Bill to raise age of medical consent to 16 in Alabama could soon become law

A bill to raise the age at which people can make their own medical decisions from 14 to 16 is headed to Gov. Kay Ivey’s desk for signature.

It was approved by the Alabama Senate on Wednesday.

Under current state law, a minor who is at least 14 years of age, or who has graduated from high school, or who is married, divorced, or pregnant may give legal consent to medical, dental, and mental health services for themselves.

SB101, brought forth by Sen. Larry Stutts, R-Tuscumbia, requires that a person must be 16 to give consent unless they are married, divorced, pregnant, emancipated, or living independently apart from their parents or legal guardian.

The bill’s text specifies that these restrictions also apply to participation in school counseling services, donating bone marrow, and receipt of a vaccine.

It would also prohibit healthcare providers or other government entities from denying a parent access to their child’s health information, unless a court order prohibits the access, or the parent is under investigation for a crime against the child, according to its text.

While Stutt’s original version of the bill would have increased the medical consent age from 14 to 18, it was recently amended in the Senate to lower the age to 16.

SB101 would allow any minor to consent to services to prevent or treat pregnancy, sexually transmitted infections, and alcohol or drug dependency.

The bill also makes exceptions for minors that are in “life threatening situations” or “imminent danger,” according to its text.

“If a school counselor thought a child was in imminent danger, they absolutely would have to intervene,” Stutts said previously.

“You don’t have to say, well, let me get permission from your parents first. That’s common sense and that’s already in the law.”

Stutts acknowledged that these restrictions could discourage some minors from seeking medical or mental health assistance if they are worried about their parents’ reactions.

“Yeah, there may be somebody that doesn’t seek care because they don’t want their parents to find out,” he told AL.com previously.

“I mean, for generations, teenagers have done things they didn’t want their parents to find out about.”

“But having said all that, if we get the family unit involved, chances of success are also better,” he continued.