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H.96

Introduced by   Representatives LaVoie of Swanton, Branagan of Georgia, Dunsmore of Georgia, Endres of Milton, Gervais of Enosburg, Marron of Stowe, McAllister of Highgate, Parent of St. Albans City, Pillsbury of Brattleboro, Rodgers of Glover and Winters of Swanton

Referred to Committee on

Date:

Subject:  Drugs and alcohol; testing and counseling of minors; parental consent

Statement of purpose:  This bill proposes to permit a parent or legal guardian to consent to drug or alcohol testing or counseling for a minor under the age of 16.  If consent is given by the parent or legal guardian, the consent of the minor is not necessary to authorize the testing or counseling

AN ACT RELATING TO A PARENT CONSENTING TO DRUG OR ALCOHOL TESTING OR COUNSELING FOR A MINOR UNDER THE AGE OF 16

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  18 V.S.A. § 4226 is amended to read:

§ 4226.  MINORS; TREATMENT; CONSENT

(a)  If a minor twelve 12 years of age or older is suspected either (1) to be dependent upon regulated drugs as defined in section 4201 of this title, or (2) to have venereal disease, or (3) to be an alcoholic as defined in section 8401 of this title, and the finding of such dependency or disease or alcoholism is verified by a licensed physician, the minor may give (1) his consent to medical treatment and hospitalization, and, (2) in the case of a drug dependent or alcoholic person, non-medical nonmedical inpatient or outpatient treatment at a program approved by the agency of human services to provide treatment for drug dependency or alcoholism if deemed necessary by the examining physician for diagnosis or treatment of such dependency or disease or alcoholism.  Consent under this section subsection shall not be subject to disaffirmance due to minority of the person consenting.  The consent of the parent or legal guardian of a minor consenting under this section shall not be necessary to authorize care as described above in this subsection.

(b)  A parent or legal guardian of a minor under the age of 16 may consent to drug or alcohol testing or counseling for the minor.  If consent is given by the parent or legal guardian, the consent of the minor shall not be necessary to authorize testing or counseling under this subsection.  Drug or alcohol counseling under this subsection shall be conducted by an alcohol or drug abuse counselor licensed by the department of health or by a program approved by the department of health to provide treatment for drug dependency or alcoholism.

(c)  The parent, parents, or legal guardian shall be notified by the physician if the condition of a minor child requires immediate hospitalization as the result of drug usage, or alcoholism or for the treatment of a venereal disease.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us