S-5121

   Amend House File 2523, as passed by the House, as follows:
   1.  By striking everything after the enacting clause and inserting: 
   <Section 1.  Section 601.1, subsection 2, Code 2026, is amended to read as follows:
   2.  a.  Subject to section 147.164, a parent or guardian bears the ultimate responsibility, and has the fundamental, constitutionally protected right, to make decisions affecting the parent’s or guardian’s minor child, including decisions related to the minor child’s medical care, moral upbringing, religious upbringing, residence, education, and extracurricular activities.
   b.  A parent or guardian of a minor child may consent to and authorize the minor child’s evaluation, counseling, therapy, rehabilitation service, medication management, outpatient treatment, or prescreening interview and consultation for inpatient treatment for a substance use disorder as defined in section 125.2, or a mental health condition. A parent’s or guardian’s consent and authorization under this paragraph shall be effective over any objection to the consent and authorization from the minor child.
   c.  This subsection shall not be construed to require a mental health care professional as defined in section 228.1, or a facility as defined in section 125.2, to provide treatment to a minor child if the mental health professional or facility determines that treatment is not appropriate, the criteria to admit the minor child for treatment has not been met, or the mental health professional or facility is otherwise unable to treat the minor child.
   d.  Any and all restrictions of this right the rights described in this subsection shall be subject to strict scrutiny.>
   2.  Title page, by striking lines 1 through 3 and inserting <An Act establishing the right of a parent or guardian of a minor child to consent to and authorize certain medical services over the minor child’s objection.>

______________________________
COMMITTEE ON HEALTH AND HUMAN SERVICES

KARA WARME, CHAIRPERSON