SESSION WATCH
THE BILL ITSELF

HB 173

Parental Rights

VERSION H 173 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

1 A bill to be entitled
2 An act relating to parental rights; amending s.
3 381.0051, F.S.; revising requirements for the
4 provision of maternal health and contraceptive
5 information and services to minors; amending s.
6 384.30, F.S.; requiring consent from a parent or
7 guardian for a minor's treatment for certain diseases;
8 amending s. 394.459, F.S.; conforming a provision to
9 changes made by the act; repealing s. 394.4784, F.S.,
10 relating to minors' access to outpatient crisis
11 intervention services and treatment; amending s.
12 394.495, F.S.; requiring consent from a parent or
13 guardian for certain services provided by a mobile
14 response team; amending s. 397.431, F.S.; revising
15 responsibility for the cost of certain substance abuse
16 services; amending s. 397.501, F.S.; revising
17 requirements for consent to disclosure of individual
18 records; amending s. 397.601, F.S.; revising
19 requirements for voluntary admission for substance
20 abuse impairment services; amending s. 1001.42, F.S.;
21 requiring school districts to provide parents with
22 specified information before the district administers
23 certain questionnaires or forms to students; requiring
24 school districts to give parents an opportunity to opt
25 their students out of such questionnaire or form;
26 amending s. 1014.04, F.S.; revising exceptions for
27 certain parental rights; providing that a parent has
28 the right to review, inspect, and consent to a
29 specified survey or questionnaire before the survey or
30 questionnaire is provided to the parent's minor child;
31 providing that a parent has the right to certain
32 information about the survey or questionnaire at the
33 time consent is provided; providing applicability;
34 providing that a parent has the right to consent in
35 writing to the use of a biofeedback device on the
36 parent's minor child; defining the term "biofeedback
37 device"; requiring that the results from the use of
38 such device be provided to a parent and be held as a
39 confidential medical record; amending s. 1014.06,
40 F.S.; revising exceptions for specified requirements
41 of parental consent; reenacting ss. 408.813(3)(f) and
42 456.072(1)(rr), F.S., relating to administrative fines
43 and grounds for discipline, respectively, to
44 incorporate the amendment made to s. 1014.06, F.S., in
45 references thereto; providing an effective date.
47 Be It Enacted by the Legislature of the State of Florida:
49 Section 1. Paragraph (a) of subsection (4) of section
50 381.0051, Florida Statutes, is amended to read:
51 381.0051 Family planning.—
52 (4) MINORS; PROVISION OF MATERNAL HEALTH AND CONTRACEPTIVE
53 INFORMATION AND SERVICES.—
54 (a) Maternal health and contraceptive information and
55 services of a nonsurgical nature may be rendered to any minor by
56 persons licensed to practice medicine under the provisions of
57 chapter 458 or chapter 459, as well as by the Department of
58 Health through its family planning program, provided the minor:
59 1. Is married;
60 2. Is a parent;
61 3. Is pregnant; or
62 4. Has the consent of a parent or legal guardian; or
63 5. May, in the opinion of the physician, suffer probable
64 health hazards if such services are not provided. Section 2. Section 384.30, Florida Statutes, is amended to
66 read:
67 384.30 Minors' consent to treatment.—
68 (1) The department and its authorized representatives,
69 each physician licensed to practice medicine under the
70 provisions of chapter 458 or chapter 459, each health care
71 professional licensed under the provisions of part I of chapter
72 464 who is acting pursuant to the scope of his or her license,
73 and each public or private hospital, clinic, or other health
74 facility may examine and provide treatment for sexually
75 transmissible diseases to any minor, if the physician, health
76 care professional, or facility is qualified to provide such
77 examination and treatment. The consent of a parent the parents
78 or guardian guardians of a minor is not a prerequisite for an
79 examination; however, the consent of a parent or guardian is
80 required for or treatment.
81 (2) The fact of consultation, examination, and treatment
82 of a minor for a sexually transmissible disease is confidential
83 and exempt from the provisions of s. 119.07(1) and may shall not
84 be divulged in any direct or indirect manner, such as sending a
85 bill for a consultation or examination services rendered to a
86 parent or guardian, except as provided in s. 384.29.
