Louisiana 2024 Regular Session

Louisiana House Bill HB975

Introduced
4/25/24  

Caption

Provides relative to a minor's consent for medical procedures and treatments

Impact

The introduction of HB 975 is expected to impact the healthcare landscape for minors significantly. Healthcare providers will now face a legal requirement to obtain parental consent for procedures that previously could be authorized by minors themselves, potentially limiting minors' access to immediate healthcare interventions. Moreover, the bill repeals existing laws that permitted minors to consent to certain health services and treatments, specifically in cases of drug dependency or preventive counseling without parental involvement. This change is viewed as a tightening of healthcare access for minors, particularly in sensitive situations where timely treatment may be urgent.

Summary

House Bill 975 aims to overhaul the consent requirements for medical procedures and services administered to minors in Louisiana. The bill mandates that informed, written consent from a parent, guardian, or legal guardian is required for all medical and mental health services provided to minors until they reach the age of 18. This change shifts authority away from minors to their guardians, a departure from the previous law which allowed certain medical consents to be validly executed by minors under specific conditions. The bill is notably strict regarding the necessity of parental approval for a wide range of medical interventions, with few exceptions such as abortion and care related to pregnancy and military service.

Sentiment

The sentiment surrounding HB 975 reflects a division among stakeholders. Supporters of the bill argue that it strengthens parental rights and ensures that guardians are involved in their minors' healthcare decisions, thereby promoting better health outcomes for children. Conversely, opponents emphasize the potential negative implications for minors’ autonomy, especially in urgent medical situations where parental consent may delay necessary treatment. Advocacy groups express concerns that the bill could exacerbate health risks for minors by reducing their ability to seek care independently.

Contention

Notable points of contention arise from the bill's sweeping changes to consent laws. Critics argue that requiring parental consent for all medical procedures may hinder timely access to care for minors, particularly those facing sensitive medical issues. The lack of flexibility in allowing minors to pursue certain forms of treatment independently has raised alarms among mental health advocates and healthcare professionals. Furthermore, the bill proposes to limit minor’s rights significantly compared to existing provisions, leading to debates about the balance between protecting children and recognizing their rights to make independent healthcare decisions.

Companion Bills

LA HB256

Replaces Provides relative to a minor's consent for medical procedures

Previously Filed As

LA HB463

Prohibits certain procedures to alter the sex of a minor child

LA HB648

Prohibits certain procedures to alter the sex of a minor child

LA HB468

Provides relative to utilization review standards and approval procedures for healthcare service claims submitted by healthcare providers (EN NO IMPACT See Note)

LA SB66

Provides relative to telehealth services. (1/1/24) (EN NO IMPACT See Note)

LA HB55

Provides relative to mental health treatment of incarcerated people (EN NO IMPACT See Note)

LA SB199

Provides relative to the protection of data.

LA HB419

Provides relative to Medicaid coverage for the Psychiatric Collaborative Care Model (RR INCREASE GF EX See Note)

LA HB592

Provides relative to driver education skills test

LA HB599

Authorizes certain healthcare practitioners to complete documentation related to illness and end of life treatment

LA HB61

Provides for consent of a legal representative of a minor who contracts with certain parties

Similar Bills

CA AB816

Minors: consent to medical care.

NC H519

Parents' Medical Bill of Rights

CA SB457

Vision care: consent by a minor.

MI SB0253

Probate: guardians and conservators; duties; modify. Amends secs. 5106, 5304, 5305, 5308, 5314 & 5418 of 1998 PA 386 (MCL 700.5106 et seq.).

CA AB2998

Opioid overdose reversal medications: pupil administration.

CA AB866

Juveniles: care and treatment.

NJ A1525

Requires parents and guardians be provided access medical records of minor patients.

NJ A5055

Requires parents and guardians be provided access medical records of minor patients.