Maine § 22 §1508 Consent for gender-affirming hormone therapy

Maine Statutes

§ 22 §1508 — Consent for gender-affirming hormone therapy

Maine·Title 22 HEALTH AND WELFARE·Part 3 PUBLIC HEALTH·Ch. 260 CONSENT OF MINORS FOR HEALTH SERVICES

1.Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

2.Authority of minor to consent. A health care professional may provide gender-affirming hormone therapy and follow-up care to a minor without obtaining the consent of the parent or guardian of the minor only if:

3.Informed consent. A minor who meets the requirements of subsection 2, paragraphs A to D may provide informed written consent to gender-affirming hormone therapy and follow-up care only in accordance with the requirements of this subsection.

4.Rebuttable presumption of validity. A written consent of a minor who meets the requirements of subsection 2 that is set forth in a writing containing the information and statements required by subsection 3, pa

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1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Authority of minor to consent.
A health care professional may provide gender-affirming hormone therapy and follow-up care to a minor without obtaining the consent of the parent or guardian of the minor only if:
3.
Informed consent.
A minor who meets the requirements of subsection 2, paragraphs A to D may provide informed written consent to gender-affirming hormone therapy and follow-up care only in accordance with the requirements of this subsection.
4.
Rebuttable presumption of validity.
A written consent of a minor who meets the requirements of subsection 2 that is set forth in a writing containing the information and statements required by subsection 3, paragraph B and that is signed by the minor is presumed to be a valid, informed consent to treatment for gender-affirming hormone therapy and bars an action by a parent or guardian of the minor on the grounds of battery, malpractice or any other claim for providing gender-affirming hormone therapy without consent from a parent or guardian. The presumption of validity established in this subsection may be rebutted only by evidence that the minor's consent was obtained through fraud, deception or misrepresentation of material fact.
5.
Disallowance of recovery.
Recovery is not allowed against a health care professional upon the grounds that gender-affirming hormone therapy of a minor who meets the requirements of subsection 2 was rendered without the informed consent of the minor when:
6.
Nonseverability.
In the event that any portion of subsections 1 to 5 is held invalid, it is the intent of the Legislature that this entire section, other than subsection 7, is invalid.
7.
Authority of parent to consent unaffected.
This section does not affect the legal authority of a parent or guardian to consent to gender-affirming hormone therapy for a minor in accordance with established standards of care.