RICHMOND Delegate L. Scott Lingamfelter,
R-Woodbridge, was alarmed to hear about the situation from a constituent last summer: In
Virginia, when minors receive treatment for drug abuse, sexually transmitted diseases or
other health problems that pose a serious risk, their parents need not be notified.
Existing law requires that parents be notified when a girl under 18 seeks an abortion.
Lingamfelter is sponsoring a bill that would require state and local government health
employees to tell parents about other serious health risks involving their children.
"When I introduced this bill, many people approached me and said they can't
believe that it is not the current law in Virginia to inform the parent when a child is
ill with a sexually transmitted disease or hooked on drugs or contemplating suicide,"
Lingamfelter said.
The House passed the legislation, 59-39, on Feb. 1. The Senate Education and Health
Committee is scheduled to discuss the bill on Feb. 12.
The proposed law could affect thousands of young people and their parents annually.
Last year, more than 4,700 minors with sexually transmitted diseases sought treatment from
the Virginia Department of Health, officials said.
Delegate L. Karen Darner, D-Arlington, fears that such young people will be reluctant
to seek medical help if they know the clinics will notify their parents. Darner was among
the delegates who voted against the bill.
She said the bill discriminates against low-income children, who are more likely than
affluent youngsters to seek low-cost government health services.
"Unfortunately, this bill also sets up a class system, because students who can
afford to seek private physicians will do so and there is no reporting required,"
Darner said.
Under the bill, parents would be notified whenever a minor receives treatment for any
disease, health condition or serious health risk, including "sexually transmitted
diseases, pregnancy, illegal drug use, promiscuous sexual behavior, and the contemplation
of suicide. In addition, this bill requires state and local government agency employees to
give parental notice at least seven days prior to providing or prescribing contraceptives
to any minor."
Lingamfelter said that in Prince William County, the schools adopted a policy to notify
parents when students sought treatment for serious health problems. The schools did not
notice any decline in children seeking help as a result of the policy, he said.
In fact, young people were "relieved to know that another responsible adult would
be involved in informing the parents," Lingamfelter said.
His bill initially was defeated in the House Committee on Health, Welfare and
Institutions on Jan. 23. But it was reconsidered and amended five days later to make it
easier for health care workers to fulfill their obligation to notify a minor's parents or
guardian.
As amended, the bill allows clinic employees to do that by certified mail with a return
receipt. Moreover, the employees can skip the notification if they believe the parents
would inflict physical or mental abuse on the child.
Lingamfelter's proposal comes as the General Assembly also is tightening the rules for
a minor to get an abortion.
Instead of simply notifying parents, an abortion provider would have to get their
consent before performing an abortion on a minor, under a bill sponsored by Delegate
Richard H. Black, R-Sterling.
His bill passed the House, 70 to 29, on Feb. 1. It was also scheduled for discussion
this week by the Senate Education and Health Committee.