WV Senate passes bill requiring parental notification for teenagers to receive medical care, including STD and addiction treatment
CHARLESTON – As the West Virginia Legislature worked through its 36th day in session, the Senate passed a bill requiring parental notification when minors above the age of consent receive any medical care. The bill’s language includes care for addiction and sexually-transmitted diseases.
Senate Bill 719, introduced by Senator Laura Wakim Chapman, R- Ohio, and co-sponsored by Senator Chris Rose, R- Monongalia, sets the age of consent for medical treatment at 16 years of age. However, it adds a requirement that notice be provided to the minor’s parent or guardian when they receive care, even if they are past the age of consent. The bill also abolishes the competency-based “mature minor” standard and prohibits a minor from consenting to a do-not-resuscitate order against the wishes of their parents.
SB 719 provides some circumstances where parental notification is not required, including the following: a court order preventing the parent from making medical decisions, a minor who has graduated high school, an emancipated or married minor or a pending criminal case for child abuse and neglect.
Senator Joey Garcia, D- Marion, was the only senator to speak on the bill during debate. Garcia argued that the age of consent for medical treatments is already established in state code and case law.
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Garcia also raised concerns that the parental notification provision would discourage minors from seeking medical care for potentially sensitive or embarrassing issues that they may not want to talk to their parents about. In certain circumstances, such as addiction-related issues, Garcia argued this provision could lead to the death of children.
Several major medical associations, including the American Medical Association, the American College of Obstetricians and Gynecologists and the American Academy of Pediatrics generally oppose legislation that would require parental notification provisions, out of concern that it can discourage minors from seeking healthcare.
SB 719 passed without any further discussion or any senators rising in support of the bill. Six senators voted against it: Senators Charlie Clements, R-Wetzel, Joey Garcia, D-Marion, Bill Hamilton, R-Upshur, Tom Takubo, R-Kanawha, Ryan Weld, R-Brooke, and Mike Woelfel, D-Cabell, voted in opposition.
SB 719 now heads to the House of Delegates for further consideration.
The Senate also passed:
- SB 37: Allowing teachers to exchange unused leave for additional pay.
- SB 83: Allowing Foster Care Ombudsman to access confidential abuse and neglect records.
- SB 538: Removing the sunset date on allowing land reuse agencies and municipal land banks the right of first refusal over tax-delinquent properties.
- SB 621: Updating code for digital court records
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