HARRY HUGHES, Governor

1061

TO:

DISEASE;

(C) SPECIFIC TREATMENT.

A MINOR HAS THE SAME CAPACITY AS AN ADULT TO CONSENT

(1)  TREATMENT FOR OR ADVICE ABOUT DRUG ABUSE;

(2)  TREATMENT FOR OR ADVICE ABOUT ALCOHOLISM;

(3)  TREATMENT FOR OR ADVICE ABOUT VENEREAL

(4) TREATMENT FOR OR ADVICE ABOUT PREGNANCY;

(5)  TREATMENT FOR OR ADVICE ABOUT CONTRACEPTION
OTHER THAN STERILIZATION;

(6)  PHYSICAL EXAMINATION AND TREATMENT OF
INJURIES FROM AN ALLEGED RAPE OR SEXUAL OFFENSE; AND

(7)  PHYSICAL EXAMINATION TO OBTAIN EVIDENCE OF
AN ALLEGED RAPE OR SEXUAL OFFENSE.

(D)  LIABILITIES.

A PHYSICIAN OR AN INDIVIDUAL UNDER THE DIRECTION OF A
PHYSICIAN WHO TREATS A MINOR IS NOT LIABLE FOR CIVIL DAMAGES
OR SUBJECT TO ANY CRIMINAL OR DISCIPLINARY PENALTY SOLELY
BECAUSE THE MINOR DID NOT HAVE CAPACITY TO CONSENT UNDER
THIS SECTION.

(E)  DISCLOSURE.

WITHOUT THE CONSENT OF OR OVER THE EXPRESS OBJECTION OF
A MINOR, THE ATTENDING PHYSICIAN OR, ON ADVICE OR DIRECTION
OF THE ATTENDING PHYSICIAN, A MEMBER OF THE MEDICAL STAFF OF
A HOSPITAL OR PUBLIC CLINIC MAY, BUT NEED NOT, GIVE THE
SPOUSE OR A PARENT, GUARDIAN, OR CUSTODIAN OF THE MINOR OR
THE SPOUSE OF THE PARENT INFORMATION ABOUT TREATMENT NEEDED
BY THE MINOR OR PROVIDED TO THE MINOR UNDER THIS SECTION,
EXCEPT. INFORMATION ABOUT AN ABORTION.

REVISOR'S NOTE: Subsections (a) through (c)(6), (d),
and (e) of this section are new language derived
without substantive change from former Article
43, § 135 (a), (b), and (c).

Subsection (c)(7) of this section is new language
derived without substantive change from former
Article 43, § 135B. It is revised in subsection

(c) of this section, since there did not appear
to be an intent to exclude an individual making
this examination from the grant of immunity and
power to disclose information under subsections

(d) and (e) of this section.