The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Education Pre-K -12
BILL: SB 1288
INTRODUCER: Senator Grall
SUBJECT: Parental Rights
DATE: March 24, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Brick Bouck ED Favorable
2. JU
3. RC
I. Summary:
SB 1288 modifies parental consent requirements for health care services and the use of
biofeedback devices on minors. The bill removes exceptions to parental rights related to making
health care decisions, accessing medical records, and consenting to DNA collection for their
minor child. It also grants parents the right to review and approve surveys or questionnaires
given to their child.
The bill removes an exception that allows, if specifically authorized in law, health care
practitioners to provide certain health care services or prescribe medicinal drugs to minors
without parental consent. Additionally, the bill restricts medical procedures on minors in health
care facilities, requiring written parental consent unless emergency care is needed or a court
order is obtained.
The bill classifies the use of biofeedback devices as a health care service, requiring express
written parental consent before use on a minor. It also mandates that all biofeedback results be
provided to parents and maintained as confidential medical records.
The bill takes effect July 1, 2025.
II. Present Situation:
Parental Rights in Florida
Florida law protects a broad set of parental rights, ensuring that parents retain authority over
education, healthcare, and other key decisions affecting their children.
1
1
Section 1014.04(1), F.S.
REVISED: BILL: SB 1288 Page 2
Parents have the right to direct the education and care of their minor child.
2
Parents may:
• Choose the type of schooling for their child, including public, private, religious, or home
education programs.
3
• Access and review all school records related to their minor child.
4
• Direct the moral or religious upbringing of their child.
5
Schools must promptly notify parents if a school employee suspects a criminal offense has been
committed against their child, unless notification would interfere with a law enforcement or DCF
investigation.
6
Parents have the right to make health care decisions for their minor children, including access to
medical records and control over medical services and personal health data.
7
Except where
otherwise authorized by law, health care practitioners must obtain parental consent before
providing medical services to a minor.
8
Parents also retain the right to:
• Access and review all medical records, unless the parent is under investigation for a crime
against the child and law enforcement has requested records not be released.
9
• Provide written consent before any biometric scan or DNA sample is taken, stored, or
shared.
10
• Examine and provide consent before a school district may administer a student well-being
questionnaire or health screening form to a student in kindergarten through grade 3.
11
Additionally, written parental consent is required before:
• A video or voice recording of a minor child is created by a government entity, except for
purposes such as classroom instruction, security monitoring, or forensic investigations.
12
• The state or any entity collects, stores, or shares a child’s DNA or blood sample, unless
required by general law or a court order.
13
These provisions help ensure that parents retain control over their child’s health care and
personal data, while allowing limited exceptions for security or legal purposes.
Exceptions to Parental Consent
Under current law, minors may independently consent to certain health care services without
parental approval. These exceptions include:
2
Section 1014.04(1)(a), F.S.
3
Section 1014.04(1)(c), F.S.
4
Section 1014.04(1)(d), F.S.
5
Section 1014.04(1)(b), F.S.
6
Section 1014.04(1)(j), F.S.
7
Section 1014.04(1)(e)-(f), F.S.
8
Section 1014.06(1), F.S.
9
Section 1014.04(1)(f), F.S.
10
Section 1014.04(1)(g)-(h), F.S.
11
Section 1001.42(8)(c)6., F.S.
12
Section 1014.04(1)(i), F.S.
13
Section 1014.04(1)(h), F.S. BILL: SB 1288 Page 3
• Treatment for Sexually Transmissible Diseases (STDs) – A minor may consent to
examination and treatment for STDs without parental involvement.
14
• Emergency Medical Treatment – A minor may receive emergency medical care if parental
consent is unavailable.
15
• Mental Health Services – A minor aged 13 or older may consent to diagnostic and evaluative
mental health services. However, parental consent is required for therapeutic services beyond
two visits within a one-week period.
16
• Blood Donation – A minor at least 17 years old may donate blood, provided there is no
written objection from the parent or guardian.
17
• Pregnancy-Related Care – An unwed, pregnant minor may consent to medical or surgical
care related to her pregnancy. However, this does not include medical care unrelated to
pregnancy.
