Section 6929 Of Chapter 3. Consent By Minor From California Family Law Code >> Division 11. >> Part 4. >> Chapter 3.
6929
. (a) As used in this section:
(1) "Counseling" means the provision of counseling services by a
provider under a contract with the state or a county to provide
alcohol or drug abuse counseling services pursuant to Part 2
(commencing with Section 5600) of Division 5 of the Welfare and
Institutions Code or pursuant to Division 10.5 (commencing with
Section 11750) of the Health and Safety Code.
(2) "Drug or alcohol" includes, but is not limited to, any
substance listed in any of the following:
(A) Section 380 or 381 of the Penal Code.
(B) Division 10 (commencing with Section 11000) of the Health and
Safety Code.
(C) Subdivision (f) of Section 647 of the Penal Code.
(3) "LAAM" means levoalphacetylmethadol as specified in paragraph
(10) of subdivision (c) of Section 11055 of the Health and Safety
Code.
(4) "Professional person" means a physician and surgeon,
registered nurse, psychologist, clinical social worker, professional
clinical counselor, marriage and family therapist, registered
marriage and family therapist intern when appropriately employed and
supervised pursuant to Section 4980.43 of the Business and
Professions Code, psychological assistant when appropriately employed
and supervised pursuant to Section 2913 of the Business and
Professions Code, associate clinical social worker when appropriately
employed and supervised pursuant to Section 4996.18 of the Business
and Professions Code, or registered clinical counselor intern when
appropriately employed and supervised pursuant to Section 4999.42 of
the Business and Professions Code.
(b) A minor who is 12 years of age or older may consent to medical
care and counseling relating to the diagnosis and treatment of a
drug- or alcohol-related problem.
(c) The treatment plan of a minor authorized by this section shall
include the involvement of the minor's parent or guardian, if
appropriate, as determined by the professional person or treatment
facility treating the minor. The professional person providing
medical care or counseling to a minor shall state in the minor's
treatment record whether and when the professional person attempted
to contact the minor's parent or guardian, and whether the attempt to
contact the parent or guardian was successful or unsuccessful, or
the reason why, in the opinion of the professional person, it would
not be appropriate to contact the minor's parent or guardian.
(d) The minor's parent or guardian is not liable for payment for
any care provided to a minor pursuant to this section, except that if
the minor's parent or guardian participates in a counseling program
pursuant to this section, the parent or guardian is liable for the
cost of the services provided to the minor and the parent or
guardian.
(e) This section does not authorize a minor to receive replacement
narcotic abuse treatment, in a program licensed pursuant to Article
3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division
10.5 of the Health and Safety Code, without the consent of the minor'
s parent or guardian.
(f) It is the intent of the Legislature that the state shall
respect the right of a parent or legal guardian to seek medical care
and counseling for a drug- or alcohol-related problem of a minor
child when the child does not consent to the medical care and
counseling, and nothing in this section shall be construed to
restrict or eliminate this right.
(g) Notwithstanding any other provision of law, in cases where a
parent or legal guardian has sought the medical care and counseling
for a drug- or alcohol-related problem of a minor child, the
physician and surgeon shall disclose medical information concerning
the care to the minor's parent or legal guardian upon his or her
request, even if the minor child does not consent to disclosure,
without liability for the disclosure.