Bill Text: MS SB2875 | 2024 | Regular Session | Introduced
Bill Title: Parental consent for minor's healthcare treatment; establish certain provisions related thereto.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2875 Detail]
Download: Mississippi-2024-SB2875-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Public Health and Welfare
By: Senator(s) England
Senate Bill 2875
AN ACT TO AMEND SECTION 41-41-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A HEALTH CARE PROVIDER MAY PROVIDE HEALTH CARE NOT PROHIBITED BY LAW FOR AN UNEMANCIPATED MINOR ONLY AFTER FIRST OBTAINING THE CONSENT OF A PARENT, GUARDIAN OR SURROGATE; TO SET CERTAIN CONSENT REQUIREMENTS; TO AMEND SECTION 41-41-17, MISSISSIPPI CODE OF 1972, TO DELETE THE AUTHORIZATION THAT MINORS MAY PARTICIPATE AS SUBJECTS IN RESEARCH; TO AMEND SECTION 41-42-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CONTRACEPTIVE SUPPLIES AND INFORMATION MAY NOT BE FURNISHED BY A PHYSICIAN TO ANY MINOR EXCEPT IN CERTAIN CASES; TO REPEAL SECTION 41-41-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT NO PARENTAL CONSENT IS REQUIRED FOR TREATMENT OF VENEREAL DISEASE; TO REPEAL SECTION 41-41-14, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR MENTAL HEALTH TREATMENT OF MINORS AGE 15 AND OVER WITHOUT PARENTAL CONSENT; TO CREATE A NEW SECTION THAT AUTHORIZES A PARENT TO BRING SUIT FOR ANY VIOLATION OF THIS ACT; TO PROVIDE THAT ANY PERSON WHO SUCCESSFULLY ASSERTS A CLAIM OR DEFENSE UNDER THIS ACT MAY RECOVER DECLARATORY RELIEF, INJUNCTIVE RELIEF, NOMINAL DAMAGES, COMPENSATORY DAMAGES REASONABLE ATTORNEY'S FEES AND COSTS, AND ANY OTHER APPROPRIATE RELIEF; TO PROVIDE THAT SOVEREIGN, GOVERNMENTAL AND QUALIFIED IMMUNITIES TO SUIT AND FROM LIABILITY ARE WAIVED AND ABOLISHED TO THE EXTENT OF LIABILITY CREATED BY THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-41-3, Mississippi Code of 1972, is amended as follows:
41-41-3. (1) Except as provided
by subsection (2), it is hereby recognized and established that * * * a health care institution
or health care provider may provide health care not prohibited by law * * *
for an unemancipated minor only after first
obtaining the consent of a parent with joint or separate legal custody, a guardian
of the minor or the minor's surrogate.
(2) * * * The consent required by
subsection (1) shall not be required:
(a) In any circumstance regarding a person with mental illness as governed by Sections 41-21-61 to 41-21-109;
(b) In an emergency as provided for in Section 41-41-7;
(c) When a judicial consent is obtained pursuant to Section 41-41-9;
(d) In relation to minors age sixteen (16) and older donating to a blood bank as provided for in Section 41-41-15;
(e) In relation to physicians or hospitals authorizations to test for or diagnose infectious disease as provided for in Section 41-41-16;
(f) In relation to any minor in the custody of Child Protective Services as provided for in Section 43-21-105;
(g) In relation to any inmate lacking the capacity to make health-care decisions as provided for in Section 47-5-180; or,
(h) In relation to the baby drop-off law, Sections 43-15-201 et seq.
(3) Any female, regardless of age or marital status, is empowered to give consent for herself in connection with pregnancy or childbirth.
(4) For purposes of this section, "health care institution," "health care provider," "unemancipated minor" and "surrogate" shall have the same definitions as those terms do in Section 41-41-203, respectively.
SECTION 2. Section 41-41-17, Mississippi Code of 1972, is amended as follows:
41-41-17. * * * Any
adult, as defined in Section 41-41-203(a), Mississippi Code of 1972, or
emancipated minor, as defined in Section 41-41-203(e), Mississippi Code of
1972, may consent to participate as a subject in research if that research is
conducted in accordance with federal law (Title 45 CFR Part 46: Protection of
Human Subjects).
* * *
SECTION 3. Section 41-42-7, Mississippi Code of 1972, is amended as follows:
41-42-7. Contraceptive supplies
and information may not be furnished by physicians to any minor * * * except in compliance with
the provisions of Section 41-41-3.
SECTION 4. (1) A parent may bring suit for any violation of this act and may raise the act as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state government, any private person, or any other party.
(2) Notwithstanding any other provision of law, an action under this act may be commenced, and relief may be granted, without regard to whether the person commencing the action has sought or exhausted available administrative remedies.
(3) Any person who successfully asserts a claim or defense under this act may recover declaratory relief, injunctive relief, nominal damages, compensatory damages reasonable attorneys' fees and costs, and any other appropriate relief.
(4) Sovereign, governmental and qualified immunities to suit and from liability are waived and abolished to the extent of liability created by this act.
SECTION 5. (1) Section 41-41-13, which provides that no parental consent is required for treatment of venereal disease, and 41-41-14, which provides for mental health treatment of minors age 15 and over without parental consent, of the Mississippi Code of 1972, are hereby repealed.
SECTION 6. This act shall take effect and be in force from and after July 1, 2024.
