§577-29  Mental health services relating to minors; diagnosis, counseling, and related activities.  (a)  Notwithstanding any other law to the contrary, a minor who is fourteen years of age or older may consent to mental health treatment or counseling services provided by a licensed mental health professional or mental health professional if, in the opinion of the licensed mental health professional, the minor is mature enough to participate intelligently in the mental health treatment or counseling services without parental or legal guardian consent, knowledge, or participation; provided that the consent of the minor's parent or legal guardian shall be required to prescribe medication to the minor or to place the minor into an out-of-home or residential treatment program.

     (b)  The mental health treatment or counseling services provided to a minor as authorized by this section shall include involvement of the minor's parent or legal guardian, unless the licensed mental health professional or mental health professional and licensed mental health professional, after consulting with the minor, determines that the involvement would be inappropriate.  The mental health professional shall ensure that the covered entity has been notified that minor-initiated mental health treatment or counseling services should not be disclosed.

     (c)  A covered entity shall have policies and procedures established to maintain nondisclosure of the minor-initiated mental health treatment or counseling services to the parent or legal guardian in accordance with federal regulations, including [title] 45 Code of Federal Regulations section 164, subpart E.  The mental health professional shall be entitled to submit a claim to the covered entity for the provision of minor-initiated treatment or counseling services to the minor pursuant to this section, but shall not bill for out-of-pocket payments, copayments, coinsurance, or deductibles.

     (d)  A minor may not abrogate consent provided by a parent or legal guardian on the minor's behalf.  A parent or legal guardian may not abrogate consent given by the minor on the minor's own behalf.

     (e)  If a minor consents to receive mental health treatment or counseling services pursuant to this section, the minor shall not be liable for payment.

     (f)  The minor's parent or legal guardian shall not be liable for payment for mental health treatment or counseling services provided pursuant to this section unless the parent or guardian participates in the mental health treatment or counseling services, and then only for services rendered with the participation of the parent or guardian.

     (g)  Pursuant to this section, upon notification from the mental health professional that minor-initiated mental health treatment or counseling services should not be disclosed, a covered entity shall not disclose to the minor's parent or legal guardian who is a policyholder or other covered person, any billing information, including payments made by the covered entity for minor-initiated mental health treatment or counseling services.

     (h)  For the purposes of this section:

     "Covered entity" has the same meaning as in title 45 Code of Federal Regulations section 160.103.

     "Licensed mental health professional" means a person who provides counseling as part of the following professions:

     (1)  A licensed mental health counselor licensed pursuant to chapter 453D;

     (2)  A licensed marriage and family therapist licensed pursuant to chapter 451J;

     (3)  A licensed clinical social worker licensed pursuant to chapter 467E;

     (4)  A licensed psychologist licensed pursuant to chapter 465;

     (5)  A physician licensed pursuant to chapter 453, who is board certified, or board eligible, in psychiatry; or

     (6)  An advanced practice registered nurse licensed pursuant to chapter 457 who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization.

     "Mental health professional" means a person who is working under the supervision of a licensed mental health professional and:

     (1)  Is enrolled in an accredited training program; or

     (2)  Has completed all licensing requirements except the hours of supervised post-degree experience or examination required for state licensure as a licensed mental health counselor pursuant to chapter 453D; licensed marriage and family therapist pursuant to chapter 451J; licensed clinical social worker pursuant to chapter 467E; licensed psychologist pursuant to chapter 465; or advanced practice registered nurse licensed pursuant to chapter 457.

     "Mental health treatment or counseling services" means the provision of outpatient mental health treatment or counseling by a licensed mental health professional or mental health professional. [L 2016, c 181, §1; am L 2017, c 88, §9; am L 2020, c 37, §2]