Bills raising age of medical consent in Alabama advance despite warnings: ‘Delay in care .. can be deadly’

Two basically identical bills that would raise the age, from 14 to 18, at which people can make their own medical decisions moved through the Alabama Senate Committee on Children and Youth Health on Wednesday.

Committee Chair Sen. Larry Stutts, R-Tuscumbia, who brought forth SB101, said only one version of the bill would eventually go to the floor for a full vote.

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.

Stutts’ bill and SB58, brought forth by Sen. Sam Givhan, R-Huntsville, would require that a person must be 18 to give consent unless they are married, divorced, pregnant, emancipated, or living independently apart from their parents or legal guardian.

“What’s driving this is parents being in charge of their children and not the medical community,” Givhan said Wednesday.

The bills specify that these restrictions also apply to participation in school counseling services, donating bone marrow, and receipt of a vaccine.

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

But the bills 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.

During a public hearing Wednesday, three opponents shared their concerns about how the bill would impact minors in abusive homes and medical care providers who need to make quick decisions in emergency situations.

“This bill creates an impediment to getting care that endangers lives,” said Huntsville nurse Susan Stewart.

“In states that have raised the age of medical majority to 18, there have been unintended consequences.”

“Many children don’t live in a stable home with parents who are able or willing to make sure they get the care they need,” she continued.

“Parents who may be absent, seriously ill or incarcerated. And often the relatives caring for these children don’t have legal guardianship.”

She said “this causes delay in care that can be deadly. Delays in cancer diagnoses, delays in diagnosing suicidal ideation.”

Social worker Tish Warr shared Stewart’s worries about the “unintended consequences” of the bill.

“This bill concerns me greatly,” she said.

“As adults, we all have a responsibility to protect children who may be vulnerable to abuse and neglect.”

“…If passed, this bill would be an astronomical barrier with far reaching unintended consequences for children who are living in abusive and neglectful homes,” she continued.

“So many children live in unstable environments that sometimes need to attend services without their parents’ knowledge.”

In a written statement presented to the committee, central Alabama resident Chris Hathcock shared his own high school experience of “an altercation with a band saw in shop class” that he said might have turned out differently if the age of medical consent was raised.

“In every state in which this bill is passed, we’ve seen that schools are now afraid to offer first aid without permission slips,” he wrote.

“The legislatures then blame the school for malicious compliance and say ‘that’s not what we meant, and you know it.‘”

“Well, the statute does actually prohibit it,” he continued.

“And so, I’m here to tell you that that is in fact those legislators’ fault.”

“I’m sure there’s some folks making an argument about parental rights, but we’re throwing common sense out the window,” he wrote.

Sens. Linda Coleman-Madison, D-Birmingham, and Vivian Figures, D-Mobile, shared opponents’ concerns about minors in abusive homes being able to safely access care.

Figures proposed an amendment to lower the age in the bill from 18 to 16, but it died in committee.

“I think we’ve got to be practical about this,” Givhan said.

“Again, the majority of the parents care about their kids, and are not abusing their kids.”

“And we’ve got to talk about the rights of the majority and try to figure out how to deal with the minority situations that are out there,” he added.

But Figures and former longtime educator Coleman-Madison argued that the “minority” might be larger than Givhan or Stutts believe.

“Many of us would be surprised at the conditions our children live under,” Figures said.

Sen. Robert Stewart, D-Selma, said that even if they live in a safe home, “children are still human, and they deserve privacy.”

Givhan and Stutts agreed to work on the bill to address lawmakers’ concerns before it goes to the Senate floor.