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 * * *, 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 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, a guardian of the minor or the minor's surrogate.

     (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. 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. * * * (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 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 * * * 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 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.

---