[USC02] 42 USC 9852a: Parental consent requirement for nonemergency intrusive physical examinations
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42 USC 9852a: Parental consent requirement for nonemergency intrusive physical examinations Text contains those laws in effect on July 6, 2020
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 105-COMMUNITY SERVICES PROGRAMSSUBCHAPTER II-HEAD START PROGRAMS

§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, as added Pub. L. 110–134, §25, Dec. 12, 2007, 121 Stat. 1443 .)

Prior Provisions

A prior section 9852a, Pub. L. 97–35, title VI, §657A, as added Pub. L. 103–252, title I, §123, May 18, 1994, 108 Stat. 650 , related to consultation with Corporation for National and Community Service, prior to repeal by Pub. L. 105–285, title I, §118, Oct. 27, 1998, 112 Stat. 2727 .