FINAL BILL REPORT

SB 5492

                              C 377 L 89

BYSenators Nelson and Talmadge

Establishing immunity for health care providers in suits brought by a parent.

Senate Committee on Law & Justice

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

The domestic relations statute was recently amended to include parenting plans.  Parenting plans are used to encourage cooperation by fully specifying the rights and duties of each parent.  A parenting plan must allocate decision-making authority regarding the children's health care to one or both parents.

There is a concern that medical treatment for children may be delayed when a parenting plan exists.  The concern is that medical personnel may delay or not perform treatment because of the fear of legal liability for failure to obtain parental consent as specified in a parenting plan.

SUMMARY:

Health care providers treating a child with the consent of a parent are not liable for damages in a civil action brought by the other parent, when the action is based only on a lack of his or her consent.  This immunity applies even if the consenting parent is not authorized to consent under the parenting plan.

VOTES ON FINAL PASSAGE:

     Senate   47    0

     House 97  0 (House amended)

     Senate   48    0 (Senate concurred)

EFFECTIVE:July 23, 1989