Youngstown Daily Legal News

Bill designed to help pregnant minors get prenatal care

KEITH ARNOLD
Special to the Legal News
Published: July 31, 2017

A bill that would no longer require a pregnant girl to file for judicial emancipation in order to make medical decisions about the pregnancy or her health otherwise has been introduced in the Ohio House of Representatives.

The Democrat lawmakers sponsoring the measure - Reps. Nickie Antonio and Kristin Boggs of Lakewood and Columbus, respectively - believe the move ultimately will result in better prenatal care.

"I believe that all expectant mothers should have access to health care and safe delivery options, regardless of their age," Boggs said in a press release last week. "I hope this legislation will encourage expectant mothers to get the care they need to support their health, and their baby's health, even if their legal guardians are unwilling to support their pregnancy."

Current law includes a judicial emancipation process for minors who wish to make their own medical decisions, the lawmakers noted. Many pregnancy-related medical conditions, however, must be immediately addressed in order to ensure the best outcome for the health of mother and child.

"A labor and delivery nurse actually brought this important issue to my attention," Antonio said in the same release. "Too many young women in Ohio are not receiving the prenatal treatment they desperately need.

"This legislation will help ensure happy, healthy babies are brought into the world."

House Bill 302 would allow pregnant minors to consent to healthcare from the prenatal stage through delivery of the baby and includes family planning services, which presumably would draw criticism from pro-life Republicans.

The bill specifically states: "At the minor's initial prenatal visit to the health care facility or health care professional, the facility or professional shall request permission from the minor to contact the minor's spouse or any parent, guardian, or person acting in loco parentis to the minor for the purpose of seeking additional medical information that may be necessary or helpful to the provision of proper health care to the minor or her unborn child.

"Such consent is not subject to disaffirmance because the minor has not reached the age of majority," HB 302 detailed. "The consent of any other person is not needed to authorize the provision of health care under this section, including consent from ... the minor's spouse, parent, or guardian; a person acting in loco parentis to the minor; or the putative father of the unborn child."

The Cleveland nurse who raised the issue - Maureen Sweeney - said she finds herself, as a patient advocate, conflicted in such circumstances.

"Under current law minors are unable to consent to procedures during pregnancy and later during delivery, resulting in delayed medical intervention," she said in a prepared statement. "Pregnancy should not be a traumatic experience.

"My hope is that with this legislation young women will be able to consent to care, resulting in healthier outcomes for themselves and their children."

The bill remains compliant of Health Insurance Portability and Accountability Act regulations which protect patient's privacy.

Language specifies that the treating health care professional only inform a spouse, parent or guardian of the pregnant minor of the health care provided or needed. The patient's medical history could not be shared.

The minor's parent or guardian would not be liable for the cost of treatment or services provided to the minor or her unborn child, according to another provision of the bill.

The joint sponsors expect HB 302 to be referred to a committee after the House's summer recess.

Nine fellow representatives have signed on as cosponsors.

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