87 Section 3. Paragraph (a) of subsection (3) of section
88 394.459, Florida Statutes, is amended to read:
89 394.459 Rights of patients.—
90 (3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT.—
91 (a)1. Each patient entering treatment shall be asked to
92 give express and informed consent for admission or treatment. If
93 the patient has been adjudicated incapacitated or found to be
94 incompetent to consent to treatment, express and informed
95 consent to treatment shall be sought instead from the patient's
96 guardian or guardian advocate. If the patient is a minor,
97 express and informed consent for admission or treatment shall
98 also be requested from the patient's guardian. Express and
99 informed consent for admission or treatment of a patient under
100 18 years of age shall be required from the patient's guardian,
101 unless the minor is seeking outpatient crisis intervention
102 services under s. 394.4784. Express and informed consent for
103 admission or treatment given by a patient who is under 18 years
104 of age shall not be a condition of admission when the patient's
105 guardian gives express and informed consent for the patient's
106 admission pursuant to s. 394.463 or s. 394.467.
107 2. Before giving express and informed consent, the
108 following information shall be provided and explained in plain
109 language to the patient, or to the patient's guardian if the
110 patient is 18 years of age or older and has been adjudicated
111 incapacitated, or to the patient's guardian advocate if the
112 patient has been found to be incompetent to consent to
113 treatment, or to both the patient and the guardian if the
114 patient is a minor: the reason for admission or treatment; the
115 proposed treatment; the purpose of the treatment to be provided;
116 the common risks, benefits, and side effects thereof; the
117 specific dosage range for the medication, when applicable;
118 alternative treatment modalities; the approximate length of
119 care; the potential effects of stopping treatment; how treatment
120 will be monitored; and that any consent given for treatment may
121 be revoked orally or in writing before or during the treatment
122 period by the patient or by a person who is legally authorized
123 to make health care decisions on behalf of the patient.
124 Section 4. Section 394.4784, Florida Statutes, is
125 repealed.
126 Section 5. Paragraph (b) of subsection (7) of section
127 394.495, Florida Statutes, is amended to read:
128 394.495 Child and adolescent mental health system of care;
129 programs and services.—
130 (7)
131 (b) A mobile response team shall, at a minimum:
132 1. Triage new requests to determine the level of severity
133 and prioritize new requests that meet the clinical threshold for
134 an in-person response. To the extent permitted by available
135 resources, mobile response teams must provide in-person
136 responses to such calls meeting such clinical level of response
137 within 60 minutes after prioritization.
138 2. Respond to a crisis in the location where the crisis is
139 occurring.
140 3. Provide behavioral health crisis-oriented services that
141 are responsive to the needs of the child, adolescent, or young
142 adult and his or her family.
143 4. Provide evidence-based practices to children,
144 adolescents, young adults, and families to enable them to de-
145 escalate and respond to behavioral challenges that they are
146 facing and to reduce the potential for future crises.
147 5. Provide screening, standardized assessments, early
148 identification, and referrals to community services.
149 6. Provide care coordination by facilitating the
150 transition to ongoing services.
151 7. Ensure there is a process in place for informed consent
152 and confidentiality compliance measures. Consent of a parent or
153 guardian is required for services provided by the mobile
154 response team after the immediate, onsite behavioral health
155 crisis services, including, but not limited to, the provision of
156 additional evidence-based services subsequent to the crisis
157 event, referrals to community services, and care coordination.
158 8. Promote information sharing and the use of innovative
159 technology.
160 9. Coordinate with the applicable managing entity to
161 establish informal partnerships with key entities providing
162 behavioral health services and supports to children,
163 adolescents, or young adults and their families to facilitate
164 continuity of care. Section 6. Subsections (1) and (3) of section 397.431,
166 Florida Statutes, are amended to read:
167 397.431 Individual responsibility for cost of substance
168 abuse impairment services.—
169 (1) Before accepting an individual for admission and in
170 accordance with confidentiality guidelines, both the full charge
171 for services and the fee charged to the individual for such
172 services under the provider's fee system or payment policy must
173 be disclosed to each individual or his or her authorized
174 personal representative, or parent or legal guardian if the
175 individual is a minor who did not seek treatment voluntarily and
176 without parental consent.
177 (3) The parent, legal guardian, or legal custodian of a
178 minor is not liable for payment for any substance abuse services
179 provided to the minor without parental consent pursuant to s.
