§577-28  Affidavit of caregiver consent for
minor's health care.  (a)  Except for children placed under the custody of
the department of human services, pursuant to proceedings under chapter 587, a
caregiver who possesses and presents a notarized affidavit of caregiver consent
for a minor's health care under subsection (b) may consent on behalf of a minor
to primary and preventive medical and dental care and diagnostic testing, and
other medically necessary health care and treatment.  Examination and treatment
shall be prescribed by or under the supervision of a physician, advanced
practice nurse, dentist, or mental health professional licensed to practice in
the State.



(b)  An affidavit of caregiver consent for a
minor's health care shall include the following:



(1)  The caregiver's name and current home address;



(2)  The caregiver's birthdate;



(3)  The number of the caregiver's Hawaii driver's
license or state identification card;



(4)  The relationship of the caregiver to the minor;



(5)  The minor's name;



(6)  The minor's birthdate;



(7)  The length of time the minor has resided with the
caregiver;



(8)  The caregiver's signature under oath affirming
the truth of the matter asserted in the affidavit;



(9)  The signature of the minor's parent, guardian, or
legal custodian consenting to the caregiver's authority over the minor's health
care; provided that the signature of the minor's parent, guardian, or legal
custodian shall not be necessary if the affidavit states that the caregiver has
been unable to obtain the signature of the minor's parent, guardian, or legal
custodian, and includes a statement by the caregiver documenting the attempts
to obtain the signature of the minor's parent, guardian, or legal custodian;
and



(10)  A statement, as follows:



 



"General Notices:



This declaration does not affect the rights
of the minor's parent, guardian, or legal custodian regarding the care,
custody, and control of the minor, other than with respect to health care, and
does not give the caregiver legal custody of the minor.



The minor's parent or legal custodian may at
any time rescind this affidavit of caregiver consent for a minor's health care
by providing written notification of the rescission to the appropriate health
care professional.



A person who relies in good faith on this
affidavit of caregiver consent for a minor's health care has no obligation to
conduct any further inquiry or investigation and shall not be subject to civil
or criminal liability or to professional disciplinary action because of that reliance."



 



(c)  The affidavit of caregiver consent for a
minor's health care shall be superseded by written notification from the
minor's parent, guardian, or legal custodian to the health care professionals
providing services to the minor that the affidavit has been rescinded.



(d)  Any person who relies in good faith on the
affidavit of caregiver consent for a minor's health care shall:



(1)  Have no obligation to conduct any further inquiry
or investigation; and



(2)  Not be subject to civil or criminal liability or
to professional disciplinary action because of such reliance.



(e)  The consent authorized by this section
shall not be applicable for purposes of the Individuals with Disabilities
Education Act (20 U.S.C. section 1400 et seq.) or section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. section 791).



(f)  The caregiver consent for a minor's health
care is a separate document and shall serve a purpose distinct from the
affidavit for caregiver consent under section 302A-482.



(g)  As used in this section,
"caregiver" means any person who is at least eighteen years of age
and:



(1)  Is related by blood, marriage, or adoption to the
minor, including a person who is entitled to an award of custody pursuant to
section 571-46(a)(2) but who is not the legal custodian or guardian of the
minor; or



(2)  Has resided with the minor continuously during
the immediately preceding period of six months or more. [L 2005, c 208, §1; am
L 2008, c 114, §4]