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Senate advances bill shifting medical-decision presumption to parents; critics warn of child-safety risk
Summary
Sen. Thomasmoved a bill to presume competent parental medical decision-making for children unless the state proves otherwise; supporters say it protects parental rights, while opponents say the change is broad and could delay urgent care. The Senate sent the measure to third reading, 21-6-2.
Senator John Thomas introduced fourth substitute S.B. 90 on Feb. 10, 2004, proposing to change Utah law so that, in most cases, a parentis presumed competent to make medical decisions for a child unless the state proves otherwise beyond a reasonable doubt. "It switches a presumption and makes a presumption in favor of a parent's medical decision regarding their child when the parent is competent," Thomas said on the floor.
The bill would create a rebuttable presumption in favor of a "reasonable, prudent and fit" caregiver; allow…
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