00HOUSE BILL NO. 372                                                                                                    
01 "An Act placing limits on prescribing and providing a contraceptive drug or                                             
02 device to a minor."                                                                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 25.20.025(a) is amended to read:                                                                  
05  (a)  Except as prohibited under AS 18.16.010(a)(3)  and (d) of this section ,                                       
06   (1)  a minor who is living apart from the minor's parents or legal                                                   
07 guardian and who is managing the minor's own financial affairs, regardless of the                                       
08 source or extent of income, may give consent for medical and dental services for the                                    
09 minor;                                                                                                                  
10   (2)  a minor may give consent for medical and dental services if the                                                 
11 parent or legal guardian of the minor cannot be contacted or, if contacted, is unwilling                                
12 either to grant or withhold consent; however, where the parent or legal guardian cannot                                 
13 be contacted or, if contacted, is unwilling either to grant or to withhold consent, the                                 
14 provider of medical or dental services shall counsel the minor keeping in mind not                                      

01 only the valid interests of the minor but also the valid interests of the parent or                                     
02 guardian and the family unit as best the provider presumes them;                                                        
03   (3)  a minor who is the parent of a child may give consent to medical                                                
04 and dental services for the minor or the child;                                                                         
05   (4)  a minor may give consent for diagnosis [, PREVENTION] or                                                        
06 treatment of pregnancy, and for diagnosis and treatment of venereal disease;                                            
07   (5)  the parent or guardian of the minor is relieved of all financial                                                
08 obligation to the provider of the service under this section.                                                           
09    * Sec. 2.  AS 25.20.025 is amended by adding a new subsection to read:                                             
10  (d)  A person who has the authority to prescribe contraceptive drugs or devices                                       
11 may not prescribe a contraceptive drug or device for a minor and may not provide a                                      
12 contraceptive drug or device to a minor that is available only by prescription unless                                   
13   (1)  the minor is married or has had the disabilities of minority removed                                            
14 under AS 09.55.590;                                                                                                     
15   (2)  the minor has the written consent of one of the minor's custodial                                               
16 parents or the minor's custodial legal guardian to receive the drug or device;                                          
17   (3)  a court has ordered that the minor may receive the drug or device;                                              
18 or                                                                                                                      
19   (4)  the person with the authority to prescribe the drug or device has                                               
20 given actual written notice to a custodial parent or custodial legal guardian of the                                    
21 minor, notifying the parent or legal guardian of the intent to prescribe or provide the                                 
22 drug or device, at least five business days before prescribing or providing the drug or                                 
23 device.