2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VIII - Mental Health (§§ 4001-6151 — 6184) › Chapter 201A - Mental Health Code of 2000 (§§ 6152 — 6166g) › Subchapter X - Mental Health Services with Greater Autonomy for Minors (§§ 6161 — 6161c) › § 6161 - Contingent right to request counseling and treatment

Any minor between fourteen (14) and eighteen (18) years of age may request and receive counseling or psychotherapy and, if necessary, receive outpatient mental healthcare treatment for a maximum period of six (6) sessions if the child and adolescent psychiatrist, physician, psychiatrist, psychologist, social worker, or professional counselor determines that such minor is capable of making such a decision. Services shall not be denied to the minor due to lack of financial resources. During the course of the process, the child and adolescent psychiatrist, psychiatrist, physician, psychologists, social worker, or professional counselor shall determine the kind of mental health services, if any, that the minor needs and give his/her recommendations. If the minor should need more than six (6) sessions or require treatment at another level, the professional shall advise and help him/her to acknowledge the advantage of obtaining authorization from his/her parent with legal or physical custody or his/her legal guardian.
However, consent by the minor’s parent with legal or physical custody, legal guardian, or surrogate parent, shall not be necessary to authorize counseling or psychotherapy for, or if necessary, the treatment of such minor, and the former shall not be notified of said intervention without the minor’s consent, except in those cases in which the child and adolescent psychiatrist, physician, psychiatrist, psychologist, social worker, professional counselor, or any other healthcare professional finds that the minor is at risk of inflicting harm upon him/herself or others or damaging property. In cases in which notice to the minor’s parent with legal or physical custody, legal guardian, or surrogate parent is necessary, the minor shall be immediately informed of such notice. Once the parent with legal or physical custody, the legal guardian, or the surrogate parent has been notified, the mental healthcare professional shall obtain consent to conduct the applicable intervention.
As pertains to counseling or treatment for substance-related disorders, the initial term shall not exceed seven (7) sessions if the physician, psychiatrist, psychologist, social worker, or professional counselor finds that the minor is capable of making such decision. During the course of the process, the psychiatrist, psychologist, physician, social worker, or professional counselor shall determine the kind of mental healthcare services that the minor needs, if any, and give his/her recommendations. If the minor should need more than seven (7) sessions or require treatment at another level, the professional shall advise and help him/her to acknowledge the advantage of obtaining authorization from his/her parent with legal or physical custody or his/her legal guardian. As pertains to substance dependency-related cases, the pertinent laboratory or drug screening tests may be administered if the properly licensed healthcare professional believes these to be necessary.
Counseling or treatment shall be kept confidential, and no document shall be remitted between the mental healthcare service provider and the minor’s parent with legal or physical custody or legal guardian, until the sessions have been completed as established in this section. Consent by the minor’s parent with legal or physical custody, legal guardian, or surrogate parent shall not be necessary to authorize counseling or psychotherapy for, or if necessary, the mental healthcare treatment of the minor, and the former shall not be notified of said intervention without the minor’s consent, except in those cases in which the child and adolescent psychiatrist, psychiatrist, physician, psychologist, social worker, professional counselor, or any other healthcare professional finds that the minor is at risk of inflicting harm upon him/herself or others or damaging property. In cases in which notice to the minor’s parent with legal or physical custody, legal guardian, or surrogate parent is necessary, the minor shall be immediately informed of such notice. Once the parent with legal or physical custody, the legal guardian, or the surrogate parent has been notified, the mental healthcare professional shall obtain consent to conduct the applicable intervention.
Services shall not be denied to the minor due to lack of financial resources. Costs arising from counseling, psychotherapy, or outpatient treatment services for minors may be billed to the minor’s health insurance, if applicable. In this chapter, a session is equal to an outpatient treatment visit without medication. Services may also be terminated if the minor fails to attend or if services are concluded by mutual consent.
History —Oct. 2, 2000, No. 408, § 10.01; Aug. 6, 2008, No. 183, § 56.