URGENT: Fix HB400 Before It Fails Louisiana Families
Plus crucial request for Rep Dickerson's HB408 - the PANS/PANDAS bill to be heard!
Friends, we really want to be able to support Representative Emily Chenevert’s HB400, but with current revisions, we can’t. Here’s why.
We understand the urgent need to revise Louisiana’s current minor consent law, but as currently written, Rep. Chenevert’s HB400 places minors at risk and seriously undermines parental rights. These are our concerns:
As currently written, “consent from any person lawfully exercising parental authority including but not limited to a domiciliary parent, tutor [tutor is a technical term], legal guardian, or any person temporarily standing in loco parentis, whether formally or informally” is all that’s required for “all medical and mental health services provided to the minor until the minor reaches the age of seventeen.” The word “informally” has us VERY concerned as “informal” in loco parentis means ANYONE can consent to ANY medical and mental health service for a minor - including VACCINATION. We also recognize that this provides unlimited opportunities for child traffickers, as anyone can seek medical care for a child that is not their own. Another scenario brought up during the House floor debate on the bill is that a minor could theoretically choose ANY adult to help them seek medical care. In loco parentis is specified in another area of medical consent law, but it’s in a hierarchy which requires physicians to seek out parents first, then other adults if the parent cannot be found - in loco parentis is #10 on the list. This bill as written gives informal in loco parentis—literally ANY adult—the same medical consent rights as the parents. Simple fix: remove “informal” and define in loco parentis as “an individual who has been expressly authorized in writing by a parent or legal guardian to assume temporary parental responsibilities for a minor, including making decisions related to the minor's medical and mental health care, during a specified period."
HB400 lowers the age of medical consent from 18 to 17. Simple fix: change the age back to 18.
Restore civil and criminal liability for providers who act with proper consent. The existing law removes civil and criminal liability because it forces a physician to make a subjective decision about treating a minor without parental consent based on the minor’s belief that they have a disease. This bill attempts to remove the need for that subjectivity therefore liability protections should be removed. As written, a physician is shielded from criminal activity including, for example, sexually abusing a minor during a physical exam. Simple fix: strike through this section of the bill.
Remove the provision that allows minors to seek addiction treatment without parental involvement. Addiction is a complex and high-risk issue that requires strong family support. Allowing minors to seek substance abuse treatment without parental knowledge or involvement could result in inconsistent care and missed opportunities for long-term recovery. Parents must remain part of this critical process. Simple fix: strike through this section of the bill.
We are gravely close to the end of session and we need this bill amended ASAP. It will be in Senate Health and Welfare on Sunday, June 8th @ 2:00 pm. Please contact the committee and your state senator and ask them to make sure HB400 protects minors and parental rights with these simple amendments.
Representative Kelly Dickerson’s HB408 which will require insurance companies to cover treatment of PANS/PANDAS, has been stalled in committee!!
We need your help to get it passed in the (very few) remaining days of session!
Contact the Senate Finance committee and your state senator and ask them to help families across the state and PASS THIS BILL!
Now for news on other bills. . .
Representative Chuck Owen’s HB690 passed Senate Health and Welfare unopposed and is on the way to a Senate floor vote!! Contact your state senator and ask them to vote YES on HB690!
Representative Kim Coates’ HB150, which offers more food freedom for the cottage food industry, passed House Health and Welfare and is on the way to a House floor vote! Please contact your state representative and ask them to vote YES on HB150!
Senator Patrick McMath’s SB14, which will restrict harmful oils and dyes in foods, passed the House unanimously with a vote of 97-0 and is on its way to the governor’s desk! Congratulations to Senator McMath!
Senator Mike Fesi’s SB19 which will make ivermectin available without a prescription passed the House with a vote of 67-26 and is now headed to the governor’s desk!! Congratulations to Senator Fesi!!
Senator Blake Miguez’s SB117, which removes harmful oils and dyes from taxpayer funded school lunches, passed the House unanimously with a vote of 97-0! SB117 is on its way to the governor’s desk!! Congratulations to Senator Miguez!
Representative Dustin Miller’s HB454 passed the Senate with a vote 34-2 and is on its way to the governor’s desk! Congratulations to Representative Miller!
Our advocacy is only possible with your help! THANK YOU!!