18
• Substance Abuse Treatment – A minor may consent to substance abuse treatment without
parental approval.
19
• Substitute Consent – If a parent or legal guardian is unavailable and cannot be contacted after
reasonable attempts, certain relatives—including stepparents, grandparents, adult siblings, or
adult aunts and uncles—may provide consent for the minor’s medical treatment.
20
In addition to these statutory exceptions, Florida law also restricts a parent’s authority under
certain legal circumstances.
When a Parent is Prohibited by Law from Making Health Care Decisions
In certain circumstances, a parent may be legally prohibited from making health care decisions
for their minor child, including:
• Termination or Restriction of Parental Rights – A parent loses medical decision-making
authority if a court terminates their rights due to abuse, neglect, or abandonment. In such
cases, a legal guardian, foster parent, or the Department of Children and Families (DCF)
assumes this role.
21
• Court Orders for Abuse, Neglect, or Domestic Violence – A court may issue a protective
order restricting a parent’s ability to make medical decisions.
22
• Incapacity or Unfitness of the Parent – A parent deemed legally incapacitated, such as due to
severe mental illness or substance abuse, may lose decision-making authority, which
transfers to a court-appointed guardian.
23
• Court-Ordered Medical Treatment – A court may override parental consent if a parent
refuses life-saving or medically necessary treatment for their child.
24
14
Section 384.30, F.S.
15
Section 743.064, F.S.
16
Section 394.4784, F.S.
17
Section 743.06, F.S.
18
Section 743.065, F.S.
19
Section 397.601, F.S.
20
Section 743.0645, F.S.
21
Section 39.806, F.S.
22
Section 741.30, F.S.
23
Section 744.3215, F.S.
24
Section 39.407(2), F.S. BILL: SB 1288 Page 4
These legal provisions ensure that minors receive necessary medical treatment when a parent is
legally prohibited from providing consent.
Health Care Providers and Practitioners
Health Care Providers
The term “provider” under Florida law refers to any facility, agency, or service that is regulated
by the Agency for Health Care Administration (AHCA) and requires licensure to provide
services.
25
Licensed providers include, but are not limited to, hospitals, nursing homes, home
medical equipment providers, and health care clinics.
26
Providers that fail to obtain proper
licensure may face administrative penalties, moratoriums on accepting new clients, or revocation
of their license.
27
Health Care Practitioners
Florida law defines a health care practitioner as any person licensed under a broad range of
health-related professional regulations. Section 456.001(4), F.S., establishes this definition,
covering practitioners licensed under statutes regulating physicians, nurses, pharmacists, mental
health professionals, and other medical providers.
28
Health care practitioners include, but are not limited to:
• Medical doctors and osteopathic physicians (Chapters 458 and 459, F.S.).
• Chiropractic physicians and podiatrists (Chapters 460 and 461, F.S.).
• Optometrists and pharmacists (Chapters 463 and 465, F.S.).
• Nurses, including advanced practice registered nurses (Chapter 464, F.S.).
• Dentists and midwives (Chapters 466 and 467, F.S.).
• Physical therapists, occupational therapists, and speech-language pathologists (Chapters 468
and 486, F.S.).
• Psychologists, clinical social workers, marriage and family therapists, and mental health
counselors (Chapters 490 and 491, F.S.).
Enforcement & Penalties for Violating Parental Consent Laws
Disciplinary Actions for Violations of Parental Consent Requirements
Florida law subjects health care practitioners to disciplinary action for violations of professional
standards or statutory requirements.
29
Failure to comply with parental consent requirements is a
disciplinary violation, and practitioners may face penalties for providing services to a minor
without obtaining required parental consent.
30
25
Section 408.803(12), F.S.
26
Section 408.802, F.S.
27
Section 408.803(11), F.S.
28
Section 456.001(4), F.S.
29
Section 456.072(1), F.S.
30
Section 456.072(1)(rr), F.S. BILL: SB 1288 Page 5
Penalties for Violating Parental Consent Requirements
If a licensed health care provider is found in violation of the parental consent requirements the
provider may be subject to one or more of the following penalties:
31
• Suspension or permanent revocation of a license.
• Administrative fines up to $10,000 per violation.
