Expands & clarifies current parental rights law but fails to fix current law allowing minor consent to vaccination, missed opportunity

State: MT
Bill Number: HB 676
Position: WATCH
Action Required: NONE
Status: ENACTED, Signed by Governor Greg Gianforte on 5/18/2023, Effective date 5/18/2023, Chapter Number 527

Legislation Details:

UPDATE: 5/18/2023 - HB 676 was enacted. It was signed by Governor Greg Gianforte on 5/18/2023 and became effective immediately. Chapter Number 527

UPDATE: 5/8/2023 - HB 676 was transmitted to Governor Greg Gianforte for signature on 5/8/2023.

UPDATE: 5/4/2023 - HB 676 was signed by the Speaker of the House and President of the Senate on 5/4/2023.

UPDATE: 5/2/2023 - HB 676 was printed and returned from enrolling on 5/2/2023. View the enrolled version HERE

UPDATE: 4/28/2023 - HB 676 passed the full house on 4/28/2023 by a vote of 67 yes, 32 no and 1 excused. The final version does not fix the section NVIC is concerned with. As amended the bill still allows a minor to be vaccinated for a communicable disease without parental consent when the health professional, in good faith and with a reasonable belief supported by fact, determines that the minor professes or is found to be afflicted with any reportable communicable disease, including a sexually transmitted disease. This applies to prevention (vaccines) as well as diagnosis and treatment.  See beginning on the bottom of Page 5. 

UPDATE: 4/27/2023 - HB 676 passed the 2nd Reading in the House with the Senate amendments concurred by vote of 65 Yays, 35 Nays on 4/27/2023. 

UPDATE: 4/18/2023 - HB 676 passed the Third Reading in the Senate as amended by vote of 30 Yes, 20 No and was then returned to the House on 4/18/2023.

UPDATE: 4/14/2023 - HB 676 was amended and passed Full Senate on 4/14/2023 by a vote of 32 Yes, 18 No. The amendments are minor and do not impact NVIC's position.

UPDATE: 4/11/2023 - HB 676 passed the Senate 2nd reading on 4/11/2023. View current text HERE.

UPDATE: 4/4/2023 - The Senate Judiciary Committee concurred with the amendments to HB 676 on 4/4/2023 by a vote of 7 yes and 4 no. The amendments do not fix the section NVIC is concerned with. As amended the bill still allows a minor to be vaccinated for a communicable disease without parental consent when the health professional, in good faith and with a reasonable belief supported by fact, determines that the minor professes or is found to be afflicted with any reportable communicable disease, including a sexually transmitted disease. This applies to prevention (vaccines) as well as diagnosis and treatment.  See page 5 of the amended version here. 

UPDATE: 3/24/2023 - HB 676 was scheduled for a hearing in the Senate Judiciary Committee on 3/27/2023 at 8:00 am. 

UPDATE: 3/13/2023 - HB 676 was referred to the Senate Judiciary Committee on 3/13/2023. 

UPDATE: 3/3/2023 - HB 676 passed the full House by a vote of 65 yes and 35 no and was transmitted to the Senate on 3/3/2023. 

UPDATE: 3/1/2023 - HB 676 was scheduled for 2nd Reading in House on 3/2/2023.

UPDATE: 2/28/2023 - HB 676 passed the House Judiciary Committee without an amendment to prohibit minor consent for prevention (vaccination) of any reportable communicable disease, including a sexually transmitted disease. Vote was 12 Yes, 7 No.

UPDATE: 2/22/2023 - HB 676 is scheduled for a hearing in the House Judiciary Committee on 1/27/2023 at 7:00 AM in Room 137.  See agenda here. 

HB 676 was introduced on 2/20/2023.  This bill is sponsored by Representative Seekins-Crowe

This bill expands current state law concerning parental rights by adding and clarifying specific rights that parents have.  NVIC supports parental rights, however NVIC cannot support this bill because it fails to correct a major problem within the existing law that is also in the bill. 

Current state law 41-1-402 (2)(c) -Validity of consent of minor for health services states in part:

(2) The consent to the provision of health services and to control access to protected health care information by a health care facility or to the performance of health services by a health professional may be given by a minor who professes or is found to meet any of the following descriptions:

(c) a minor who the minor professes or is found to be pregnant or afflicted with any reportable communicable disease, including a sexually transmitted disease, or drug and substance abuse, including alcohol. This self-consent applies only to the prevention, diagnosis, and treatment of those conditions specified in this subsection (2)(c).

This section allows a minor, who is afflicted with any reportable communicable disease, to consent to preventive measures which would include vaccines.  Vaccination is a medical intervention that can cause injury and death and NVIC does not support minors being able to consent to vaccination without parental consent for multiple reasons. 

NVIC could support this bill if vaccines were added to the existing section that prohibits minors from consenting to sterilization or abortion or the current law was amended to clarify that minors cannot consent to vaccination without parental consent. 

Existing section excluding sterilization or abortion:

(3) Self-consent of minors does not apply to sterilization or abortion, except as provided in Title 50, 12 chapter 20, part 5."

See full text as introduced - https://leg.mt.gov/bills/2023/billpdf/HB0676.pdf 

http://laws.leg.mt.gov/legprd/LAW0210W$BSIV.ActionQuery?P_BILL_NO1=676&P_BLTP_BILL_TYP_CD=HB&Z_ACTION=Find&P_SESS=20231 - text, status and history for SB 676