HARRY HUGHES, Governor

1063

CONCLUSIVE EVIDENCE OF NOTICE OR A REASONABLE EFFORT TO GIVE
NOTICE, AS THE CASE MAY BE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 135(d).

Throughout this section, the word "notice" is
substituted for the word "notification", for
consistency.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that former Article 43, § 135(d) was unclear with
respect to the need to notify one or both parents
and, therefore, this section is revised to allow
notice to one parent. The General Assembly may
wish to clarify its intent.

The Commission also notes that, since there is no
time limitation imposed on the prior notice and
since the notice is given by mail, the notice
requirement may be ineffective.

The Commission also notes that the General
Assembly may wish to reconsider subsection (d) of
this section, since a postal receipt merely
evinces that something was mailed and does not
show the evidence of the contents of the mail.

Defined terms: "Physician" § 1-101
"Registered mail" Article 1, § 20

20-104. MENTAL OR EMOTIONAL DISORDER.

(A)  CAPACITY TO CONSENT.

A MINOR WHO IS 16 YEARS OLD OR OLDER HAS THE SAME
CAPACITY AS AN ADULT TO CONSENT TO CONSULTATION, DIAGNOSIS,
AND TREATMENT OF A MENTAL OR EMOTIONAL DISORDER BY A
PHYSICIAN OR A CLINIC.

(B)  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.

(C)  LIABILITIES.

UNLESS THE PARENT, GUARDIAN, OR CUSTODIAN OF A MINOR