MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Public Health and Human Services

By: Representatives Yancey, Crawford

House Bill 1100

(As Passed the House)

AN ACT TO AMEND SECTION 41-41-3, MISSISSIPPI CODE OF 1972, TO PROHIBIT A HEALTH-CARE INSTITUTION OR HEALTH-CARE PROVIDER FROM PROVIDING HEALTH CARE FOR AN UNEMANCIPATED MINOR WITHOUT FIRST OBTAINING THE CONSENT OF THE MINOR'S PARENT, GUARDIAN OR SURROGATE; TO PROVIDE FOR CERTAIN EXCEPTIONS TO THE REQUIREMENT OF OBTAINING PARENTAL CONSENT; TO AUTHORIZE A PARENT, GUARDIAN OR SURROGATE OF AN UNEMANCIPATED MINOR TO BRING SUIT FOR ANY VIOLATION OF THIS ACT; TO AMEND SECTIONS 41-41-17 AND 41-42-7, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO REPEAL SECTION 41-41-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT A PHYSICIAN OR NURSE PRACTITIONER MAY TREAT MINORS FOR VENEREAL DISEASE WITHOUT PARENTAL CONSENT, AND SECTION 41-41-14, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT A PHYSICIAN OR PSYCHOLOGIST MAY TREAT CERTAIN MINORS FOR MENTAL OR EMOTIONAL PROBLEMS CAUSED OR RELATED TO ALCOHOL OR DRUGS WITHOUT PARENTAL CONSENT; 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)  For the purpose of this section, the terms health-care institution or health-care provider, unemancipated minor and surrogate shall have the meanings as defined in Section 41-41-203.

     ( * * *12)  Except as provided by subsection (3) of this section, it is * * *hereby recognized and established that * * *, 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 a health-care institution or health-care provider may provide health care that is 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)  The minor's parent.

  (c)  An adult brother or sister of the minor.

  (d)  The minor's grandparent. for an unemancipated minor only after first obtaining the consent of a parent with joint or separate legal custody of the minor, a guardian of the minor, or the minor's surrogate.  If a parent with joint or separate legal custody of the minor, a guardian of the minor, or the minor's surrogate has not consented or denied consent within seven (7) days after the first attempt by the health-care provider or health-care institution to contact the parent, guardian or surrogate at the last known telephone number or their telephone number provided by the minor or the minor's custodian, or if there is no known telephone number, twenty-one (21) days after mailing a request for consent to the parent's, guardian's or surrogate's last known address or their address provided by the minor or minor's custodian, which attempts shall be evidenced by verified documentation, then any one (1) of the following persons who are reasonably available, in descending order of priority, is authorized and empowered to consent on behalf of the minor:

(a)  The minor's custodian;

(b)  The minor's adult brother or sister; or

(c)  The minor's grandparent.

 * * *(2)  If none of the individuals eligible to act under subsection (1) is reasonably available, an adult who has exhibited special care and concern for the minor and who is reasonably available may act; the adult shall communicate the assumption of authority as promptly as practicable to the individuals specified in subsection (1) who can be readily contacted.

(3)  The consent required by subsection (2) of this section shall not be required:

(a)  In any circumstance regarding a person with mental illness as governed by Sections 41-21-61 through 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) years or 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 the Department of Child Protection Services (CPS) to which CPS consents;

(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, Section 43-15-201 et seq.

     ( * * *34)  Any female, regardless of age or marital status, is empowered to give consent for herself in connection with pregnancy or childbirth.

(5)  The provisions of this section do not affect other statutes of this state governing treatment for mental illness of an individual involuntarily committed to a mental health-care institution.

SECTION 2.  (1)  A parent, guardian or surrogate of an unemancipated minor may bring suit for any violation of Section 1 of this act and may raise Section 1 of this 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)  An action under this section may be brought, and relief may be granted, without regard to whether the person bringing the action has sought or exhausted available administrative remedies.

     (3)  Any person who successfully asserts a claim or defense under this section 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 section.

     SECTION 3.  Section 41-41-17, Mississippi Code of 1972, is amended as follows:

     41-41-17.  * * *(1) 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).

 * * * (2)  Unemancipated minors may participate as subjects in research, if that research is conducted in accordance with federal law (Title 45 CFR Part 46:  Protection of Human Subjects).

     SECTION 4.  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 * * *who is a parent, or who is married, or who has the consent of his or her parent or legal guardian, or who has been referred for such service by another physician, a clergyman, a family planning clinic, a school or institution of higher learning, or any agency or instrumentality of this state or any subdivision thereof except in compliance with the provisions of Section 41-41-3.

     SECTION 5.  Section 41-41-13, Mississippi Code of 1972, which provides that a physician or nurse practitioner may treat minors for venereal disease without parental consent, and Section 41-41-14, Mississippi Code of 1972, which provides that a physician or psychologist may treat certain minors for mental or emotional problems caused or related to alcohol or drugs without parental consent, are repealed.

     SECTION 6.  This act shall take effect and be in force from and after July 1, 2024.

---