Text of NH SB 573 (2024)

SB 573-FN - AS INTRODUCED 2024 SESSION 24-3117 12/06 SENATE BILL 573-FN AN ACT relative to parental consent for medical care. SPONSORS: Sen. Ward, Dist 8; Sen. Gannon, Dist 23; Sen. Gray, Dist 6; Sen. Avard, Dist 12; Sen. Carson, Dist 14; Sen. Birdsell, Dist 19; Sen. Murphy, Dist 16; Rep. Kofalt, Hills. 32; Rep. Sellers, Graf. 18; Rep. Peternel, Carr. 6; Rep. Seidel, Hills. 29 COMMITTEE: Judiciary ----------------------------------------------------------------- ANALYSIS This bill requires any person, private entity, government entity, or any employee or agent of any private or government entity obtain the consent of a parent of a child before performing or asking to perform various medical care interventions on the child. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation: Matter added to current law appears in bold italics. Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 24-3117 12/06 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Four AN ACT relative to parental consent for medical care. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Chapter; Parental Consent to Medical and Mental Health Care. Amend RSA by inserting after chapter 170:H the following new chapter: CHAPTER 170:I PARENTAL CONSENT TO MEDICAL AND MENTAL HEALTH CARE 170-I:1 Parental Consent to Medical and Mental Health Care Required. Except as otherwise provided by statute or court order, a person, private entity, government entity, or any employee or agent of any private or government entity must obtain the consent of a parent of a child before taking any of the following actions: I. Soliciting to perform, arranging for the performance of, or performing surgical procedures upon a child; II. Soliciting to perform, arranging for the performance of, or performing a physical or medical examination upon a child; III. Prescribing or dispensing any prescription drug or medication to a child; or IV. Soliciting to perform, arranging for the performance of, or performing mental health practice, as defined in RSA 330-A:2, VI, on a child. 170-I:2 Parental Consent to Medical Care; Limitations. The provisions of this section do not apply to an abortion, which shall be governed by RSA 132:32-36. This chapter shall not apply if: I. A parent of the child has given a blanket consent authorizing the person or entity to perform an activity listed in 170-I:1; or II. It has been reasonably determined by the person or entity that either of the following conditions is true: (a) it is necessary to perform an activity listed in RSA 170-I:1 in order to prevent the child’s death or imminent, irreversible physical injury to the child; or (b) a parent of the child cannot be located or contacted after a reasonably diligent effort. 170-I:3 Parental Consent to Medical Care; Civil Action. I. A parent may bring suit for any violation of this chapter and may raise this chapter as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the government, any private person, or any other party. II. A parent who successfully asserts a claim or defense under this chapter may recover declaratory relief, injunctive relief, compensatory damages, reasonable attorneys’ fees and costs, and any other appropriate relief. III. A government entity shall indemnify its employees for any liability incurred by the employee and for any judgment entered against the employee for claims arising under this section; provided however that a government entity does not have to indemnify an employee if the employee was convicted of a criminal violation for the conduct from which the claim arises. 2 Effective Date. This act shall take effect 60 days after its passage. LBA 24-3117 11/30/23 SB 573-FN- FISCAL NOTE AS INTRODUCED AN ACT relative to parental consent for medical care. FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None Estimated State Impact - Increase / (Decrease) FY 2024 FY 2025 FY 2026 FY 2027 Revenue $0 $0 $0 $0 Revenue Fund(s) None Expenditures $0 Indeterminable Indeterminable Indeterminable Funding Source(s) General Fund Appropriations $0 $0 $0 $0 Funding Source(s) None • Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No Estimated Political Subdivision Impact - Increase / (Decrease) FY 2024 FY 2025 FY 2026 FY 2027 County Revenue $0 $0 $0 $0 County Expenditures $0 Indeterminable Indeterminable Indeterminable Local Revenue $0 $0 $0 $0 Local Expenditures $0 Indeterminable Indeterminable Indeterminable METHODOLOGY: This bill requires any person or public or private entity to obtain the consent of a parent before performing medical procedures and/or evaluations on, or prescribing medication to, a child. The bill creates a private right of action by allowing parents to bring suit for any violation of the newly-established chapter. While there is no way of knowing how many cases might be brought as a result of the bill, the Judicial Branch has provided the following cost estimates for individual civil cases: Judicial Branch Average Cost FY 2024 FY 2025 Superior Court Complex Civil Case $1,320.96 $1,347.38 Superior Court Routine Civil Case $493.64 $503.51 There may also be an indeterminable cost for any state or local government entity that serves as a defendant in the civil suits permitted by the bill. AGENCIES CONTACTED: Judicial Branch

