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)



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          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 
                                                                      



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          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, 
                                                                      



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            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  
                                                                      



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          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 
                                                                      



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          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 
                                                                      



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            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 
                                                                      



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          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
                                                                      



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           Prior Vote  :

          Assembly Floor (Ayes 50, Noes 25)
          Assembly Committee on Judiciary (Ayes 7, Noes 2)
          Assembly Committee on Health (Ayes 13, Noes 5)

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