Committee defers bill to require parental consent for most minor medical treatments amid broad stakeholder concern

House Bill 400, introduced as a measure to prioritize parental involvement in minors' medical decisions, was voluntarily deferred after extended testimony from legal and health-policy stakeholders.

The committee adopted an amendment set (Amendment 18 20) that, among other changes, requires a person lawfully exercising parental authority to consent for all medical and mental-health services for a minor except in specified circumstances: if the minor is a member of the armed forces, is emancipated, is pregnant and seeking pregnancy-related care, is seeking care for a venereal disease, or is seeking care for alcohol or substance misuse. The amendment also requires providers to provide parents, tutors or legal guardians copies of medical records for minors.

Multiple witnesses raised concerns about how the bill would interact with existing law protecting minors’ access to certain services and with the Children’s Code, and several medical, mental-health and child-advocacy organizations registered formal opposition on the record. Kathleen Cook, deputy general counsel for the Department of Health Advocacy Service, told the committee that Louisiana's Children's Code and other statutes already control many aspects of treatment for minors and that the bill could create statutory conflicts, particularly for mental-health treatment and judicial commitment matters.

Other testifiers supported greater parental involvement; proponents argued parental knowledge and consent are important to safe care. The committee agreed to voluntarily defer HB 400 to allow the sponsor time to work with LDH, child-welfare advocates, medical-provider organizations and other stakeholders on clarifications and drafting changes.