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Senate advances bill creating presumption in favor of parental health-care decisions for minors
Summary
Senate Bill 83 would create a legal presumption favoring parental decisions on children's health care, allowing rebuttal only by clear and convincing evidence; the bill passed to third reading after an amendment changing 'medical' to 'health care' opinion language and drew support from the Division of Child and Family Services and the Attorney General's Office.
Senate Bill 83, sponsored by Senator Thomas, seeks to codify a presumption that parents are entitled to make health-care decisions for their minor children and allows that presumption to be rebutted by clear and convincing evidence in court.
Senator Thomas described the bill as a successor to a prior measure (SB90) and said he revised the standard from "beyond a reasonable doubt" to "clear and convincing evidence" at the recommendation of the Attorney General's Office. He explained the bill also expands "medical opinion" language to "health care opinion" so parents may seek second opinions from a wider set of health-care providers and experts.
Lawmakers asked detailed questions about scope and safeguards. Senator Davis asked how broadly "health care" might be defined; the sponsor said it intentionally allows a wide range of health-care opinions, including some alternative medical practitioners, but stressed that judges would weigh the credibility of any expert testimony. The bill includes language limiting malpractice liability for providers who give opinions and allows parents to assume responsibility for their choices absent state intervention.
The Senate adopted a floor amendment changing the statutory language from "medical opinion" to "health care opinion," and with no opposition on the floor the bill was read for third time with a recorded vote of 26 yes, 0 nay (3 absent).
