SB573 (2024) Detail

(New Title) establishing a committee to study consent and confidentiality laws applicable to adolescent and young adult health care in New Hampshire.


SB 573-FN - AS AMENDED BY THE SENATE

 

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

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

 

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

 

Amendments

Date Amendment
March 13, 2024 2024-1130s

Links


Date Body Type
Jan. 25, 2024 Senate Hearing
March 21, 2024 Senate Floor Vote
April 23, 2024 House Hearing

Bill Text Revisions

SB573 Revision: 41373 Date: March 21, 2024, 1:57 p.m.
SB573 Revision: 41198 Date: March 13, 2024, 2:36 p.m.
SB573 Revision: 40321 Date: Dec. 14, 2023, 8:35 a.m.

Docket


April 16, 2024: Public Hearing: 04/23/2024 09:30 am LOB 206-208


April 2, 2024: Introduced 04/02/2024 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