§ 25-4-409 — Minors - treatment - consent

(1) (a) A health-care provider or
facility, if consulted by a patient who is a minor, shall perform, at the minor's
request, a diagnostic examination for a sexually transmitted infection. The health-care provider or facility shall treat the minor for a sexually transmitted infection, if
necessary; discuss, administer, dispense, or prescribe preventive measures or
medications, where applicable; and include appropriate therapies and prescriptions.

(b) If a minor requests a diagnostic examination, care, prevention services, or
treatment for a sexually transmitted infection, the health-care provider who
provides such services is not civilly or criminally liable for performing the service,
but the immunity from liability does not apply to any negligent act or omission by
the health-care provider.

(2) The consent of a parent or legal guardian is not a prerequisite for a minor
to receive a consultation, an examination, preventive care, or treatment for sexually
transmitted infections. For the purposes of this section, health care provided to a
minor is confidential, and information related to that care must not be divulged to
any person other than the minor; except that the reporting required pursuant to the
Child Protection Act of 1987, part 3 of article 3 of title 19, still applies. If the minor
is thirteen years of age or younger, the health-care provider may involve the minor's
parent or legal guardian. A health-care provider shall counsel the minor on the
importance of bringing the minor's parent or legal guardian into the minor's
confidence regarding the consultation, exam, or treatment.

Legislative History

Source: L. 2016: Entire part R&RE, (SB 16-146), ch. 230, p. 902, � 1, effective July 1. L. 2021: (1)(a) and (2) amended, (SB 21-016), ch. 428, p. 2835, � 2, effective July 6.