HB 853 / SB 259

This bill strengthens parental rights by ensuring that parents, legal guardians, or custodians have full access to all mental health, medical, rehabilitation, and prescription records of their unemancipated minor children. It mandates that healthcare providers and facilities provide this access, even when treatment was administered without prior parental consent under specific Tennessee laws. Additionally, the bill expands parental authority by allowing them to review all health and medical records, including those related to treatments minors received without their involvement.

The bill also reinforces the requirement for informed parental consent before a minor can receive any medical treatment, including vaccinations. Healthcare providers are prohibited from performing any medical procedures, whether invasive or non-invasive, on minors without first obtaining consent from a parent or legal guardian. However, an exception is made for emergency medical treatment, allowing licensed physicians to provide necessary care to minors without parental consent in urgent situations.

To further clarify medical care provisions, the bill defines key terms such as “medical procedure” and “medical treatment,” specifying that treatment includes examinations, diagnoses, remedies, and medical procedures. In addition, the bill limits the role of school employees in providing medical care to minors, restricting them to basic first aid, such as applying bandages, gauze, or ice packs, while preventing them from engaging in more extensive treatment.

By enacting these measures, the bill enhances parental oversight and limits minors’ ability to seek confidential medical treatment without their parents’ knowledge. It ensures that parents play a central role in their children’s healthcare decisions while still allowing emergency care when necessary. This law takes immediate effect, citing public welfare as the reason for urgency.