• Practice restrictions, including limitations on work settings or the type of services the
practitioner may provide.
• Probationary conditions, such as mandated supervision, continuing education, or corrective
actions.
• Issuance of a reprimand or letter of concern.
• Requirement to refund fees billed to a patient or third-party payer¹.
Enforcement and Legal Actions
Florida law establishes enforcement mechanisms to ensure compliance with health care
regulations. These include:
• Assessment of investigative and prosecution costs against the practitioner if disciplinary
action is taken.
32
• The ability to seek an injunction or writ of mandamus to prohibit continued violations.
33
• Permanent revocation of a license for severe violations, with limited options for
reapplication.
34
Additionally, AHCA is authorized to penalize providers that fail to comply with parental consent
requirements, up to $500 per offense.
35
Biofeedback in Educational and Clinical Settings
Biofeedback is a technique that enables individuals to gain control over physiological processes
by providing real-time feedback on bodily functions such as heart rate, muscle tension, and
brainwave activity.
36
Biofeedback Applications
In educational settings, biofeedback has been explored as a tool to enhance student performance,
manage stress, and address behavioral and learning challenges.
37
Studies have investigated its
31
Section 456.072(2), F.S.
32
Section 456.072(4), F.S.
33
Section 456.072(5), F.S.
34
Section 456.072(6), F.S.
35
Section 408.813(3), F.S.
36
Mayo Clinic, Biofeedback Basics, available at https://www.mayoclinic.org/tests-procedures/biofeedback/about/pac-
20384664 (last visited Mar. 18, 2025).
37
ResearchGate, Reducing Anxiety and Improving Academic Performance Through a Biofeedback Relaxation Training
Program, available at
https://www.researchgate.net/publication/317660383_Reducing_Anxiety_and_Improving_Academic_Performance_Through
_a_Biofeedback_Relaxation_Training_Program (last visited Mar. 18, 2025). BILL: SB 1288 Page 6
effectiveness in treating childhood behavioral and learning disorders, including anxiety and
attention-related conditions.
38
Some studies suggest that biofeedback can be comparable to cognitive-behavioral therapy (CBT)
for anxiety-related disorders, with no significant differences in treatment outcomes.
39
Other
studies indicate that biofeedback, when combined with behavior modification training, has
shown improvements in attention regulation and behavioral outcomes for children with ADHD.
40
Biofeedback devices are also marketed for non-clinical educational applications. Some products,
such as wearable biofeedback tools and neurofeedback headsets, claim to help students improve
focus and emotional regulation.
41
Educational programs have incorporated biofeedback training
in stress management programs and learning interventions.
42
Regulatory Landscape in Florida
Florida law regulates certain biofeedback applications under the practice of psychology and the
practice of school psychology, as defined in the Psychological Services Act.
43
The law includes
biofeedback as one of the scientific and applied psychological principles, methods, and
procedures used for modifying human behavior and treating mental, nervous, psychological, and
emotional disorders.
44
The use of biofeedback for psychological purposes is restricted to
psychologists appropriately trained in its use.
45
Additionally, school psychologists are authorized to provide psychoeducational, developmental,
and behavioral interventions in school settings.
46
The practice of school psychology includes
counseling, behavior techniques, environmental management, and group processes—services
that may overlap with certain biofeedback applications.
47
Separately, neurofeedback, a subset of biofeedback that specifically targets brainwave activity, is
regulated under the Board of Occupational Therapy Practice.
48
Practitioners using neurofeedback
38
ResearchGate, The Use of Biofeedback on Students: A Systematic Review, available at
https://www.researchgate.net/publication/355655679_The_Use_of_Biofeedback_on_Students_a_Systematic_Review (last
visited Mar. 18, 2025).
39
ScienceDirect, Comparing Cognitive-Behavioral Therapy and Biofeedback for Anxiety Disorders, available at
https://www.sciencedirect.com/science/article/abs/pii/000579679500008L (last visited Mar. 18, 2025).
40
Frontiers in Psychiatry, Behavior Modification and EEG Biofeedback Therapy for ADHD,
https://www.frontiersin.org/journals/child-and-adolescent-psychiatry/articles/10.3389/frcha.2023.1235310/full (last visited
Mar. 18, 2025).
