SB 573-FN - AS AMENDED BY THE SENATE
03/21/2024 1130s
2024 SESSION
24-3117
12/06
SENATE BILL 573-FN
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
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AMENDED ANALYSIS
This bill establishes a committee to study consent and confidentiality laws applicable to adolescent and young adult health care in New Hampshire.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
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.
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
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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 | ||||||
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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
| Date | Amendment |
|---|---|
| March 13, 2024 | 2024-1130s |
| Date | Body | Type |
|---|---|---|
| Jan. 25, 2024 | Senate | Hearing |
| March 21, 2024 | Senate | Floor Vote |
| April 23, 2024 | House | Hearing |
| April 23, 2024 | House | Exec Session |
| April 23, 2024 | House | Floor Vote |
April 24, 2024: Committee Report: Ought to Pass 04/23/2024 (Vote 14-0; RC)
April 24, 2024: Executive Session: 04/23/2024 09:30 am LOB 206-208
April 16, 2024: Public Hearing: 04/23/2024 09:30 am LOB 206-208
April 2, 2024: Introduced (in recess of) 03/28/2024 and referred to Children and Family Law HJ 10
March 21, 2024: Ought to Pass with Amendment 2024-1130s, MA, VV; OT3rdg; 03/21/2024; SJ 7
March 21, 2024: Committee Amendment # 2024-1130s, AA, VV; 03/21/2024; SJ 7
March 14, 2024: Committee Report: Ought to Pass with Amendment # 2024-1130s, 03/21/2024; Vote 5-0; CC; SC 11
Jan. 17, 2024: Hearing: 01/25/2024, Room 100, SH, 01:45 pm; SC 4
Dec. 14, 2023: To Be Introduced 01/03/2024 and Referred to Judiciary; SJ 1