Trans Legislation Tracker

Mississippi HB1345

HEALTHCAREFAILED

Parental consent; require for mental and behavioral services provided to unemancipated minors nothwithstanding federal regulations.

An Act To Exempt Any Official, Agent Or Employee Of The State Or A Political Subdivision Thereof From Enforcing Or Being Ordered To Enforce Any Federal Directive That Allows Any Medical, Health Care, Behavioral, Or Mental Health Treatment, Service, Therapy Or Counseling To An Unemancipated Minor Without Parental Notification Or Consent; To Provide A Cause Of Action By A Parent Or Legal Guardian Against Any Person, Corporation Or Other Entity, Who Violates The Medical And Mental Health Related Parental Notification And Consent Requirements; To Provide An Exclusion To Students From Participating In A Mental Health Or Behavioral Health Class Or Program Unless And Until A Parent Or Guardian Of The Student Consents In Writing To Such Participation; To Provide That Any School That Violated The Parental Notification Requirement Shall Be Subject To Civil Suit By The Parent Whose Rights To Notification And Consent Were Violated; To Bring Forward Section 41-41-3, Mississippi Code Of 1972, For The Purpose Of Possible Amendments; And For Related Purposes.

Legislative Session

inactive

2024 Regular Session

Selected quotes

It is the intention and purpose of the Legislature by this act to provide a civil action for damages in favor of any parent whose parental rights related to access, notification and consent for the medical care, health care, health records, and mental health treatment of their children are violated.

It is the further intention and purpose of the Legislature by this act to prohibit the officers of this state, or those of its political subdivisions, from administering or enforcing the referenced federal programs that impinge on parental rights.

Any federal executive order, agency order, rule, guidance document, memorandum, directive, regulation or administrative interpretation of a law or statute enrolled by the United States Congress and signed by the President of the United States, including, [...] any provision [...] which allow[s] any medical, health care, behavioral, or mental health treatment, service, therapy or counseling without parental notification or consent [...] shall not be enforced or ordered to be enforced by any official, agent or employee of this state or a political subdivision thereof, or any person acting under color of state law.

No student shall be required to participate in a mental health or behavioral health class or program unless and until a parent or guardian of the student consents in writing to such participation. If the instruction or program is a part of or is taught during a credit course, a student may be required to enroll in the course but shall not be required to receive instruction in or participate in the instruction or program unless and until a parent or guardian consents in writing.

Links

View bill on LegiScan

History

DateAction
2024-03-05Died In Committee
2024-02-19Referred To Judiciary A