42 U.S.C. § 9852a | Parental consent requirement for nonemergency intrusive physical examinations

(a)

Definition

The term “nonemergency intrusive physical examination” means, with respect to a child, a physical examination that—

(1)

is not immediately necessary to protect the health or safety of the child involved or the health or safety of another individual; and

(2)

requires incision or is otherwise invasive, or involves exposure of private body parts.

(b)

Requirement

A Head Start agency shall obtain written parental consent before administration of any nonemergency intrusive physical examination of a child in connection with participation in a program under this subchapter.

(c)

Rule of construction

Nothing in this section shall be construed to prohibit agencies from using established methods, for handling cases of suspected or known child abuse and neglect, that are in compliance with applicable Federal, State, or tribal law.

Pub. L. 97–35, title VI, § 657A Pub. L. 110–134, § 25Dec. 12, 2007121 Stat. 1443(, as added , , .)

Editorial Notes

Prior Provisions

Pub. L. 97–35, title VI, § 657A Pub. L. 103–252, title I, § 123May 18, 1994108 Stat. 650 Pub. L. 105–285, title I, § 118Oct. 27, 1998112 Stat. 2727A prior section 9852a, , as added , , , related to consultation with Corporation for National and Community Service, prior to repeal by , , .