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HLS 26RS-836 ENGROSSED
2026 Regular Session
HOUSE BILL NO. 775
BY REPRESENTATIVE CHENEVERT
HEALTH/CHILDREN: Provides relative to minor's consent for medical procedures and
treatments
1 AN ACT
2 To amend and reenact R.S. 40:1079.1 and 1165.1(B)(2) and to repeal R.S. 40:1079.2,
3 1079.3, and 1079.13, relative to a minor's consent to certain medical procedures and
4 treatments; to provide for parental consent for medical procedures performed on a
5 minor; to provide for exceptions; to revise a definition; to require parental access to
6 medical records for minor children; to prohibit civil and criminal liability for
7 hospitals and healthcare professionals licensed to practice medicine in this state; to
8 repeal a school or facility's authority to provide preventive counseling or treatment
9 to a minor without parental consent; and to provide for related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 40:1079.1 and 1165.1(B)(2) are hereby amended and reenacted to
12 read as follows:
13 §1079.1. Medical treatment; exceptions; record requests
14 A.(1) Consent to the provision of medical or surgical care or services by a
15 hospital or public clinic, or to the performance of medical or surgical care or services
16 by a physician, licensed to practice medicine in this state, when executed by a minor
17 who is or believes himself to be afflicted with an illness or disease, shall be valid and
18 binding as if the minor had achieved his majority. Any such consent shall not be
19 subject to a later disaffirmance by reason of his minority. Except as provided for in
20 Subsection B of this Section, consent from any person lawfully exercising parental
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HLS 26RS-836 ENGROSSED
HB NO. 775
1 authority including but not limited to a domiciliary parent, tutor, legal guardian, or
2 any person who has been granted legal authority under the laws of this state for a
3 minor under his care shall be required for all medical and mental health services
4 provided to the minor until the minor reaches the age of seventeen.
5 (2) A minor may consent to medical care or the administration of medication
6 by a hospital licensed to provide hospital services or by a physician licensed to
7 practice medicine in this state for the purpose of alleviating or reducing pain,
8 discomfort, or distress of and during labor and childbirth. The manner of
9 administration of medications includes but is not limited to intravenous,
10 intramuscular, epidural, and spinal. This consent shall be valid and binding as if the
11 minor had achieved her majority, and it shall not be subject to a later disaffirmance
12 by reason of her minority.
13 B.(1) The consent of a spouse, parent, guardian, or any other person standing
14 in a fiduciary capacity to the minor shall not be necessary in order to authorize such
15 hospital care or services or medical or surgical care or services, or administration of
16 drugs to be provided by a physician licensed to practice medicine to such a minor.
17 A minor may consent to the provision of medical and mental health services in any
18 of the following circumstances:
19 (a) If the minor is a member of the armed forces of the United States of
20 America.
21 (b) If the minor is emancipated.
22 (c) If the minor is pregnant and consenting to medical or surgical care or
23 services related to the pregnancy.
24 (d) If the minor is seeking treatment for alcohol or substance misuse.
25 (e) If the minor is seeking medical or surgical care and services for the
26 treatment of sexually transmitted diseases.
27 (f) If the minor is donating blood.
28 (g) If a healthcare provider, in his professional judgment, believes the minor
29 is exhibiting signs of abuse or neglect as defined in Children's Code Article 603.
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HLS 26RS-836 ENGROSSED
HB NO. 775
1 (h) If a minor voluntarily chooses to be admitted to a treatment facility in
2 accordance with Children's Code Article 1464.
3 (2) Consent given by a minor in accordance with this Subsection shall be
4 valid and binding as if the minor had achieved his majority. Any such consent shall
5 not be subject to a later disaffirmance by reason of his minority.
6 C. Upon the advice and direction of a treating physician, or, in the case of
7 a medical staff, any one of them, a physician or member of a medical staff may, but
8 shall not be obligated to, inform the spouse, parent or guardian of any such minor as
9 to the treatment given or needed, and such information may be given to, or withheld
10 from the spouse, parent or guardian without the consent and over the express
11 objection of the minor. Consent to surgical or medical treatment for a minor child
12 who has not reached the age of eighteen shall be implied in cases of emergency, as
13 defined in R.S. 40:1159.5.
14 D. No licensed healthcare facility hospital and no physician licensed
15 healthcare provider authorized to practice medicine provide healthcare services in
16 this state shall incur civil or criminal liability in connection with any examination,
17 diagnosis and treatment authorized by this Section except for negligence.
