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  1. Bama Politics
  2. Alabama
  3. Alabama House & Senate Bills
  4. 2019 Alabama Legislative Regular Session
  5. 2019 Alabama House Bills
  6. HB 381

HB 381

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Signed by Governor
Contents hide
  • 1 Bill Summary
  • 2 Bill Text
  • 3 Bill Actions
  • 4 Bill Votes
  • 5 Bill Documents

Bill Summary

Sponsors
  • Wes Allen
Session
Regular Session 2019
Title
Health care, persons physically or mentally disabled persons, consent not required under certain conditions, nurse practioners and physician assistants included in providers authorized, procedures for determination by practioners, Sec. 22-8-1 am'd.
Description

Under existing law, a person is not required to consent in order for a physician, psychiatrist, or psychologist to provide medical or mental health services to the person if the person is physically or mentally unable to consent provided two or more physicians, psychiatrists, or psychologists have indicated in writing that the services are necessary

This bill would include nurse practitioners and physician assistants as health care providers covered in the law and would provide that one physician, psychiatrist, or psychologist, and a nurse practitioner or physician assistant, could indicate in writing that the services are necessary

This bill would also delete certain other provisions related to unknown relatives

To amend Section 22-8-1, Code of Alabama 1975, to further provide for the provision of medical or mental health services to a person who is physically or mentally unable to consent under certain conditions.

Subjects
Health

Bill Text

Note: Bills that change current law do not show the amended text correctly below. Please view Original PDF to see amended sections: HB 381 - Enrolled - PDF

Under existing law, a person is not required to consent in order for a physician, psychiatrist, or psychologist to provide medical or mental health services to the person if the person is physically or mentally unable to consent provided two or more physicians, psychiatrists, or psychologists have indicated in writing that the services are necessary

This bill would include nurse practitioners and physician assistants as health care providers covered in the law and would provide that one physician, psychiatrist, or psychologist, and a nurse practitioner or physician assistant, could indicate in writing that the services are necessary

This bill would also delete certain other provisions related to unknown relatives

To amend Section 22-8-1, Code of Alabama 1975, to further provide for the provision of medical or mental health services to a person who is physically or mentally unable to consent under certain conditions.

Section 1

Section 22-8-1 of the Code of Alabama 1975, is amended to read as follows:

§22-8-1.

No consent shall be required in order for a licensed physician, psychiatrist, or psychologist, nurse practitioner, or physician assistant to render provide any legally authorized medical or mental health services to a person when said the person is either physically unable to consent or mentally unable to consent and who, but for said the mental or physical disability, would be able to consent and who has no known relatives or legal guardian; provided, that two or more licensed physicians, psychiatrists, or psychologists, or one licensed physician, psychiatrist, or psychologist and one or more nurse practitioners or physician assistants, after having consultation, must indicate, in writing, have signed a written statement finding, in their judgment, that such the medical services are necessary, in their judgment, and any attempt to secure consent from any court or to further endeavor to locate unknown relatives would result in and that a delay of in treatment which would increase the risk to the person's life or health."

Section 2

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Bill Actions

Action Date Chamber Action
May 28, 2019 H Delivered to Governor at 3:46 p.m. on May 28, 2019.
May 28, 2019 H Assigned Act No. 2019-355.
May 28, 2019 H Clerk of the House Certification
May 28, 2019 S Signature Requested
May 23, 2019 H Enrolled
May 23, 2019 H Passed Second House
May 23, 2019 S Motion to Read a Third Time and Pass adopted Roll Call 1154
May 23, 2019 S Third Reading Passed
May 23, 2019 S Chesteen motion to Carry Over to the Call of the Chair adopted Voice Vote
May 23, 2019 S Third Reading Carried Over to Call of the Chair
May 15, 2019 S Read for the second time and placed on the calendar
May 2, 2019 S Read for the first time and referred to the Senate committee on Healthcare
May 2, 2019 H Rafferty intended to vote Yea
May 2, 2019 H Motion to Read a Third Time and Pass adopted Roll Call 475
May 2, 2019 H Third Reading Passed
April 25, 2019 H Read for the second time and placed on the calendar
April 9, 2019 H Read for the first time and referred to the House of Representatives committee on Health

Bill Votes

Motion to Read a Third Time and Pass
2019-05-23
Chamber: Senate
Result: Passed
Motion to Read a Third Time and Pass
2019-05-02
Chamber: House
Result: Passed

Bill Documents

Document Type Document Location
Bill Text http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/HB381-enr.pdf
Bill Text http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/HB381-int.pdf

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