BILL ANALYSIS Ó SENATE JUDICIARY COMMITTEE Senator Noreen Evans, Chair 2011-2012 Regular Session AB 499 (Atkins) As Introduced Hearing Date: June 14, 2011 Fiscal: No Urgency: No EDO SUBJECT Minors: Medical Care: Consent DESCRIPTION Existing law authorizes a minor, who is 12 years of age or older, to consent to medical care related to the diagnosis or treatment of a sexually transmitted disease. This bill would additionally authorize a minor, who is 12 years of age or older, to consent to medical care related to the prevention of a sexually transmitted disease. BACKGROUND While the age of majority in California is 18 years old, there are several statutes allowing minors to consent to various services without the authorization of their parents and without disaffirmance upon reaching the majority age. Specifically, California has for years provided that minors, 12 years of age and older, may consent to medical care related to the diagnosis or treatment of an infectious, contagious, or communicable disease if it is related to a sexually transmitted disease. Parents of a minor who has consented to the specified medical care under this section are not liable for payment of the services rendered. State law also authorizes a minor to consent to the prevention and treatment of pregnancy. Last year, SB 543 (Leno, Chapter 503, Statutes of 2010) authorized a minor, who is 12 years of age or older, to consent to mental health treatment or counseling on an outpatient basis or to residential shelter services, if specified conditions are (more) AB 499 (Atkins) Page 2 of ? met. This bill, co-sponsored by the California STD Controllers Association, American Congress of Obstetricians and Gynecologists, District IX and the Health Officers Association of California, would additionally authorize a minor, age 12 and older, to consent to medical care for the prevention of a sexually transmitted disease. CHANGES TO EXISTING LAW Existing law provides that a minor who is 12 years of age or older who might have come into contact with a contagious, infectious, or communicable disease may consent to medical care related to the diagnosis or treatment of that disease if the disease or condition is one that is required by law to be reported to the local health officer, or is a sexually transmitted disease as determined by the State Director of Health Services. (Fam. Code Sec. 6926 (a).) Existing law provides that the parents of a minor who has consented to medical treatment for a communicable or sexually transmitted disease are not liable for payment for that care. (Fam. Code Sec. 6926 (b).) Existing law provides that a minor may consent to medical care related to the prevention or treatment of pregnancy. (Fam. Code Sec. 6925 (a).) Existing law provides that a minor's consent under minor consent statutes cannot be subject to disaffirmance because of minority. (Fam. Code Sec. 6921.) Existing law provides that a minor who is 12 years old or older who is alleged to have been raped may consent to diagnosis and treatment of that condition. (Fam. Code Sec. 6927.) Existing law allows a minor alleged to have been sexually assaulted to consent to medical care related to the diagnosis and treatment of that condition. (Fam. Code Sec. 6928 (b).) Existing law allows a minor to consent to medical care related to the diagnosis or treatment of a drug or alcohol-related problem. (Fam. Code Sec. 6929 (b).) Existing law provides that a minor may consent to medical or AB 499 (Atkins) Page 3 of ? dental care if that minor is over the age of 15, living separate and apart from his or her parents whether with or without his or her parents' consent, and managing his or her own financial affairs. (Fam. Code Sec. 6922 (c).) This bill would authorize a minor, who is 12 years of age or older, to consent to medical care related to the prevention of a sexually transmitted disease. COMMENT 1. Stated need for the bill The author writes: There is a gap in the law relative to prevention of sexually transmitted diseases (STDs). Existing law only specifies the ability to consent to diagnosis and treatment. This omission creates a barrier to time-critical preventive services. At the time the law was passed, the preventive options we have today did not exist. We now have time-critical prevention services for sexually transmitted diseases. Examples include the hepatitis B vaccines, prophylactic post-exposure HIV medications (which must be given within 72 hours of exposure) and HPV vaccine which, if given before exposure, can significantly reduce the risk of certain cancers and abnormal, precancerous cervical cell changes and genital warts. In addition to these diseases being sexually transmitted, they also have in common that they can be life-long and are only treatable, not curable. The treatments can be costly in both financial terms and quality of life. These services are . . . time-sensitive, and there are long-term health implications if there is a failure to obtain the services. All of these therapies need to be provided in a timely fashion to prevent significant harm. Some adolescents, AB 499 (Atkins) Page 4 of ? from difficult family situations, will either delay or simply fail to obtain services if confronted with a legal requirement of parental consent. The co-sponsor of the bill, the Executive Committee of the California STD Controllers Association writes, "While most teens involve their parents in medical decisions, even those involving sensitive subjects, we need to allow for those minors who can't or won't include their parents. The current