Emergency outpatient mental health treatment for minors. (FE)

What it does

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill allows a treatment director to provide outpatient mental health treatment to children for 30 days without first obtaining informed consent if 1) an emergency situation exists, or time and distance requirements preclude obtaining written consent before beginning outpatient mental health treatment, and potential harm will come to the child or others if treatment is not initiated before written consent is obtained; and 2) a reasonable effort was made to obtain consent from the child's parent or guardian. During the 30-day treatment period, the treatment director of the outpatient mental health treatment provider must either obtain informed, written consent of a parent or guardian of the child or, if consent is not obtained, file a petition to initiate a review of outpatient mental health treatment of a minor under the current law procedure. Under the 30-day emergency treatment period established in the bill, no one may prescribe medications to the child seeking mental health treatment or admit the child to any inpatient facility without consent of the child's parent or guardian. Similar to the current procedure for billing a child for alcohol and other drug services, the bill requires the treatment director of the outpatient mental health treatment provider to obtain the child's consent before billing a third party for services provided under this bill when consent of a parent or guardian has not been obtained. If the child does not consent to billing a third party, the child is responsible for paying for the services, which the Department of Health Services must bill to the child with the fee based solely on the child's ability to pay.

Review of outpatient mental health treatment of children 14 years of age or older is unchanged by this bill. Currently, the review may be instigated by a child who is 14 years of age or older, or a person acting on the minor's behalf, and whose parent or guardian refuses or is unable to provide informed consent for outpatient mental health treatment or by a treatment director of a facility providing treatment to a child despite the child's refusal to consent. Within 21 days after the filing of a petition for review, a mental health review officer designated by the court must hold a hearing on the petition and must order either that informed consent by the parent or guardian is not required to treat the child or that treatment of the child is appropriate despite the child's objection, whichever is appropriate. After the mental health review officer's order, the child or someone acting on the child's behalf may petition the court for judicial review.

Who's behind it

13 lawmakers are its authors⁠. 8 are Republicans and 5 are Democrats.

5 more lawmakers signed on in support⁠.

What it would cost

State agencies filed a cost estimate. Each opens as a PDF from the Legislature.

• Fiscal Estimate From DHS

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

• Amendment Histories
• LC Amendment Memo