HB 381

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.