MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Public Health and Welfare
By: Senator(s) Hill
AN ACT TO ENACT THE MISSISSIPPI FAMILIES' RIGHTS AND RESPONSIBILITIES ACT TO PROVIDE THAT THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, OR ANY OTHER GOVERNMENTAL ENTITY SHALL NOT SUBSTANTIALLY BURDEN THE FUNDAMENTAL RIGHT OF A PARENT TO DIRECT THE UPBRINGING, EDUCATION, HEALTH CARE AND MENTAL HEALTH OF THAT PARENT'S CHILD WITHOUT DEMONSTRATING THAT THE BURDEN IS REQUIRED BY A COMPELLING GOVERNMENTAL INTEREST OF THE HIGHEST ORDER AS APPLIED TO THE PARENT AND THE CHILD AND IS THE LEAST RESTRICTIVE MEANS OF FURTHERING THAT COMPELLING GOVERNMENTAL INTEREST; TO REQUIRE THE CONSENT OF A PARENT OR GUARDIAN FOR CERTAIN ACTIONS, INCLUDING PRESCRIBING MEDICATION OR PERFORMING SURGERY; TO SET CERTAIN EXCEPTIONS TO THE CONSENT REQUIREMENT; TO PROVIDE THAT NO STATE EMPLOYEE SHALL WITHHOLD INFORMATION ABOUT THE CHILD'S PHYSICAL, EMOTIONAL OR MENTAL HEALTH FROM THE PARENT; TO PROVIDE A CAUSE OF ACTION TO THE PARENT FOR ANY VIOLATION OF THE ACT; TO PROVIDE THAT A PARENT MAY RAISE THE PROVISIONS OF THIS ACT AS A DEFENSE AGAINST CERTAIN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS; TO SET CERTAIN LIMITATIONS ON THE PROVISIONS OF THE ACT; TO AMEND SECTION 41-10-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A HEALTH CARE PROVIDER, HEALTH CARE FACILITY OR ITS AGENT(S), OR ANY COMBINATION THEREOF, OR MEDICAL STAFF OF A SCHOOL SHALL NOT WITHHOLD MEDICAL RECORDS FROM A PARENT OR GUARDIAN OF AN UNEMANCIPATED MINOR UNDER 18 YEARS OF AGE OR REQUIRE A PARENT OR GUARDIAN TO RECEIVE THE CONSENT OF AN UNEMANCIPATED MINOR UNDER 18 YEARS OF AGE TO BE GRANTED ACCESS TO THE MINOR'S MEDICAL RECORDS; TO AMEND SECTION 41-41-14, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THE ACT; TO REPEAL SECTION 41-41-13, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THAT A MEDICAL PROVIDER HAS NO OBLIGATION TO OBTAIN PARENTAL CONSENT FOR THE TREATMENT OF MINORS FOR VENEREAL DISEASE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Title. This chapter shall be known and may be cited as the "Mississippi Families' Rights and Responsibilities Act."
SECTION 2. Definitions. For purposes of this chapter, the following terms shall have the meanings ascribed herein:
(a) "Child" means any person, male or female, under eighteen (18) years of age, in accordance with Section 1-3-27.
(b) "Parent" means the father or mother to whom the child has been born, or the father or mother by whom the child has been legally adopted, in accordance with Section 43-21-105. For purposes of this act, "parent" shall also include a court-appointed guardian of the person of a child.
SECTION 3. Parental rights and responsibilities. (1) The state, any political subdivision of the state, or any other governmental entity shall not substantially burden the fundamental right of a parent to direct the upbringing, education, health care and mental health of that parent's child without demonstrating that the burden is required by a compelling governmental interest of the highest order as applied to the parent and the child and is the least restrictive means of furthering that compelling governmental interest.
