SB2893: Health-care decisions; require parental consent for those affecting unemancipated minors with limited exceptions.

Legislative Summary

An Act To Amend Section 41-41-3, Mississippi Code Of 1972, To Provide That A Parent Of An Unemancipated Minor Has The Fundamental Right To Direct The Upbringing, Education And Care, Including Health Care, Of The Minor, And That Government Shall Not Substantially Burden That Right Unless It Demonstrates That Doing So Furthers A Compelling Governmental Interest And Is The Least Restrictive Means Of Furthering Such Interest; To Require Parental Consent Before Providing Health Care To An Unemancipated Minor, With Certain Exceptions; To Authorize And Empower Certain Individuals To Consent On Behalf Of An Unemancipated Minor If A Parent's Right To Make Health Care Decisions On Behalf Of The Minor Has Been Suspended Or Terminated; To Provide That Those Who Reasonably Rely In Good Faith On An Individual's Representation That The Individual Is A Minor's Parent Shall Not Incur Liability; To Repeal Section 41-41-13, Mississippi Code Of 1972, Which Provides That A Licensed Physician Or Nurse Practitioner Who Treats A Minor For A Venereal Disease Is Not Obligated To Obtain Consent From Or To Inform A Parent Or Guardian Of Such Treatment; To Repeal Section 41-41-14, Mississippi Code Of 1972, Which Provides That Any Licensed Physician Or Psychologist Who Consults With Or Prescribes Medication For A Minor Of At Least 15 Years Of Age For Mental Or Emotional Problems Caused By Or Related To Alcohol Or Drugs Is Not Obligated To Obtain The Consent Of The Spouse, Parent Or Guardian Of Said Minor; To Amend Section 41-42-7, Mississippi Code Of 1972, To Remove From Certain Individuals And Entities The Authority To Refer A Minor For Contraceptive Supplies And Information; And For Related Purposes.