed to make any medical decisions without parental knowledge...NOT EVER!

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