(2) Except as otherwise provided by law or court order, a person, private entity, government entity, or any employee or agent of any private or government entity must obtain the consent of a parent of a child before taking any of the following actions:
(a) Procuring, soliciting to perform, arranging for the performance of, providing a referral for, or performing surgical procedures upon a child;
(b) Procuring, soliciting to perform, arranging for the performance of, providing a referral for, or performing a physical or medical examination upon a child;
(c) Prescribing or dispensing any prescription drug or medication to a child; or
(d) Procuring, soliciting to perform, arranging for the performance of, providing a referral for, or performing a mental health evaluation in a clinical or nonclinical setting or mental health treatment on a child.
(3) This section shall not apply if:
(a) A parent of the child has given a blanket consent authorizing the person or entity to perform an activity listed in subsection (2) of this section; or
(b) It has been reasonably determined by the person or entity that an emergency exists and either of the following conditions is true:
(i) It is necessary to perform an activity listed in subsection (2) of this section in order to prevent death or imminent, irreparable physical injury to the child, or
(ii) A parent of the child cannot be located or contacted after a reasonably diligent effort.
(4) This section does not authorize or allow a parent to abuse or neglect a child. This section does not prohibit a court from issuing an order that is otherwise permitted by law.
(5) No employee of this state, except for law enforcement personnel in the performance of their duty, shall encourage or coerce a child to withhold information from the child's parent. Nor shall any such employee withhold from a child's parent information that is relevant to the physical, emotional or mental health of the child.
(6) A parent may bring suit for any violation of this section and may raise this section as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the government, any private person or any other party.
(7) A parent who successfully asserts a claim or defense under this act may recover declaratory relief, injunctive relief, compensatory damages, reasonable attorney's fees and costs, and any other appropriate relief.
(8) A government entity shall indemnify its employees for any liability incurred by the employee and for any judgment entered against the employee for claims arising under this section; provided, however, that a government entity does not have to indemnify an employee if the employee was convicted of a criminal violation for the conduct from which the claim arises.
SECTION 4. Section 41-10-5, Mississippi Code of 1972, is amended as follows:
41-10-5. (1) A health care provider or its agent(s), or both, shall provide medical records and billing records that are in their possession or custody to the patient who is the subject of the records or the patient's representative within thirty (30) days from the date a valid request from the patient or the patient's representative is received by the health care provider or its agent(s). As used in this section, the term "medical records" shall have the same meaning as defined in Section 41-10-3(1).
(a) Withhold medical records from a parent or guardian of an unemancipated minor under eighteen (18) years of age; or
(b) Require a parent or guardian to receive the consent of an unemancipated minor under eighteen (18) years of age to be granted access to the minor's medical records.
For purposes of this section, "medical records" shall include all medical records in the possession of the health care provider, health care facility, or school, including any medical records that are accessed electronically. The term "health care provider," when used in this section, shall have the same meaning as ascribed in Section 83-47-3. The term "health care facility," when used in this section, shall have the same meaning as ascribed in Section 83-47-3.
(3) A parent or guardian may bring suit for any violation of subsection (2) of this section and obtain compensatory damages, punitive damages, injunctive relief, declaratory relief or any other appropriate relief. Such claim may be brought against any health care provider, health care facility or any combination thereof, who caused or contributed to a violation of this act.
SECTION 5. Section 41-41-14, Mississippi Code of 1972, is amended as follows:
41-41-14. (1) Any
physician or psychologist duly licensed to practice medicine or psychology in
the State of Mississippi, who in the exercise of due care consults with or prescribes
medication for * * *
an unemancipated minor * * * for mental
or emotional problems caused by or related to alcohol or drugs * * * shall obtain
the consent of the * * *
parent or guardian of said minor * * *.
(2) The licensed physician
or psychologist * * * shall * * * inform the * * * parent or guardian of * * * an unemancipated minor in the circumstances
enumerated as to the treatment given or needed and the information * * * shall be given to the * * * parent or guardian without the consent
of the minor patient and over the express refusal of the minor patient.
(3) The parent * * * or guardian shall not be financially
liable for any such consultation unless and until they have consented to the
same.
SECTION 6. Section 41-41-13, Mississippi Code of 1972, which establishes that a medical provider has no obligation to obtain parental consent for the treatment of minors for venereal disease, is hereby repealed.
SECTION 7. This act shall take effect and be in force from and after July 1, 2024.