SB 573-FN - VERSION ADOPTED BY BOTH BODIES 03/21/2024 1130s 2024 SESSION 24-3117 12/06 SENATE BILL 573-FN AN ACT establishing a committee to study consent and confidentiality laws applicable to adolescent and young adult health care in New Hampshire. SPONSORS: Sen. Ward, Dist 8; Sen. Gannon, Dist 23; Sen. Gray, Dist 6; Sen. Avard, Dist 12; Sen. Carson, Dist 14; Sen. Birdsell, Dist 19; Sen. Murphy, Dist 16; Rep. Kofalt, Hills. 32; Rep. Sellers, Graf. 18; Rep. Peternel, Carr. 6; Rep. Seidel, Hills. 29 COMMITTEE: Judiciary ----------------------------------------------------------------- AMENDED ANALYSIS This bill establishes a committee to study consent and confidentiality laws applicable to adolescent and young adult health care in New Hampshire. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation: Matter added to current law appears in bold italics. Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 03/21/2024 1130s 24-3117 12/06 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Four AN ACT establishing a committee to study consent and confidentiality laws applicable to adolescent and young adult health care in New Hampshire. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Committee Established. There is established a committee to study consent and confidentiality laws applicable to adolescent and young adult health care in New Hampshire. 2 Membership and Compensation. I. The members of the committee shall be as follows: (a) Two members of the senate appointed by the president of the senate, including one member from the majority and one member from the minority. (b) Three members of the house of representatives, appointed by the speaker of the house of representatives. II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee. 3 Duties. The committee shall: I. Review current New Hampshire health care consent laws, including circumstances where parental consent is not required by law; II. Review New Hampshire confidentiality laws and identify what protections exist for health care information for minors in New Hampshire; III. Solicit testimony from any person or organization with relevant information or expertise; and IV. Assess whether any areas of health care in New Hampshire are not currently covered under existing parental consent laws and do not currently fall under existing New Hampshire or Federal law exemptions to parental consent for medical care. 4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 30 days of the effective date of this section. Three members of the committee shall constitute a quorum. 5 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2024. 6 Effective Date. This act shall take effect upon its passage. LBA 24-3117 11/30/23 SB 573-FN- FISCAL NOTE AS INTRODUCED AN ACT relative to parental consent for medical care. FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None Estimated State Impact - Increase / (Decrease) FY 2024 FY 2025 FY 2026 FY 2027 Revenue $0 $0 $0 $0 Revenue Fund(s) None Expenditures $0 Indeterminable Indeterminable Indeterminable Funding Source(s) General Fund Appropriations $0 $0 $0 $0 Funding Source(s) None • Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No Estimated Political Subdivision Impact - Increase / (Decrease) FY 2024 FY 2025 FY 2026 FY 2027 County Revenue $0 $0 $0 $0 County Expenditures $0 Indeterminable Indeterminable Indeterminable Local Revenue $0 $0 $0 $0 Local Expenditures $0 Indeterminable Indeterminable Indeterminable METHODOLOGY: This bill requires any person or public or private entity to obtain the consent of a parent before performing medical procedures and/or evaluations on, or prescribing medication to, a child. The bill creates a private right of action by allowing parents to bring suit for any violation of the newly-established chapter. While there is no way of knowing how many cases might be brought as a result of the bill, the Judicial Branch has provided the following cost estimates for individual civil cases: Judicial Branch Average Cost FY 2024 FY 2025 Superior Court Complex Civil Case $1,320.96 $1,347.38 Superior Court Routine Civil Case $493.64 $503.51 There may also be an indeterminable cost for any state or local government entity that serves as a defendant in the civil suits permitted by the bill. AGENCIES CONTACTED: Judicial Branch