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The House of Representatives passed SB101, a measure that would raise the age of consent for medical, dental and mental health care in the state from 14 to 16 years old.
Sponsored by Sen. Larry Stutts, R-Tuscumbia, and carried in the House by Rep. Susan DuBose, R-Hoover, the bill has been making its way through the legislature since the beginning of the session. SB101 passed in the Senate 30-2 on April 8.
Since 1972, Alabama law has allowed minors as young as 14 to consent to medical treatment without parental involvement. SB101 aims to shift that threshold to 16, requiring parental consent for most medical decisions that individuals younger than 16 make. The bill also prevents health care providers and government agencies from withholding a minor’s medical records from their parents or guardians.
Rep. DuBose stated on the floor that this medical age of consent is one of the lowest in the nation. Only three states across the country have a medical age of consent below 18.
“We know that 14-year-olds’ brains are not fully formed. We don’t let them get tattoos or vote or many, many things. We want parents engaged in this process,” said Dubose.
The bill includes several exemptions to accommodate practical health care needs. Minors under 16 who are pregnant or legally emancipated would retain the ability to make their own medical decisions.
Minors may still consent to services related to sexually transmitted diseases, substance abuse or in cases of medical emergencies. Health care providers would be allowed to intervene without parental consent if there is an imminent threat to the child’s health or in instances of suspected abuse, neglect or exploitation.
Rep. Ginny Shaver, R-Leesburg, brought forth an amendment to clarify the scope of services that school counselors may provide.
The amendment replaces the wording “education relating to mental health, suicide prevention, or bullying prevention” to “education relating to mental health, suicide counseling, or bullying counseling.”
“It specifies that it’s individual counseling and not a group activity in a school, where if the whole sixth grade is going to watch a video on bullying, parental consent is not needed for that. If it’s individual counseling, parental consent would be needed for that,” said Shaver.
With House approval secured by a vote of 85-0-18, the bill is now going to Gov. Kay Ivey.