requirement that minors obtain parental consent for STD prevention services has resulted in missed and denied opportunities for minors to receive vital and time-sensitive medical care. The need to provide prevention services to this population is essential." The Health Officers Association of California, the co-sponsor of this bill states, "Prevention of communicable disease is a primary goal of public health. Prevention allows physicians to stop diseases before they start, avoiding unnecessary pain, disability, and medical costs. Preventive measures for STDs include counseling, age-appropriate education, distribution of prophylaxis, and vaccination against Hepatitis B and HPV. Prevention is a vital part of comprehensive care. Provision of confidential prevention services will help California's physicians protect the health of our young people." Also co-sponsoring the bill, the American Congress of Obstetricians and Gynecologists, District IX (ACOG-IX) writes: The reality is that teens have the highest rate of sexual violence, with 1 in 6 women and 1 in 33 men reporting sexual assault in their lifetimes. Among victims of Ýsexual] violence, the highest rate exists for those 25 years of age and below. Thus, teens are at particular risk. What is of utmost concern to ACOG-IX is teen health and safety. Previous legislatures, in passing current minor consent laws, have also taken this position. ACOG policy is to encourage minors to include their parents in medical decisions. However for some teens, good family communication is not possible and actually may be dangerous. The California Supreme Court in a 1997 opinion concluded that forcing parent communication about sensitive health care can actually endanger teens physically and emotionally and "exacerbate the instability and dysfunctional nature of the family relationship." 2. Precedent in the law allowing minors to access medical services without parental consent AB 499 (Atkins) Page 5 of ? This bill would authorize a minor, 12 years of age or older, to consent to medical care for the prevention of a sexually transmitted disease. Under current law minors are allowed to seek certain services without the consent of their parents or guardians. For example, a minor may consent to medical care for the prevention or treatment of a pregnancy (Fam. Code Sec. 6925); medical care relating to rape or sexual assault (Fam. Code Secs. 6927-6928); medical care and counseling relating to the treatment of a drug or alcohol related problem (Fam. Code Sec. 6929); and, as it specifically relates to this bill, treatment of communicable diseases if related to a sexually transmitted disease (STD) (Fam. Code Sec. 6926). Thus, there is precedent in the law which makes exceptions to the general requirement that minors must have parental consent when receiving certain medical treatment or counseling. These exceptions have generally been made when there is a compelling public policy rationale for making services and treatments more accessible to minors, and where the requirement of parental consent would deter minors from otherwise seeking these services. This bill, relying on the precedent in current law, would allow minors, 12 years of age or older, to consent to medical care related to the prevention of an STD in addition to existing law which permits minors to consent to the actual treatment of an STD. Discussing prevention methods of an STD and treatment for an STD can be particularly sensitive subject matters for minors to discuss with their parents. While most minors may discuss other medical care with their parents, there are many who either cannot have these particular discussions, or simply will not discuss the possibility of contracting an STD with their parents. As with the other minor consent laws, the public policy of preventing the spread of sexually transmitted diseases arguably outweighs requiring minors to consult with their parents for these prevention methods. 3. This bill would authorize a minor to consent to medical care for prevention of a sexually transmitted disease Under existing law, a minor who is 12 years of age or older, may consent to medical care for the diagnosis and treatment of an STD. This bill would additionally authorize a minor, who is 12 AB 499 (Atkins) Page 6 of ? years of age or older to consent to medical care relating to the prevention of an STD. This bill fills a gap between allowing minors to consent to medical care for the diagnosis and treatment of an STD and preventing the STD in the first place. Writing in support of the bill, Planned Parenthood Affiliates of California notes, "the gap in the law likely stems from the fact that many prevention methods did not exist when the law was originally written in 1964. New developments in STD prevention, such as vaccinations for hepatitis B and the human papilloma virus (HPV), as well as prophylactic post-exposure HIV medications have given rise to the need for this legislation." a. HPV Vaccine According to the Centers for Disease Control and Prevention (CDC), HPV is the most common sexually transmitted disease. "Approximately 20 million Americans are currently infected with HPV Ýand] Ýa]nother 6 million people become newly infected each year. HPV is so common that at least 50% of sexually active men and women get it at some point in their lives." In addition to causing genital warts in both men and women, HPV has also been linked to cervical cancer in women, and various other cancers in both men and women. Fortunately there are now ways for people to lower their risk of contracting