[§577D-2]  Consent to primary medical care
and services.  (a)  A licensed health
care practitioner may provide primary medical care and services to a minor who
consents to the primary medical care and services if the physician reasonably
believes that:



(1)  The minor understands the significant benefits
and risks of the proposed primary medical care and services and can communicate
an informed consent;



(2)  The primary medical care and services are for the
minor's benefit; and



(3)  The minor is a "minor without support",
as defined in section 577D-1.



(b)  Any consent given under this section shall
be valid and binding as if the minor had reached the age of majority and the
minor shall be deemed to have, and shall have the same legal capacity to act,
and the same legal obligations with regard to the giving of an informed
consent, as a person of full legal age and capacity, the infancy of the minor
and any contrary provisions of law notwithstanding.



(c)  The consent given under this section shall
not be subject to later disaffirmance by reason of the patient's minority.



(d)  No consent of any other person, including
a spouse, parent, custodian, or guardian, shall be necessary to authorize a
licensed health care practitioner to provide primary medical care and services
to a minor without support under this section.



(e)  Any licensed health care practitioner who
in good faith renders primary medical care and services to a minor without
support in accordance with the requirements of subsection (a) shall have immunity
from any civil or criminal liability based on that determination; provided that
a licensed health care practitioner whose determination under subsection (a) is
the result of gross negligence or wilful or wanton acts or omissions shall be
liable for damages suffered by the minor resulting from the gross negligence or
wilful or wanton acts or omissions.



(f)  If a minor without support consents to
receive primary medical care and services, the spouse, parent, custodian, or
guardian of the minor shall not be liable for the legal obligations resulting
from the primary medical care and services provided by a licensed health care
practitioner.  A minor without support who consents to the provision of primary
medical care and services under this chapter shall assume financial
responsibility for the costs of the primary medical care and services. 
Notwithstanding any other law to the contrary, a spouse, parent, custodian, or
guardian whose consent has not been obtained or who has no prior knowledge that
a minor without support has consented to the provision of primary medical care
and services shall not be liable for the costs incurred by virtue of the
minor's consent.



(g)  No licensed health care practitioner shall
be held liable for treating a minor patient who has misrepresented that he or
she is a minor without support.



(h)  Notwithstanding any other law to the
contrary, an action to recover any debt founded upon any contract, obligation,
or liability made pursuant to this chapter shall not commence until the minor
without support has reached the age of majority; provided that any action shall
commence within two years of the date the minor reaches the age of majority.



(i)  If a claim for primary medical care or
services obtained under this chapter is filed with a managed care plan or
health insurance plan under which a minor without support is enrolled, and the
minor does not want the plan to disclose information regarding the claim to a
spouse, parent, custodian, or guardian, the minor, or the licensed health care
practitioner rendering the primary medical care and services on behalf of the
minor, shall so notify the plan prior to submitting the claim.  The plan may
require that the request for confidential communication be made in writing and
that it contain a statement that disclosure of all or part of the information
to which the request pertains could endanger the minor.  The plan shall have
fourteen days to make any changes necessary to comply with the request for
confidentiality. The plan may accommodate requests by the minor or the licensed
health care practitioner to receive communications related to the primary
medical care and services by alternative means or at alternative locations. [L
2007, c 35, pt of §2]