Bill Text: MS SB2893 | 2025 | Regular Session | Introduced
Bill Title: Health-care decisions; require parental consent for those affecting unemancipated minors with limited exceptions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2025-02-04 - Died In Committee [SB2893 Detail]
Download: Mississippi-2025-SB2893-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary, Division A; Public Health and Welfare
By: Senator(s) Wiggins, Robinson
Senate Bill 2893
AN ACT TO AMEND SECTION 41-41-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PARENT OF AN UNEMANCIPATED MINOR HAS THE FUNDAMENTAL RIGHT TO DIRECT THE UPBRINGING, EDUCATION AND CARE, INCLUDING HEALTH CARE, OF THE MINOR, AND THAT GOVERNMENT SHALL NOT SUBSTANTIALLY BURDEN THAT RIGHT UNLESS IT DEMONSTRATES THAT DOING SO FURTHERS A COMPELLING GOVERNMENTAL INTEREST AND IS THE LEAST RESTRICTIVE MEANS OF FURTHERING SUCH INTEREST; TO REQUIRE PARENTAL CONSENT BEFORE PROVIDING HEALTH CARE TO AN UNEMANCIPATED MINOR, WITH CERTAIN EXCEPTIONS; TO AUTHORIZE AND EMPOWER CERTAIN INDIVIDUALS TO CONSENT ON BEHALF OF AN UNEMANCIPATED MINOR IF A PARENT'S RIGHT TO MAKE HEALTH CARE DECISIONS ON BEHALF OF THE MINOR HAS BEEN SUSPENDED OR TERMINATED; TO PROVIDE THAT THOSE WHO REASONABLY RELY IN GOOD FAITH ON AN INDIVIDUAL'S REPRESENTATION THAT THE INDIVIDUAL IS A MINOR'S PARENT SHALL NOT INCUR LIABILITY; TO REPEAL SECTION 41-41-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT A LICENSED PHYSICIAN OR NURSE PRACTITIONER WHO TREATS A MINOR FOR A VENEREAL DISEASE IS NOT OBLIGATED TO OBTAIN CONSENT FROM OR TO INFORM A PARENT OR GUARDIAN OF SUCH TREATMENT; TO REPEAL SECTION 41-41-14, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT ANY LICENSED PHYSICIAN OR PSYCHOLOGIST WHO CONSULTS WITH OR PRESCRIBES MEDICATION FOR A MINOR OF AT LEAST 15 YEARS OF AGE FOR MENTAL OR EMOTIONAL PROBLEMS CAUSED BY OR RELATED TO ALCOHOL OR DRUGS IS NOT OBLIGATED TO OBTAIN THE CONSENT OF THE SPOUSE, PARENT OR GUARDIAN OF SAID MINOR; TO AMEND SECTION 41-42-7, MISSISSIPPI CODE OF 1972, TO REMOVE FROM CERTAIN INDIVIDUALS AND ENTITIES THE AUTHORITY TO REFER A MINOR FOR CONTRACEPTIVE SUPPLIES AND INFORMATION; 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:
(2) A health-care provider, health-care institution or any other person shall obtain a parent's consent before providing health care to an unemancipated minor. Provided, however, that the parent's consent is not required when:
(a) A parent has given blanket consent authorizing a person to provide health care to the minor;
(b) The minor is in the custody of the Department of Child Protection Services;
(c) Authorized persons are acting in response to medical emergencies or mental health crises as permitted by the Mississippi Code, including, but not limited to, Sections 41-41-7, 41-21-61, 41-29-1491 or 73-25-37;
(d) The minor is donating blood pursuant to Section 41-41-15;
(e) A health-care provider or health-care institution conducts a test for any infectious disease pursuant to Section 41-41-16;
(f) An emergency medical services provider performs necessary acts pursuant to Section 43-15-201; or
(g) When a person acts reasonably to render appropriate, non-emergency first aid to a minor who appears or represents to be sick or injured. Such non-emergency first aid includes, but is not limited to, dressing minor wounds, applying topical agents, providing fluids or ice and performing checks to identify minor illnesses or injuries.
(3) In the event that a parent's right to make health-care decisions on behalf of the minor have been suspended or terminated, in addition to such other persons as may be so authorized and empowered, any one (1) of the following persons who is reasonably available, in descending order of priority, is authorized and empowered to consent on behalf of an unemancipated minor, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which may be suggested, recommended, prescribed or directed by a duly licensed physician:
(a) The minor's guardian or custodian.
* * *
( * * *b) An adult brother or sister of the
minor.
( * * *c) The minor's grandparent.
* * *
( * * *4) Any female, regardless of age or
marital status, is empowered to give consent for herself in connection with
pregnancy or childbirth.
(5) A health-care provider, health-care institution or any other person who reasonably relies in good faith on an individual's representation that the individual is a minor's parent shall not be liable for any claims, actions or damages brought under this section.
SECTION 2. Section 41-41-13, Mississippi Code of 1972, which provides that a licensed physician or nurse practitioner who renders medical care to a minor for treatment of a venereal disease is under no obligation to obtain consent from or to inform a parent or guardian of such treatment, is repealed.
SECTION 3. Section 41-41-14, Mississippi Code of 1972, which provides that any licensed physician or psychologist who consults with or prescribes medication for a minor of at least fifteen (15) years of age for mental or emotional problems caused by or related to alcohol or drugs is under no obligation to obtain the consent of the spouse, parent or guardian of said minor, is repealed.
SECTION 4. Section 41-42-7, Mississippi Code of 1972, is amended as follows:
41-42-7. Contraceptive
supplies and information may be furnished by physicians to any minor who is a
parent, or who is married * * *, or who has the consent of his or her parent or legal
guardian * * *.
SECTION 5. This act shall take effect and be in force from and after July 1, 2025.
