23-1462m Minors Ages 16 or Older Can Consent to Narcotic Replacement Therapy

Date: 12/21/23

Assembly Bill 816 expands minor consent to include narcotic replacement therapy only in a detoxification setting

Effective January 1, 2024, minors ages 16 or older may consent to receive medications that use buprenorphine, at a physician’s office, clinic, or health facility, by a licensed physician and surgeon or other health care provider, as specified, for opioid use disorder as narcotic replacement therapy without parent or guardian consent.

The bill would authorize a minor age 16 or older to consent to any other medications for opioid use disorder from a licensed narcotic treatment program as narcotic replacement therapy without parent or guardian consent only if, and to the extent, expressly permitted by federal law.

Parental or guardian consent is necessary for maintenance narcotic replacement therapy

Maintenance narcotic replacement therapy may be prescribed using a maintenance medication such as methadone or suboxone in conjunction with participation in abstinence-based-treatment in a structured program.

Section 6929 of the Family Code has been amended and provides guidance for the practitioner:

• The treatment plan of a minor authorized by this section shall include the involvement of the minor’s parent or guardian, if appropriate, as determined by the professional person or treatment facility treating the minor.
• The professional person providing medical care or counseling to a minor shall state in the minor’s treatment record whether and when the professional person attempted to contact the minor’s parent or guardian, and whether the attempt to contact the parent or guardian was successful or unsuccessful, or the reason why, in the opinion of the professional person, it would not be appropriate to contact the minor’s parent or guardian.
  

Additional information

Relevant sections of the provider operations manuals will be revised to reflect the information contained in this update as applicable. The provider operations manual is available in the Provider Resources section of the provider website.
Providers are encouraged to access CHWP’s provider portal for real-time information, including eligibility verification, claims status, prior authorization status, plan summaries, and more.
If you have questions regarding the information contained in this update, contact CHWP at 877 658 0305.

 

This information applies to Physicians, Independent Practice Associations (IPAs), Hospitals, and Ancillary Providers.