Bill 204 — Second Session, 26Th Legislature, 55 Elizabeth Ii the Legislative Assembly of Alberta Bill 204 Parental Consent To Medical Treatment For Minors Act Rev. Abbott (Legislature 26, Session 2)

L26 S2 519

Alberta — Bills

2006 Bill 204 Second Session, 26th Legislature, 55 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 204 PARENTAL CONSENT TO MEDICAL TREATMENT FOR MINORS ACT REV. ABBOTT First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bill 204 Rev. Abbott BILL 204 2006 PARENTAL CONSENT TO MEDICAL TREATMENT FOR MINORS ACT (Assented to , 2006)

WHEREAS the health, safety and well-being of children and families is of paramount importance to the people of Alberta;

WHEREAS parents have a legitimate interest in and responsibility for medical treatment provided to their minor children; and

WHEREAS decisions about a child’s capacity to consent to non- emergent medical treatment are more appropriately made by the child’s parents; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) “Court” means the Court of Queen’s Bench; (b) “guardian” means the parent of a minor or, where the minor’s parent is not a guardian for the purposes of the Family Law Act, then the individual who is the minor’s guardian; (c) “minor” means a person who is 15 years old or younger; (d) “nurse” means a person who is a registered nurse within the meaning of the Health Professions Act; (e) “physician” means a person who is registered as a medical practitioner under the Medical Profession Act. 1

Application 2 This Act does not apply to a minor who is in the custody of a director under the Child, Youth and Family Enhancement Act. Parental consent to medical treatment 3 Subject to sections 4 and 5, a physician, nurse or other health care provider shall not provide medical treatment to a minor unless consent has been obtained from the minor’s guardian. Exceptions 4 Consent is not required under

section 3 if (

a) the minor is involved in a medical emergency that requires immediate medical attention, or (

b) the minor is not subject to guardianship as determined under

section 19 of the Family Law Act. Court application 5(1) On application by a minor or a person on the minor’s behalf, the Court may (

a) dispense with the requirement for consent under this Act, or (

b) where the minor’s guardian has granted consent or refused to grant consent under

section 3, review the matter and confirm, reverse or vary the guardian’s decision.

(2) Section 4 of the Family Law Act applies, with all necessary modifications, to an application under this Act. Offence 6 Any person who contravenes this Act is guilty of an offence and liable to a fine of up to $10 000. Inconsistency or conflict with the Family Law Act 7 If there is an inconsistency or conflict between this Act and the Family Law Act, this Act prevails. Regulations 8 The Lieutenant Governor in Council may make regulations respecting 2

(

a) the requirements for consent under

section 3; (

b) forms for the purposes of expressing consent under this Act; (

c) the procedures for an application under

section 5; (

d) defining any word or phrase that is not defined in this Act for the purposes of this Act or the regulations; (

e) any other matter or thing that the Lieutenant Governor in Council considers appropriate for the purposes of this Act. Coming into force 9 This Act comes into force on Proclamation. 3 Title: 2006 (26th, 2nd) Bill 204, Parental Consent to Medical Treatment for Minors Act

Document details

Collection	Alberta — Bills
Citation	L26 S2 519
Type	bill
Volume / chapter	L26 S2 519
Language	en
Format	json
Source	PROVINCIAL
Identifier	aed14cfec9bc2f631686ba51761af7c5bd27a7a8

Source file is stored in the law ingest library (json).