Minors; prohibit health care providers and institutions from providing health care to without parental consent.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Yancey

HOUSE BILL NO. 478

AN ACT TO AMEND SECTION 41-41-3, MISSISSIPPI CODE OF 1972, TO 1
REQUIRE HEALTH-CARE PROVIDERS, WHEN A MINOR PATIENT IS ACCOMPANIED 2
BY A PARENT OR GUARDIAN, TO PRESENT TO THE CHILD'S PARENT OR 3
GUARDIAN A WRITTEN DOCUMENT ADVISING THE PARENT OR GUARDIAN THAT 4
HE OR SHE HAS THE RIGHT TO ELECT TO PREVENT PERSONS OTHER THAN 5
THEMSELVES, ANOTHER PARENT OR GUARDIAN, OR THEIR ADULT DESIGNEES 6
FROM CONSENTING TO MEDICAL TREATMENT FOR THEIR MINOR CHILD; TO 7
PROVIDE THAT THE WRITTEN CONSENT DOCUMENT SHALL ALSO OFFER TO THE 8
PARENT OR GUARDIAN THE ADDITIONAL OPTION TO DESIGNATE A LIST OF 9
THE NAMES AND CONTACT INFORMATION OF ADDITIONAL ADULTS WHO THE 10
PARENT OR GUARDIAN AUTHORIZES TO CONSENT TO TREATMENT FOR EACH 11
MINOR CHILD LISTED ON THE DOCUMENT; TO PROHIBIT HEALTH-CARE 12
INSTITUTIONS AND HEALTH-CARE PROVIDERS FROM PROVIDING HEALTH CARE 13
FOR AN UNEMANCIPATED MINOR WITHOUT FIRST OBTAINING THE CONSENT OF 14
THE MINOR'S PARENT, GUARDIAN OR OTHER ADULT DESIGNATED BY A PARENT 15
OR GUARDIAN AS HAVING AUTHORITY TO CONSENT; TO PROVIDE THAT IF 16
NEITHER A MINOR'S PARENT, GUARDIAN, OR OTHER PARENT-DESIGNATED 17
ADULT HAS PROVIDED CONSENT WITHIN 72 HOURS AFTER ATTEMPTED CONTACT 18
BY THE HEALTH-CARE INSTITUTION OR HEALTH-CARE PROVIDER, THEN ANY 19
OF CERTAIN OTHER PERSONS WHO ARE REASONABLY AVAILABLE ARE 20
AUTHORIZED TO CONSENT ON BEHALF OF THE MINOR; TO PROVIDE FOR 21
CERTAIN EXCEPTIONS TO THE REQUIREMENT OF OBTAINING PARENTAL 22
CONSENT; TO AUTHORIZE A PARENT, GUARDIAN OR SURROGATE OF AN 23
UNEMANCIPATED MINOR TO BRING SUIT FOR ANY VIOLATION OF THIS ACT; 24
TO AMEND SECTIONS 41-41-17 AND 41-42-7, MISSISSIPPI CODE OF 1972, 25
TO CONFORM TO THE PRECEDING PROVISIONS; TO REPEAL SECTION 26
41-41-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT A 27
PHYSICIAN OR NURSE PRACTITIONER MAY TREAT MINORS FOR VENEREAL 28
DISEASE WITHOUT PARENTAL CONSENT, AND SECTION 41-41-14, 29
MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT A PHYSICIAN OR 30
PSYCHOLOGIST MAY TREAT CERTAIN MINORS FOR MENTAL OR EMOTIONAL 31
PROBLEMS CAUSED OR RELATED TO ALCOHOL OR DRUGS WITHOUT PARENTAL 32
CONSENT; AND FOR RELATED PURPOSES. 33
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 34
SECTION 1. Section 41-41-3, Mississippi Code of 1972, is 35
amended as follows: 36
41-41-3. (1) For the purpose of this section, the terms 37
"health-care institution," "health-care provider," "unemancipated 38
minor" and "surrogate" shall have the meanings as defined in 39
Section 41-41-203, and the term "parent" means any parent with 40
joint or separate legal custody of a minor. 41
(2) Each health-care provider operating in this state, at 42
each minor patient's visit when accompanied by a parent or 43
guardian on or after July 1, 2026, shall present to the parent or 44
legal guardian a written document advising the parent or guardian 45
that he or she has the statutory right to elect to prevent persons 46
other than themselves, another parent or guardian, or their adult 47
designees from consenting to medical treatment for their minor 48
child. This written document also shall: 49
(a) Invite the parent or legal guardian to identify on 50
the document the names of each of their minor children, and their 51
dates of birth or other customary patient identifiers; 52
(b) Offer the parent or guardian the option for each of 53
their minor children so identified to declare that no person other 54
than a parent or guardian may consent to that health-care 55
provider's treatment of that minor child, except where consent by 56
another is authorized by subsection (4) of this section; and 57
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(c) Offer the parent or guardian the option to 58
designate a list of the names and contact information of 59
additional adults who the parent or guardian authorizes to consent 60
to treatment for each minor child listed. 61
(3) Except as provided by subsection (4) of this section, it 62
is * * * recognized and established that * * * a health-care 63
institution or health-care provider may provide health care that 64
is not prohibited by law * * * for an unemancipated minor only 65
after first obtaining the consent of any parent or guardian or 66
other adult designated by a parent or guardian as having authority 67
to consent as specified in subsection (2) of this section. If 68
neither a minor's parent, guardian, or other parent or 69
guardian-designated adult has provided consent within seventy-two 70