18 * * *
19 §1165.1. Healthcare information; records
20 * * *
21 B. As used in this Section:
22 * * *
23 (2) "Patient" means a natural person who receives or should have received
24 health care from a licensed health care provider, under a contract, express or implied
25 or, in the case of a person under the age of eighteen, the parent, tutor, or legal
26 guardian of a minor child.
27 * * *
28 Section 2. R.S. 40:1079.2, 1079.3, and 1079.13 are hereby repealed in their entirety.
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HLS 26RS-836 ENGROSSED
HB NO. 775
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 775 Engrossed 2026 Regular Session Chenevert
Abstract: Requires informed, written, parental consent for the provision or performance
of certain medical procedures or services to minors.
Present law provides that consent to the provision of medical or surgical care or services by
a hospital or public clinic, or to the performance of medical or surgical care or services by
a physician, licensed to practice medicine in this state, when executed by a minor who is or
believes himself to be afflicted with an illness or disease, shall be valid and binding as if the
minor had achieved his majority.
Proposed law repeals present law.
Proposed law requires informed consent from a person lawfully exercising parental authority
over a minor child for all medical and mental health services provided to the minor child
until the minor reaches the age of 17.
Exceptions to the provisions of proposed law include but are not limited to the following
instances:
(1) If the minor is a member of the armed forces of the United States of America.
(2) If the minor is emancipated.
(3) If the minor is pregnant and consenting to medical or surgical care or services related
to the pregnancy.
(4) If the minor is seeking treatment for alcohol or substance misuse.
(5) If the minor is seeking medical or surgical care and services for the treatment of
sexually transmitted diseases.
(6) If the minor is donating blood.
(7) If the minor is exhibiting signs of abuse or neglect based on the judgment of a
healthcare provider.
(8) If a minor voluntarily chooses to be admitted to a treatment facility in accordance
with present law.
Present law provides that consent of a spouse, parent, guardian, or any other person standing
in a fiduciary capacity to the minor shall not be necessary in order to authorize hospital care
or services or medical or surgical care or services, or administration of drugs to be provided
by a physician licensed to practice medicine to a minor.
Proposed law repeals present law.
Proposed law further provides that consent to surgical or medical treatment for a minor child
who has not reached the age of 18 shall be implied in cases of emergency.
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HB NO. 775
Present law provides that, upon the advice and direction of a treating physician, or, in the
case of a medical staff, any one of them, a physician or member of a medical staff may, but
shall not be obligated to, inform the spouse, parent, or guardian of any treatment given to or
needed for the minor. Present law further provides that such information may be given to,
or withheld from the spouse, parent, or guardian without the consent and over the express
objection of the minor.
Proposed law repeals present law.
Proposed law modifies the definition of "patient" to authorize a parent or legal guardian of
a minor under eighteen years of age to obtain the minor’s medical records.
Proposed law further provides that no licensed healthcare facility or healthcare provider
licensed in accordance with present law shall incur civil or criminal liability in connection
with any examination, diagnosis, and treatment, procedure, or service in conformance with
proposed law.
Present law provides that consent to the provision of medical or surgical care or services by
a hospital or public clinic, or to the performance of medical or surgical care or services by
a physician, licensed to practice medicine in this state, when executed by a minor who is or
believes himself to be addicted to a narcotic or other drug, shall be valid and binding as if
the minor had achieved his majority.
Proposed law repeals present law.
Present law further provides that any such consent shall not be subject to a later
disaffirmance by reason of his minority.
Proposed law repeals present law.
Present law allows a minor to give consent to the donation of his blood and to the
penetration of tissue necessary to accomplish such donation if certain criteria are satisfied.
Proposed law modifies present law to provide that a minor may donate blood without
criteria.
Present law provides that consent obtained in accordance with present law shall not be
subject to deferments because of minority.
Proposed law repeals present law.
Present law allows a school or a facility to provide preventive counseling or treatment to a
child without parental consent if certain conditions are met.
Proposed law repeals present law.
Present law requires a school or facility to comply with certain provisions outlined in present
law when requesting a child's written consent for the provision of preventive counseling
services or treatment.
Proposed law repeals present law.
(Amends R.S. 40:1079.1 and 1165.1(B)(2); Repeals R.S. 40:1079.2, 1079.3, and 1079.13)
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HLS 26RS-836 ENGROSSED
HB NO. 775
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Revise the definition of "patient".
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