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The House Health Standing Committee has advanced SB101, a measure that originally would raise the age at which minors can consent to medical treatment from 14 to 18. Introduced by Sen. Larry Stutts, R-Tuscumbia, the bill states that minors under a certain age must obtain parental consent for most medical services, including mental health counseling and vaccinations, except in cases such as pregnancy, marriage, divorce or emancipation.
Proponents argue that this bill reinforces parental involvement in children’s healthcare decisions. Senator Stutts, also a licensed doctor, previously stated, “parents have the right to be involved, and should be involved” in their children’s medical care.
However, critics contend that the legislation could deter minors from seeking necessary care, particularly in situations involving abuse or neglect. Inversely, parents of any minor under 19 may approve medical treatment regarding mental health services “even if the minor has expressly refused such treatment services.” Opponents highlight that requiring parental consent may delay or prevent access to critical services for vulnerable youth.
Minors are permitted to consent to determine the presence of sexually transmitted diseases, pregnancy, drug dependency or alcohol toxicity. Certain exceptions are enshrined for school counselors in the event of imminent danger, suspected abuse or immediate necessity for grief counseling.
A code section was added that permits parents or legal guardians the right to access their minor child’s health information when it is held by a health care provider or a government agency, as long as they request it. However, this access can be restricted in certain situations, such as when a court order prohibits it or if the parent or guardian is under investigation for a crime involving the child.
A second code section was added that explicitly states that, “Parents have the fundamental right and duty to make decisions concerning the furnishing of health care services to their minor child.”
A substitute bill was presented to the Health Committee that would lower the age provision from the introduced bill from 18 years old to 16 years old. Rep. Susan DuBose, R-Hoover, carried the bill for Stutts during the committee meeting. DuBose said that the substitute was a compromise between health organizations and legislators.
The bill will now go to the House for consideration.
