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UPDATE: 5/22/2023 - HF 885 failed to be scheduled for a hearing in the House Health Finance and Policy Committee and SF 576 failed to be scheduled for a hearing in the Senate Health and Human Services Committee before the session adjourned on 5/22/2023. In MN, bills introduced in the first year of the regular session convening in odd-numbered years remain actionable throughout the second year of the regular session convening in even-numbered years. Legislative rules automatically relocate bills caught at certain points in the legislative process when the legislature adjourns for the long interim recess at the end of the first year of the regular session. Bills located in committee of either chamber at the time of adjournment are generally left undisturbed. Committee action on a bill is possible during the interim providing the committee has possession of the bill. However, this is rare because the action cannot be completed until the session reconvenes and the committee can report the bill.
HF 885 was introduced and referred to the House Health Finance and Policy Committee on 1/25/2023. It was sponsored by Representative Walter Hudson, and Representatives Knudsen, Zeleznikar, Altendorf, Hudella, P.E. Anderson, and Schultz.
SF 576 was introduced and referred to the Senate Health and Human Services Committee on 1/23/2023. It was sponsored by Senator Mark Koran.
The bills state that, "a health care provider may administer a vaccine to a minor only if the minor's parent or legal guardian is present when the vaccine is administered," with exception options when minors consent according to sections 144.341, 144.342, or 144.3441.
144.341 LIVING APART FROM PARENTS AND MANAGING FINANCIAL AFFAIRS. Notwithstanding any other provision of law, any minor who is living separate and apart from parents or legal guardian, whether with or without the consent of a parent or guardian and regardless of the duration of such separate residence, and who is managing personal financial affairs, regardless of the source or extent of the minor's income, may give effective consent to personal medical, dental, mental and other health services, and the consent of no other person is required.
144.342 MARRIAGE OR GIVING BIRTH, CONSENT FOR HEALTH SERVICE FOR SELF OR CHILD. Any minor who has been married or has borne a child may give effective consent to personal medical, mental, dental and other health services, or to services for the minor's child, and the consent of no other person is required.
144.344 EMERGENCY TREATMENT. Medical, dental, mental and other health services may be rendered to minors of any age without the consent of a parent or legal guardian when, in the professional's judgment, the risk to the minor's life or health is of such a nature that treatment should be given without delay and the requirement of consent would result in delay or denial of treatment.
NVIC supports the intention of HF 885 and SF 576, however some of the exceptions in the bill allowing minor consent that already exist in state law are bad (144.341 and 144.344). As long as parents are financially and legally responsible for their child, only they should be making vaccination decisions. Some doctors incorrectly rationalize vaccination as "emergency treatment" when it is clearly not, and they will use that to vaccinate a minor without parental knowledge or consent. NVIC does not take a position on other areas of law that grant minor consent. If a child in emancipated or legally married in their state, the law should support them making their own medical decisions. There is an opportunity to fix these sections of law granting minor consent in favor of parental rights with an amendment.
If either bill passes, the provisions of it would become effective the day following final enactment.
https://www.revisor.mn.gov/bills/bill.php?f=HF885&y=2023&ssn=0&b=house - text, status, and history of HF 885
https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF0576&ssn=0&y=2023 - text, status, and history of SF 576
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