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Panel clears amended bill tightening parental consent for minors' medical procedures
Summary
After extensive amendment and debate, the committee reported HB 400 favorable with amendments that revise minors' consent language, provide exceptions, require parental access to medical records and add protections for providers; sponsors said they will continue negotiations before the floor.
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The committee on May 14 reported House Bill 400 favorable with a new amendment package that substantially revises language on minors' consent to medical procedures, parental access to records and exceptions for abused or neglected minors.
Representative Chenniver (sponsor) and Representative Canavero presented an amended set that merged previously considered substantive changes and added language clarifying definitions of abuse and neglect, informed consent and exceptions that allow minors to consent under specified circumstances. The amendment set also added a statutory protection that a health care facility or licensed provider “shall not incur civil or criminal liability” for treating a minor in accordance with the bill’s provisions.
Committee members and stakeholders questioned how the changes would affect post-secondary students, custodial determinations and mandatory reporting. Representative Spell and others asked who would determine whether a minor is “exhibiting signs of abuse or neglect”; sponsors said the provider at the point of contact would do that assessment and that the bill preserves existing mandatory-reporting obligations. Representative Chenniver said he would continue discussions with stakeholders and legal counsel between committee and the floor to address outstanding concerns.
Outcome: Representative Stagney moved to report HB 400 favorable with the amended set (amendment set 2740, seven amendments); the motion carried with no recorded objections. Committee members asked sponsors to continue working with hospitals, child-welfare stakeholders and legal counsel before the House floor vote.
Next steps: Sponsors and staff pledged to refine definitions and limits on parental access to records, guardianship language and exceptions for minors already in postsecondary education prior to floor consideration.