HPV. Two vaccines are available for women and one vaccine is available for men. The CDC states that "both of the vaccines Ýfor women] are recommended for 11 and 12 year-old girls, and for females 13 through 26 years of age, who did not get any or all of the shots when they were younger. These vaccines can also be given to girls as young as 9 years of age." The vaccine for men is available for boys and men age 9-26 years of age. (See http://www.cdc.gov/std/HPV/STDFact-HPV.htm .) b. Hepatitis B Vaccine The CDC also notes that "national studies have shown that about 12.5 million Americans have been infected with hepatitis B virus at some point in their lifetime. One and one quarter million Americans are estimated to have chronic (long-lasting) infection, of whom 20 percent to 30 percent acquired their infection in childhood. Chronic hepatitis B virus infection increases a person's risk for chronic liver disease, cirrhosis, and liver cancer. About 5,000 persons will die each AB 499 (Atkins) Page 7 of ? year from hepatitis B-related liver disease resulting in over $700 million in medical and work loss costs." However, according to the CDC, "the number of new infections per year has declined from an average of 450,000 in the 1980s to about 80,000 in 1999. The greatest decline has occurred among children and adolescents due to routine hepatitis B vaccination." (See http://www.cdc.gov/vaccines/vac-gen/whatifstop.htm#hepb .) Based on the new prevention methods available for HPV and Hepatitis B, as well as other sexually transmitted diseases, it would appear reasonable to allow minors to consent to these vaccinations in order to prevent these (sometimes deadly) diseases rather than for minors to contract these diseases only then to treat them. In support of the bill, the American Civil Liberties Union writes, "these diseases can be deadly but they can also be prevented. There are two vaccines that can prevent the viruses known to cause various types of cancer, the hepatitis B vaccine and the human papilloma virus (HPV) vaccine. Both viruses, if not cleared by the body naturally like a cold virus, are incurable. The infections can have devastating lifelong implications, including liver cancer and cancers of the cervix, penis and anus. Recent reports show HPV cause more oral, head and neck cancers in men than does tobacco use." The main focus of HPV prevention has been on young women due to the connection between HPV and cervical cancer, however, a recent article reported that studies show that "half of the general population of men may be infected with human papillomavirus." As a result, researchers have suggested that this study strengthens the case for also routinely vaccinating men for HPV. (See http://www.reuters.com/article/2011/03/01/us-cancer-vaccine-idU STRE7200CJ20110301 .) 3. Opposition's concerns: The California Catholic Conference, Inc., in opposition, argues that "most parents are involved in the lives of their minor children and want and need to know if they are seeking medical care-regardless of whether the care is preventative or curative. Of course there are occasions when parents do not adequately care for the welfare of their minor child, but it is certainly not the usual case." The California Catholic Conference AB 499 (Atkins) Page 8 of ? continues with "this bill is dangerous because it expands a faulty law which assumes that children know better than their parents and because it will allow minors access to HPV vaccines which may cause them permanent harm." In response to the opposition's concerns, the author writes, "while physicians encourage their minor patients to involve parents, the Legislature has recognized by enacting minor consent laws that involvement is not always practical and what is paramount is that teens receive timely, necessary medical care." Support : ACCESS Women's Health Justice; ACT for Women and Girls; American Civil Liberties Union; American Association of University Women; Asian Communities for Reproductive Justice; California Adolescent Health Committee; California Coalition for Youth; California Commission on the Status of Women; California Communities United Institute; California Family Health Council; California Medical Association; California National Organization of Women; California Nurses Association; California Primary Care Association; California School Health Centers Association; Children's Law Center of Los Angeles; County of Los Angeles Board of Supervisors; Having Our Say; Kaiser Permanente; Los Angeles Gay and Lesbian Center; Maternal and Child Health Access; Mental Health Association in California; National Center for Youth Law; National Association of Social Workers-California Chapter; NARAL-Pro-Choice California; National Council of Jewish Women; Nevada County Citizens for Choice; Planned Parenthood Affiliates of California; Planned Parenthood Advocacy Project Los Angeles County; Planned Parenthood Mar Monte; Reproductive Justice Coalition of Los Angeles; Women's Health Specialists Opposition : California Catholic Conference; Capitol Resource Family Impact; Capitol Resource Institute; California Right to Life Committee HISTORY Source : California STD Controllers Association; American Congress of Obstetricians and Gynecologists, District IX; Health Officers Association of California Related Pending Legislation : None Known Prior Legislation : None Known AB 499 (Atkins) Page 9 of ? Prior Vote : Assembly Floor (Ayes 50, Noes 25) Assembly Committee on Judiciary (Ayes 7, Noes 2) Assembly Committee on Health (Ayes 13, Noes 5) **************