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MS HB1258

Bill

Status

Failed

3/6/2012

Primary Sponsor

Jeffrey Smith

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Authorizes nonlegal custodians (excluding foster parents under Department of Human Services) to give legal consent for medical or educational services for children in their care by executing a standardized affidavit valid for one year.

  • Requires the affidavit to include warnings and specific information including child's name and date of birth, custodian's name and address, driver's license or ID number, and notification that parents or legal custodians were advised or could not be contacted.

  • Permits parents or legal custodians to supersede the nonlegal custodian's decisions regarding medical or educational services unless the legal custodian's decision jeopardizes the child's life, health, safety, or welfare.

  • Provides immunity from civil liability, criminal prosecution, and professional discipline to persons who act in good faith reliance on a properly executed affidavit without knowledge of contradictory facts.

  • Prohibits the affidavit from authorizing abortion and requires nonlegal custodians to notify all recipients of the affidavit if the child ceases to live with them.

Legislative Description

Nonlegal custodian; authorize to give consent for medical or educational services.

Last Action

Died In Committee

3/6/2012

Full Bill Text

No bill text available