Prohibits health care to minors w/o parent consent, preserves parental rights on health care decisions, requires school districts inform on exemptions

State: ND
Bill Number: SB 2188
Position: SUPPORT
Action Required: NONE
Status: Died, failed to pass the full Senate on 2/8/2023 by vote of 4 Yes, 42 No

Legislation Details:

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UPDATE: 2/8/2023 - SB 2188 died. It failed to pass the full Senate on 2/8/2023 by vote of 4 Yes, 42 NoRoll call vote here.

UPDATE: 2/7/2023 - SB 2188 received a "Do Not Pass" recommendation in the Senate Judiciary Committee by a vote of 7 Yes, 0 No on 2/7/2023. 

UPDATE: 1/17/2023 - SB 2188 was heard in the Senate Judiciary Committee on 1/17/2023, but no vote was taken. Video of the hearing is posted at: https://www.ndlegis.gov/assembly/68-2023/regular/bill-video/bv2188.html

UPDATE: 1/13/2022 - SB 2188 is scheduled for a hearing in the Senate Judiciary Committee on 1/17/2023 at 10:00 AM in the Peace Garden Room.  See agenda and link to submit testimony before 8:00 AM on Tuesday, January 17th - https://www.ndlegis.gov/legend/committee/testimony/public-testimony/1669/?hearing=4184

SB 2188 was introduced on 1/10/2023 and referred to the Senate Judiciary Committee.  This bill is sponsored by Senators Clemens and Boehm and Representatives Henderson, Kasper, and Marschall. 

This bill prohibits a health care practitioner, or an individual employed by a health care practitioner, from soliciting, or arranging to provide health care services or prescribe medicinal drugs to a minor child without first obtaining written parental consent.

This bill also establishes in state law that parental rights are reserved to the parent of a minor child without obstruction or interference from the state, a political subdivision, or other governmental entity. The rights of a parent of a minor child included, but are not limited in the bill, are making health care decisions for the minor child, unless otherwise prohibited by law and accessing and reviewing all medical records of the minor child, unless prohibited by law.  

This bill also requires school districts to develop policies that include, among other things, procedures for a parent to learn about parental rights and responsibilities, including the right to exempt a minor child from immunizations, under section 23 - 07 - 17.1.

NVIC supports these above sections of the bill but does not take a position on the sections that do not relate to vaccines, but notes that SB 1288 protects many areas of parental rights outside of our scope that are important to our supporters. See full text of SB 2188 as introduced here - https://www.ndlegis.gov/assembly/68-2023/regular/documents/23-0513-01000.pdf

https://www.ndlegis.gov/assembly/68-2023/regular/bill-overview/bo2188.html - text, status and history for SB 2188