Revision: Dec. 14, 2023, 8:35 a.m.
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
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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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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.
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