AMENDED IN SENATE MARCH 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

96

CHAPTER 152

Statutes of 2023

[ Approved by Governor September 1, 2023. Filed with Secretary of State September 1, 2023. ]

Introduced by Senators Menjivar and Ashby

February 13, 2023

An act to amend Section 6922 of, and to add Section 6904 to, the Family Code, relating to minors.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law authorizes a minor 15 years of age or older to consent to the minor’s medical care or dental care, if the minor is living separate and apart from the minor’s parents or guardian and the minor is managing their own financial affairs, as specified. Existing law authorizes a physician and surgeon or dentist, with or without the minor’s consent, to advise the minor’s parent or guardian of the treatment given or needed if the physician and surgeon has reason to know the parent’s or guardian’s whereabouts, based on information given by the minor. Under existing law, a parent or guardian is not liable for care provided according to these provisions.

This bill additionally would authorize minors to consent to their own vision care, and would authorize an optometrist to advise a minor’s parent or guardian of the care given or needed, under the same conditions applicable to the provision of medical care and dental care. The bill would define “vision care” as the diagnosis, prevention, treatment, and management of disorders, diseases, and dysfunctions of the visual system and the provision of habilitative or rehabilitative optometric services by a licensed optometrist, as specified.

The people of the State of California do enact as follows:

SECTION 1.

Section 6904 is added to the Family Code, to read:

6904.

“Vision care” means the diagnosis, prevention, treatment, and management of disorders, diseases, and dysfunctions of the visual system and the provision of habilitative or rehabilitative optometric services by an optometrist licensed pursuant to Article 1 (commencing with Section 3000) of Chapter 7 of Division 2 of the Business and Professions Code.

SEC. 2.

Section 6922 of the Family Code is amended to read:

6922.

(a) A minor may consent to the minor’s medical care, vision care, or dental care if all of the following conditions are satisfied:

(1) The minor is 15 years of age or older.

(2) The minor is living separate and apart from the minor’s parents or guardian, whether with or without the parent’s or guardian’s consent and regardless of the duration of the separate residence.

(3) The minor is managing the minor’s own financial affairs, regardless of the source of the minor’s income.

(b) The parents or guardian are not liable for medical care, vision care, or dental care provided pursuant to this section.

(c) A physician and surgeon, optometrist, or dentist may, with or without the consent of the minor patient, advise the minor’s parent or guardian of the treatment given or needed if the physician and surgeon, optometrist, or dentist has reason to know, on the basis of the information given by the minor, the whereabouts of the parent or guardian.