Senate Bill 41/House Bill 132: Putting Minors in Charge of Their Mental Health Treatment

During the 2021 session, the Maryland Legislature passed Senate Bill 41/House Bill 132, which lowers the age at which minors may seek emotional health care without a parent or guardian’s consent. The law went into effect October 1, 2021.

The law allows minors 12 to 16 to seek mental and emotional health treatment without the permission from their parent or guardian. The law requires that the child may only receive treatment if the child is deemed to be mature enough to seek the treatment. The health care provider, from who the minor is seeking the treatment, decides whether the child is mature enough or not. The law only recognizes heath care providers as those who are (1) licensed under the Health Occupations Articles; and (2) are acting within the scope of the individual’s license to diagnose and treat mental and emotional disorders. This specification limits whom a child may seek out for treatment.

It can be difficult for parents or guardians to relinquish control over their child’s health treatment, whether mental or physical, and because of that the law has some safeguards built in for them. Regardless of child consent, the law provides that parents or guardians may be informed of their child’s care plan, so no one is kept completely in the dark. Most importantly, the law does not allow children under the age of 16 to be prescribed psychiatric medication without parent or guardian permission. Although in these instances it is in the hands of the minor to seek out the treatment, parents can still be involved.

What this law seeks to accomplish is clear. The law presents an opportunity to struggling youth to access the treatment they need when they feel they cannot ask a parent or guardian for it. The law especially allows greater access to mental health treatment for those children who are struggling with things they are not comfortable exploring with their parent or guardian, such as LGBTQ+ issues, abusive relationships, or uncomfortable family situations.

There is some concern, however, giving so much responsibility to minors in this age group. It may be difficult for these minors to determine whether the treatment or therapy approach suggested is appropriate for them. Additionally, another issue arises in how these services will be covered when the minor is likely on a parent’s insurance or does not have the fiscal means to cover this treatment themselves.

The law on its face and what it seeks to accomplish is a great aid for struggling minors. The law could really support a child going through a parent’s separation or custody battle help themselves. The law, however, may have a serious impact on the parents or guardians in cases involving legal custody disputes and selection of therapy because the it puts the choice in the hands of the child.