180 397.601(4), unless the parent, legal guardian, or legal
181 custodian participates or is ordered to participate in the
182 services, and only for the substance abuse services rendered. If
183 the minor is receiving services as a juvenile offender, the
184 obligation to pay is governed by the law relating to juvenile
185 offenders.
186 Section 7. Paragraph (e) of subsection (7) of section
187 397.501, Florida Statutes, is amended to read:
188 397.501 Rights of individuals.—Individuals receiving
189 substance abuse services from any service provider are
190 guaranteed protection of the rights specified in this section,
191 unless otherwise expressly provided, and service providers must
192 ensure the protection of such rights.
193 (7) RIGHT TO CONFIDENTIALITY OF INDIVIDUAL RECORDS.—
194 (e)1. Since a minor acting alone has the legal capacity to
195 voluntarily apply for and obtain substance abuse treatment, any
196 written consent for disclosure may be given only by the minor.
197 This restriction includes, but is not limited to, any disclosure
198 of identifying information to the parent, legal guardian, or
199 custodian of a minor for the purpose of obtaining financial
200 reimbursement.
201 2. When the consent of a parent, legal guardian, or
202 custodian is required under this chapter in order for a minor to
203 obtain substance abuse treatment, any written consent for
204 disclosure must be given by both the minor and the parent, legal
205 guardian, or custodian.
206 Section 8. Subsection (4) of section 397.601, Florida
207 Statutes, is amended to read:
208 397.601 Voluntary admissions.—
209 (4)(a) The disability of minority for persons under 18
210 years of age is removed solely for the purpose of obtaining
211 voluntary substance abuse impairment services from a licensed
212 service provider, and consent to such services by a minor has
213 the same force and effect as if executed by an individual who
214 has reached the age of majority. Such consent is not subject to
215 later disaffirmance based on minority.
216 (b) Except for purposes of law enforcement activities in
217 connection with protective custody, the disability of minority
218 is not removed if there is For an involuntary admission of a
219 minor for substance abuse services, in which case parental
220 participation may be required as the court finds appropriate.
221 Section 9. Paragraph (c) of subsection (8) of section
222 1001.42, Florida Statutes, is amended to read:
223 1001.42 Powers and duties of district school board.—The
224 district school board, acting as a board, shall exercise all
225 powers and perform all duties listed below:
226 (8) STUDENT WELFARE.—
227 (c)1. In accordance with the rights of parents enumerated
228 in ss. 1002.20 and 1014.04, adopt procedures for notifying a
229 student's parent if there is a change in the student's services
230 or monitoring related to the student's mental, emotional, or
231 physical health or well-being and the school's ability to
232 provide a safe and supportive learning environment for the
233 student. The procedures must reinforce the fundamental right of
234 parents to make decisions regarding the upbringing and control
235 of their children by requiring school district personnel to
236 encourage a student to discuss issues relating to his or her
237 well-being with his or her parent or to facilitate discussion of
238 the issue with the parent. The procedures may not prohibit
239 parents from accessing any of their student's education and
240 health records created, maintained, or used by the school
241 district, as required by s. 1002.22(2).
242 2. A school district may not adopt procedures or student
243 support forms that prohibit school district personnel from
244 notifying a parent about his or her student's mental, emotional,
245 or physical health or well-being, or a change in related
246 services or monitoring, or that encourage or have the effect of
247 encouraging a student to withhold from a parent such
248 information. School district personnel may not discourage or
249 prohibit parental notification of and involvement in critical
250 decisions affecting a student's mental, emotional, or physical
251 health or well-being. This subparagraph does not prohibit a
252 school district from adopting procedures that permit school
253 personnel to withhold such information from a parent if a
254 reasonably prudent person would believe that disclosure would
255 result in abuse, abandonment, or neglect, as those terms are
256 defined in s. 39.01.
257 3. Classroom instruction by school personnel or third
258 parties on sexual orientation or gender identity may not occur
259 in prekindergarten through grade 8, except when required by ss.
260 1003.42(2)(o)3. and 1003.46. If such instruction is provided in
261 grades 9 through 12, the instruction must be age-appropriate or
262 developmentally appropriate for students in accordance with
263 state standards. This subparagraph applies to charter schools.
