Senate Bill 2106

AN ACT TO PROHIBIT ANY PHYSICIAN, NURSE OR OTHER EMPLOYEE OF THE STATE DEPARTMENT OF HEALTH FROM PERFORMING ANY SURGICAL OR MEDICAL TREATMENT OR PROCEDURE OR CONSULT WITH OR PRESCRIBE MEDICATION FOR A MINOR WITHOUT OBTAINING THE WRITTEN CONSENT OF THE PARENT OR GUARDIAN; TO PROVIDE EXCEPTIONS AND PENALTIES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) As used in this section:

(a) "Minor" means any person who is fifteen (15) years of age or less.

(b) "Guardian" means any person standing in loco parentis of the minor, whether formally serving or not, including any guardian, conservator or custodian.

(c) "Emergency" means a situation wherein, incompetent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain a consent would reasonably jeopardize the life, health or limb of the minor affected, or would reasonably result in disfigurement or impairment of faculties of the minor.

(d) "Consult" means a person-to-person instructional conversation with the minor in a confidential setting, and not a group instructional setting.

(2) No physician, nurse or other employee of the State Department of Health shall perform any surgical or medical treatment or procedures on, or consult with or prescribe medication for, a minor without obtaining the written consent of the parent or guardian of said minor.

(3) The prohibition in subsection (2) shall not apply if:

(a) The minor is married;

(b) An emergency exists;

(c) The physician, nurse or employee of the State Department of Health is rendering medical care to a minor for treatment of a venereal disease as provided in Section 41-41-13, Mississippi Code of 1972;

(d) The minor is voluntarily donating blood;

(e) The physician, nurse or employee of the State Department of Health is conducting tests for infectious diseases as authorized by law; or

(f) The minor has been ordered by a competent court to undergo the treatment, procedure, prescription or consultation.

(4) Any person found to have violated the provisions of this section shall not be entitled to any civil liability protections afforded by the Mississippi Tort Claims Act, Section 11-46-1 et seq., and the State of Mississippi shall not be liable for any judgment rendered, or any legal fees or expenses incurred, as a result of that person's malpractice while violating the provisions of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.