An Act providing for parental presence during medical and dental examinations of minors; protecting the rights of parents; and imposing duties on health care providers and health care facilities.

PRINTER'S NO. 1219
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1038
Session of
2025
INTRODUCED BY MASTRIANO, STEFANO, KEEFER AND BAKER,
OCTOBER 7, 2025
REFERRED TO HEALTH AND HUMAN SERVICES, OCTOBER 7, 2025
AN ACT
Providing for parental presence during medical and dental
examinations of minors; protecting the rights of parents; and
imposing duties on health care providers and health care
facilities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the No Child Left
Alone and Protecting Parents' Rights Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Health of the Commonwealth.
"Emancipated minor." A minor who:
(1) is or has been married; or
(2) has been otherwise judicially emancipated, as
recognized under the laws of this Commonwealth.
"Examination or treatment room." As follows:
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(1) A designated space within a health care facility or
a health care provider's office in which a minor patient is
evaluated, diagnosed, treated or examined by a health care
provider.
(2) The term includes medical and dental operatories,
consultation rooms and procedure rooms.
(3) The term does not include waiting rooms,
administrative offices or other areas not used for the
delivery of health care services.
"Health care facility." A facility licensed under the act of
July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act. The term includes, but is not limited to, a
hospital, ambulatory surgical facility, birth center, long-term
care nursing facility, hospice, home health care agency,
ambulatory care center, rehabilitation facility or any other
entity that is required to be licensed by the department to
provide health care services to patients in this Commonwealth.
"Health care provider." An individual or entity that is
licensed, certified or otherwise authorized by the laws of this
Commonwealth to provide medical or dental care in the ordinary
course of business or practice of a profession. The term
includes, but is not limited to, a physician, physician
assistant, certified registered nurse practitioner, nurse,
dentist, dental hygienist, optometrist, podiatrist,
psychologist, professional counselor, social worker, physical
therapist, occupational therapist, pharmacist, midwife or any
other health care provider as defined under section 503 of the
act of March 20, 2002 (P.L.154, No.13), known as the Medical
Care Availability and Reduction of Error (Mcare) Act.
"Invasive procedure." A medical or dental procedure
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involving the:
(1) puncture, incision or entry into tissues, cavities
or organs; or
(2) insertion of instruments, foreign material or
devices into the body as specified by regulation of the
department.
"Minor." An individual under 18 years of age who has not
been emancipated under law.
"Parent." A biological parent, adoptive parent or legal
guardian with legal custody of a minor. The term includes an
individual authorized under a valid court order or other
documentation to act in loco parentis for the minor.
"Serious physical neglect." As defined in 23 Pa.C.S. §
6303(a) (relating to definitions).
Section 3. Parental presence.
(a) General rule.--A parent shall have the right to be
present in the examination or treatment room while a health care
provider delivers medical or dental services to the parent's
minor child. The choice of whether to exercise this right shall
rest solely with the parent.
(b) Condition of care.--
(1) A health care provider or health care facility may
not:
(i) refuse to examine or treat a minor solely
because the parent chooses to be present under subsection
(a); or
(ii) refuse to schedule, continue or provide future
treatment to the minor on the basis of the parent's
exercise of rights under this section.
(2) Nothing in this subsection shall require a health
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care provider to accept or continue care where denial is
pursuant to uniformly applied, written policies unrelated to
the parent's exercise of rights under this section.
(c) Exceptions.--The requirements of this section shall not
apply:
(1) When a minor is legally authorized under Federal or
State law to consent to health care services without parental
consent, including:
(i) voluntary inpatient and outpatient mental health
treatment under the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act;
(ii) medical and health services related to
pregnancy under the act of February 13, 1970 (P.L.19,
No.10), referred to as the Allowing Minors to Consent to
Medical Care Act;
(iii) testing, diagnosis or treatment of sexually
transmitted infections under the act of April 23, 1956
(1955 P.L.1510, No.500), known as the Disease Prevention
and Control Law of 1955;
(iv) diagnosis or treatment of drug and alcohol use
under the act of April 14, 1972 (P.L.221, No.63), known
as the Pennsylvania Drug and Alcohol Abuse Control Act;
and
(v) emancipated minors recognized under law.
(2) When parental presence would physically compromise a
sterile field required by law or by recognized medical
standards of the Department of Health, the Centers for
Disease Control and Prevention or the Association of
Perioperative Registered Nurses, during surgery or invasive
procedures, and no reasonable accommodation can preserve the
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sterile environment.
(3) When parental presence presents an imminent and
documented risk of physical harm to the patient, parent or
health care provider that cannot be mitigated by reasonable
measures. The parent shall retain the right to refuse the
treatment on behalf of the minor, unless the health care
provider determines and documents in the patient's medical
record that failure to provide the treatment would create a
substantial risk of serious physical harm, significant
impairment of bodily function or death to the minor,
consistent with serious physical neglect.
(d) Documentation.--If a health care provider excludes a
parent under subsection (c)(2) or (3), the health care provider
shall record in the patient's medical record the facts
supporting the exclusion.
(e) Parental remedies.--
(1) The health care provider shall provide the parent
with a written statement citing the applicable statutory
exception and summarizing the documented facts supporting the
exclusion.
(2) Upon request, the parent shall be entitled to
receive a copy of the documentation required under subsection
(d), consistent with Federal and State privacy laws. For
services to which a minor consented under Federal or State
law, disclosure shall comply with applicable confidentiality
provisions governing services.
(3) A parent who believes an exclusion under subsection
(c)(2) or (3) was improper may file a complaint with the
Department of Health and the appropriate licensing board,
which shall review the documentation for compliance with this
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act.
(f) Emergency treatment.--Nothing in this act shall be
construed to prevent a health care provider from delivering
emergency medical treatment to a minor when delay in treatment
would create a substantial risk of serious physical harm,
impairment or death, or to conflict with obligations imposed by
Federal emergency medical care statutes.
Section 4. Enforcement.
(a) Professional conduct.--A violation of this act shall
constitute unprofessional conduct and shall be subject to
discipline by the appropriate licensing board with jurisdiction
over licensed health care providers.
(b) Facilities.--The Department of Health shall ensure that
health care facilities adopt policies consistent with this act.
(c) Civil action.--A parent aggrieved by a violation of this
act may bring a civil action for injunctive relief and
reasonable attorney fees.
(d) Regulations.--The Department of Health shall promulgate
regulations to implement this act, including identifying
recognized sterile-field standards for purposes of section 3(c)
(2).
Section 5. Construction.
Nothing in this act shall be construed to:
(1) Limit or supersede existing Federal or State
statutes authorizing minors to consent to specific categories
of health care services.
(2) Impose liability on a health care provider or health
care facility acting in good faith reliance on a facially
valid custody order or other documentation establishing
parental or guardian authority.
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(3) Impose civil or criminal liability on a health care
provider or health care facility for complying in good faith
with this act, including honoring a parent's decision to
refuse treatment under section 3(c)(3), unless the health
care provider's actions constitute gross negligence or
willful misconduct.
Section 6. Effective date.
This act shall take effect in 60 days.
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