264 4. Student support services training developed or provided
265 by a school district to school district personnel must adhere to
266 student services guidelines, standards, and frameworks
267 established by the Department of Education.
268 5. At the beginning of the school year, each school
269 district shall notify parents of each health care service
270 offered at their student's school and the option to withhold
271 consent or decline any specific service in accordance with s.
272 1014.06. Parental consent to a health care service does not
273 waive the parent's right to access his or her student's
274 educational or health records or to be notified about a change
275 in his or her student's services or monitoring as provided by
276 this paragraph.
277 6. Except as provided in s. 1014.04(1)(k), before
278 administering any a student well-being, mental health, or health
279 screening questionnaire or health screening form to a student in
280 kindergarten through grade 12 3, the school district must
281 provide the questionnaire or health screening form to the
282 parent, either electronically or in paper form, and notify the
283 parent of the date or time period when the questionnaire or form
284 will be administered. The school district must give the parent
285 an opportunity to opt his or her student out of participation
286 and obtain the permission of the parent.
287 7. Each school district shall adopt procedures for a
288 parent to notify the principal, or his or her designee,
289 regarding concerns under this paragraph at his or her student's
290 school and the process for resolving those concerns within 7
291 calendar days after notification by the parent.
292 a. At a minimum, the procedures must require that within
293 30 days after notification by the parent that the concern
294 remains unresolved, the school district must either resolve the
295 concern or provide a statement of the reasons for not resolving
296 the concern.
297 b. If a concern is not resolved by the school district, a
298 parent may:
299 (I) Request the Commissioner of Education to appoint a
300 special magistrate who is a member of The Florida Bar in good
301 standing and who has at least 5 years' experience in
302 administrative law. The special magistrate shall determine facts
303 relating to the dispute over the school district procedure or
304 practice, consider information provided by the school district,
305 and render a recommended decision for resolution to the State
306 Board of Education within 30 days after receipt of the request
307 by the parent. The State Board of Education must approve or
308 reject the recommended decision at its next regularly scheduled
309 meeting that is more than 7 calendar days and no more than 30
310 days after the date the recommended decision is transmitted. The
311 costs of the special magistrate shall be borne by the school
312 district. The State Board of Education shall adopt rules,
313 including forms, necessary to implement this subparagraph.
314 (II) Bring an action against the school district to obtain
315 a declaratory judgment that the school district procedure or
316 practice violates this paragraph and seek injunctive relief. A
317 court may award damages and shall award reasonable attorney fees
318 and court costs to a parent who receives declaratory or
319 injunctive relief.
320 c. Each school district shall adopt and post on its
321 website policies to notify parents of the procedures required
322 under this subparagraph.
323 d. Nothing contained in this subparagraph shall be
324 construed to abridge or alter rights of action or remedies in
325 equity already existing under the common law or general law.
326 Section 10. Paragraphs (e), (f), and (h) of subsection (1)
327 of section 1014.04, Florida Statutes, are amended, and
328 paragraphs (k) and (l) are added to that subsection, to read:
329 1014.04 Parental rights.—
330 (1) All parental rights are reserved to the parent of a
331 minor child in this state without obstruction or interference
332 from the state, any of its political subdivisions, any other
333 governmental entity, or any other institution, including, but
334 not limited to, all of the following rights of a parent of a
335 minor child in this state:
336 (e) The right to make health care decisions for his or her
337 minor child, unless:
338 1. The parent is the subject of an investigation of a
339 crime committed against the minor child;
340 2. The minor child has been maintained in an out-of-home
341 placement by the Department of Children and Families and the
342 department has the minor child examined for injury, illness, and
343 communicable diseases and to determine the need for
344 immunization;
345 3. The minor child is authorized by law to make specific
346 health care decisions for himself or herself as provided in ss.
347 743.01, 743.015, 743.06, 743.065, 743.066, and 743.067;
348 4. A parent cannot be located and another person is
349 authorized by law to make health care decisions as provided in
350 s. 743.0645;
351 5. The minor child is receiving emergency medical care
352 under s. 743.064, involuntary services under s. 394.463 or s.
353 397.675, or immediate, onsite behavioral health crisis services
354 under s. 394.495(7);
355 6. Circumstances exist which satisfy the requirements of
356 law for a parent's implied consent to medical care and treatment
357 of the minor child as provided in s. 383.50; or
358 7. A court order provides otherwise prohibited by law.
