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

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