House Amendment 3
H 4757 - Session 126 (2025-2026)
Parental Rights

Rep. DAVIS proposes the following amendment (LC-4757.WAB0002H):

Amend the bill, as and if amended, SECTION 2, by striking Section 59-28-320(D)(5) and (6) and inserting:

  (5) prevent the Department of Social Services or other law enforcement entity from conducting an investigation or otherwise carrying out its responsibilities under state law and consistent with this section; and
  (6) apply to a non-invasive and non-chemically assisted vision or hearing screening or vision exam offered on the site of a Title 1 public school to the students attending the school, provided the services are rendered as part of a not-for-profit program, as defined in Section 40-37-320, and provided the LEA provides the parent of the minor appropriate notice and provides the parent with an opportunity to withhold consent to these services; and
  (7) prevent the Department of Public Health from providing services in accordance with state or federal law.

Amend the bill further, SECTION 3, by striking Section 63-5-340(B) and (C) and inserting:

 (B) Except as otherwise provided by state or federal law, this section, or court order, a person or healthcare provider must obtain the consent of a parent of a minor before procuring, providing a referral for, or rendering healthcare to the minor.
 (C) Subsection The consent requirements of subsection (B) does do not apply when:
  (1) a parent of the minor has provided prior consent authorizing the person or entity to perform an activity listed in subsection (B);
  (2) it has been reasonably determined by a healthcare provider that an emergency exists and either of the following conditions is true:
   (a) it is necessary to perform an activity listed in subsection (B) in order to prevent death or imminent, irreparable physical injury to the minor, or
   (b) a parent of the child cannot be located or contacted after a good faith effort;
  (3) a healthcare provider or healthcare professional renders prehospital care to a minor;
  (4) a person renders emergency care at the scene of an accident or emergency pursuant to Section 15-1-310;
  (5) a healthcare provider, for the purpose of providing appropriate prenatal care, delivery, neonatal or postnatal care, renders healthcare to a child who has attained fourteen years of age; or
  (6) a person renders first aid to a minor.

Renumber sections to conform.

Amend title to conform.