HB 2396 would amend current law relating to access to nonemergency, outpatient, and primary health care services for unaccompanied homeless youth under the federal McKinney-Vento homeless assistance act. The proposed amendments would allow for informed consent for health care for a patient under age of majority to be obtained from a school nurse, counselor, or homeless student liaison when: 1) consent is necessary for nonemergency, outpatient, primary care services (excluding elective surgeries), 2) the patient meets the definition of a “homeless child or youth” under the federal McKinney-Vento homeless education assistance improvements act of 2001, or 3) the patient is not under the supervision or control of a parent, custodian, or legal guardian. Additionally, a person consenting to this care and the person’s employing school are not liable for any care or payment for care. They must also provide written notice of their exemption from liability to the person providing care.
As amended, the bill exempts employing school districts, as well as consenting individuals and schools, from liability for care or payment of care for which school nurses, counselors, or homeless student liaisons provide consent. In addition, the substitute bill requires that the consenting individual act in good faith or that the medical care be in the patient's best interest as a condition of exemption from liability.