by Suzanne Burdick, Ph.D., Childrens Health Defense:
New York state lawmakers are weighing legislation that would allow any child or teen under 18 to seek out and consent to medical treatment — including vaccines, dental procedures, hospitalization and even surgery — without parental consent.
New York state lawmakers are weighing legislation that would allow any child or teen under 18 to seek out and consent to medical treatment — including vaccines, dental procedures, hospitalization and even surgery — without parental consent, as long as the minor appears to have the mental capacity for making that decision.
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Assembly Bill A6761, introduced by New York Assemblymember Karines Reyes (D-Bronx), also would allow Medicaid funds to pay for procedures and drugs administered to children.
Proponents of the legislation, such as the American Civil Liberties Union of New York, say the measure is about ensuring all youth have access to quality care.
But critics, including John Gilmore, founder and executive director of the nonprofit Autism Action Network, said the bill is dangerous.
“The bill’s biggest problem,” Gilmore told The Defender, “is that it allows any medical procedure to be done to children of any age without parental knowledge or consent. That’s the kicker.”
Gilmore said the bill has another problem, too: The “active summary” statement on the official New York Assembly website says it “allows homeless youth to give effective consent to certain medical, dental, health, and hospital services.”
But Gilmore said that statement is “deliberately misleading” because the bill’s text applies to more than just “homeless” youth seeking “certain” services.
The bill states:
“Any person, including a minor, who comprehends the need for, the nature of, and the reasonably foreseeable risks and benefits involved in any contemplated medical, dental, health, and/or hospital services, and any alternatives thereto, may give effective consent to such services for themself, and the consent of no other person shall be necessary.”
“Albany is lying” about the bill, according to Autism Action Network.
Michael Kane, a New York resident and founder of Teachers For Choice, agreed. “It’s a complete lie to say the bill applies only to homeless children or runaways — and it’s a dangerous one,” Kane told The Defender. “It’s imperative that legislators understand what the bill really does,” Kane said.
With New York lawmakers considering close to 10,000 bills, legislators may rely on a bill’s one-sentence summary — rather than reading its full text — for deciding how they vote, according to Gilmore.
The bill has a companion in the Senate (S8352), introduced Jan. 19 by state Sen. Rachel May (D-Syracuse). The bills share identical text.
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