359 (f) The right to access and review all medical records of
360 his or her minor child, unless prohibited by law or if the
361 parent is the subject of an investigation of a crime committed
362 against the minor child and a law enforcement agency or official
363 requests that the information not be released.
364 (h) The right to consent in writing before any record of
365 his or her minor child's blood or deoxyribonucleic acid (DNA) is
366 created, stored, or shared, except as required by s. 943.325 or
367 s. 943.326 general law or authorized pursuant to a court order.
368 (k)1. The right to review, inspect, and consent to a
369 survey or questionnaire before such survey or questionnaire is
370 given to his or her minor child which may reveal information
371 concerning any of the following:
372 a. Political affiliations or beliefs of the child or the
373 child's family;
374 b. Mental or psychological problems of the child or the
375 child's family;
376 c. Sexual behavior or attitudes;
377 d. Illegal, antisocial, self-incriminating, or demeaning
378 behavior;
379 e. Critical appraisals of any other individual with whom
380 the child has a close family relationship;
381 f. Legally recognized privileged or analogous
382 relationships, such as those of lawyers, physicians, and
383 ministers;
384 g. Religious practices, affiliations, or beliefs of the
385 child or child's parent; or
386 h. Income, other than that required by law to determine
387 eligibility for participation in a program or for receiving
388 financial assistance under such program.
389 2. The right to know, at the time consent is provided, the
390 purpose of the survey or questionnaire, how the information will
391 be used, and the extent to which the information will be shared
392 and redisclosed and to whom.
394 This paragraph does not apply when a parent does not have the
395 right to make health care decisions for his or her minor child
396 pursuant to paragraph (e).
397 (l) The right to consent in writing to the use of a
398 biofeedback device on his or her minor child. As used in this
399 paragraph, the term "biofeedback device" means an instrument or
400 a sensor used to measure bodily functions, such as heart rate
401 variability, brain waves, or breathing rate, outside of a health
402 care facility or provider's office, for the purpose of improving
403 performance. If the parent consents to the use of the device,
404 all results must be provided to the parent and must otherwise be
405 held as a confidential medical record.
406 Section 11. Subsections (1) and (2) of section 1014.06,
407 Florida Statutes, are amended to read:
408 1014.06 Parental consent for health care services.—
409 (1) Except as otherwise provided in s. 1014.04(1)(e) or by
410 a court order law, a health care practitioner, as defined in s.
411 456.001, or an individual employed by such health care
412 practitioner may not provide or solicit or arrange to provide
413 health care services or prescribe medicinal drugs to a minor
414 child without first obtaining written parental consent.
415 (2) Except as otherwise provided in s. 1014.04(1)(e) by
416 law or by a court order, a provider, as defined in s. 408.803,
417 may not allow a medical procedure to be performed on a minor
418 child in its facility without first obtaining written parental
419 consent.
420 Section 12. For the purpose of incorporating the amendment
421 made by this act to section 1014.06, Florida Statutes, in a
422 reference thereto, paragraph (f) of subsection (3) of section
423 408.813, Florida Statutes, is reenacted to read:
424 408.813 Administrative fines; violations.—As a penalty for
425 any violation of this part, authorizing statutes, or applicable
426 rules, the agency may impose an administrative fine.
427 (3) The agency may impose an administrative fine for a
428 violation that is not designated as a class I, class II, class
429 III, or class IV violation. Unless otherwise specified by law,
430 the amount of the fine may not exceed $500 for each violation.
431 Unclassified violations include:
432 (f) Violating the parental consent requirements of s.
433 1014.06.
434 Section 13. For the purpose of incorporating the amendment
435 made by this act to section 1014.06, Florida Statutes, in a
436 reference thereto, paragraph (rr) of subsection (1) of section
437 456.072, Florida Statutes, is reenacted to read:
438 456.072 Grounds for discipline; penalties; enforcement.—
439 (1) The following acts shall constitute grounds for which
440 the disciplinary actions specified in subsection (2) may be
441 taken:
442 (rr) Failure to comply with the parental consent
443 requirements of s. 1014.06.
444 Section 14. This act shall take effect July 1, 2026.