41
Biofeedback & Neurofeedback Therapy, Biofeedback for Academic Success, https://biofeedback-neurofeedback-
therapy.com/biofeedback-for-academic-success/ (last visited Mar. 18, 2025).
42
Biofeedback & Neurofeedback Therapy, Biofeedback for Academic Success, https://biofeedback-neurofeedback-
therapy.com/biofeedback-for-academic-success/ (last visited Mar. 18, 2025).
43
Sections 490.001 and 490.003, F.S.
44
Section 490.003(4), F.S.
45
Section 490.003(4)(b), F.S.
46
Section 490.003(5), F.S.
47
Section 490.003(5), F.S.
48
Florida Board of Occupational Therapy, Regulations on Neurofeedback Devices,
https://floridasoccupationaltherapy.gov/prescription-devices-modalities-certification-faqs/ (last visited Mar. 18, 2025). BILL: SB 1288 Page 7
for clinical purposes must complete at least 16 hours of didactic instruction and five supervised
treatments in a clinical setting.
49
However, biofeedback devices marketed for educational or non-clinical applications are not
specifically addressed under Florida law. While some biofeedback tools are designed for
licensed professionals, others are sold directly to consumers, including educators and students.
50
III. Effect of Proposed Changes:
SB 1288 modifies parental consent requirements for health care services and the use of
biofeedback devices on minors.
Parental Rights
The bill amends s. 1014.04, F.S., to remove exceptions to the parental right to:
• Make health care decisions for his or her minor child.
• Access and review all medical records of his or her minor child, unless the parent is the
subject of an investigation of a crime committed against the minor child and a law
enforcement agency or official requests that the information not be released.
• Consent in writing before any record of his or her minor child’s blood or deoxyribonucleic
acid (DNA) is created, stored, or shared, except as authorized pursuant to a court order.
The bill establishes the parental right to:
• Review and consent to any survey or questionnaire given to his or her minor child.
• Approve the sharing or distribution of survey or questionnaire responses or results, after
receiving notice of the recipient, purpose, and specific information to be shared.
The bill amends s. 1014.06, F.S., to remove an exception that previously allowed certain health
care services to be provided to a minor without parental consent if otherwise authorized by law.
As a result, the bill prohibits a health care practitioner, or an individual employed by such a
practitioner, from providing, soliciting, or arranging to provide health care services or
prescribing medicinal drugs to a minor child without first obtaining written parental consent,
with no exceptions.
The bill further removes an exception that previously allowed a medical procedure to be
performed on a minor child in a health care facility without parental consent if otherwise
authorized by law. The bill limits the remaining exceptions to cases of emergency medical care
or as authorized by a court order. As a result, a health care provider may not allow a medical
procedure to be performed on a minor child in its facility without first obtaining written parental
consent, except in cases of emergency medical care or when authorized by a court order.
49
Rule 64B11-4.001(3), F.A.C.
50
Mayo Clinic, Biofeedback: What is it and how does it work?, https://www.mayoclinic.org/tests-
procedures/biofeedback/about/pac-20384664 (last visited Mar. 18, 2025); MindBody Devices, Biofeedback Devices,
https://mindbodydevices.com/biofeedback-devices/ (last visited Mar. 18, 2025); Biofeedback & Neurofeedback Therapy,
Biofeedback for Academic Success, https://biofeedback-neurofeedback-therapy.com/biofeedback-for-academic-success/ (last
visited Mar. 18, 2025). BILL: SB 1288 Page 8
Regulation of Biofeedback Devices
The bill defines the use of a biofeedback device as a health care service for the purpose of
parental consent requirements. The bill defines “biofeedback device” as an instrument or sensor
used to measure bodily functions, such as heart rate variability, brain waves, or breathing rate,
for the purpose of improving performance.
The bill prohibits the use of a biofeedback device on a minor child without first obtaining
express written permission from the minor child’s parent or guardian. The bill requires that if a
parent or guardian consents to the use of a biofeedback device, all results must be provided to the
parent or guardian and must otherwise be maintained as a confidential medical record.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None. BILL: SB 1288 Page 9
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 1014.04 and
1014.06.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.