(72) hours after attempted contact by the health-care institution 71
or health-care provider at those persons' last known telephone 72
numbers, then any one (1) of the following persons who are 73
reasonably available, in descending order of priority, is 74
authorized and empowered to consent on behalf of the minor: 75
(a) The minor's * * * custodian * * *; 76
* * * 77
( * * *b) * * * The minor's adult brother or 78
sister * * *; or 79
( * * *c) The minor's grandparent. 80
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( * * *4) * * * The consent required by subsection (3) of 81
this section shall not be required in any of the following 82
circumstances: 83
(a) In any circumstance regarding a person with mental 84
illness as governed by Sections 41-21-61 through 41-21-109; 85
(b) In an emergency as provided for in Section 41-41-7; 86
(c) When a judicial consent is obtained pursuant to 87
Section 41-41-9; 88
(d) In relation to minors age sixteen (16) years or 89
older donating to a blood bank as provided for in Section 90
41-41-15; 91
(e) In relation to physicians or hospitals 92
authorizations to test for or diagnose infectious disease as 93
provided for in Section 41-41-16; 94
(f) In relation to any minor in the custody of the 95
Department of Child Protection Services (CPS) to which CPS 96
consents; 97
(g) In relation to any inmate lacking the capacity to 98
make health-care decisions as provided for in Section 47-5-180; 99
(h) In relation to the baby drop-off law, Section 100
43-15-201 et seq.; 101
(i) When the health-care institution or health-care 102
provider has reasonable cause to suspect reportable parental abuse 103
or neglect of the minor as defined in Section 43-21-353; or 104
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(j) In regard to medical assistance rendered by an 105
athletic trainer during a school or youth recreation league 106
sporting event. 107
( * * *5) Any female, regardless of age or marital status, 108
is empowered to give consent for herself in connection with 109
pregnancy or childbirth. 110
(6) The provisions of this section do not affect other 111
statutes of this state governing treatment for mental illness of 112
an individual involuntarily committed to a mental health-care 113
institution. 114
SECTION 2. (1) A parent, guardian or surrogate of an 115
unemancipated minor may bring suit for any violation of Section 116
41-41-3 and may raise Section 41-41-3 as a defense in any judicial 117
or administrative proceeding without regard to whether the 118
proceeding is brought by or in the name of the state government, 119
any private person, or any other party. 120
(2) An action under this section may be brought, and relief 121
may be granted, without regard to whether the person bringing the 122
action has sought or exhausted available administrative remedies. 123
(3) Any person who successfully asserts a claim or defense 124
under this section may recover declaratory relief, injunctive 125
relief, nominal damages, compensatory damages reasonable 126
attorneys' fees and costs, and any other appropriate relief. 127
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ST: Minors; prohibit health care providers and
institutions from providing health care to
without parental consent.
(4) Sovereign, governmental and qualified immunities to suit 128
and from liability are waived and abolished to the extent of 129
liability created by this section. 130
SECTION 3. Section 41-41-17, Mississippi Code of 1972, is 131
amended as follows: 132
41-41-17. * * * Any adult, as defined in Section 133
41-41-203(a), * * * or emancipated minor, as defined in Section 134
41-41-203(e), * * * may consent to participate as a subject in 135
research if that research is conducted in accordance with federal 136
law (Title 45 CFR Part 46: Protection of Human Subjects). 137
* * * 138
SECTION 4. Section 41-42-7, Mississippi Code of 1972, is 139
amended as follows: 140
41-42-7. Contraceptive supplies and information may not be 141
furnished by physicians to any minor * * * except in compliance 142
with the provisions of Section 41-41-3. 143
SECTION 5. Section 41-41-13, Mississippi Code of 1972, which 144
provides that a physician or nurse practitioner may treat minors 145
for venereal disease without parental consent, and Section 146
41-41-14, Mississippi Code of 1972, which provides that a 147
physician or psychologist may treat certain minors for mental or 148
emotional problems caused or related to alcohol or drugs without 149
parental consent, are repealed. 150
SECTION 6. This act shall take effect and be in force from 151
and after July 1, 2026. 152