HF 22

3rd Engrossment - 94th Legislature (2025 - 2026) Posted on 03/06/2025 03:40pm

A bill for an act
relating to families; creating a parent's bill of rights; amending Minnesota Statutes
2024, section 144.291, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapters 145; 257.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 144.291, subdivision 2, is amended to read:

Subd. 2.

Definitions.

For the purposes of sections 144.291 to 144.298, the following
terms have the meanings given.

(a) "Group purchaser" has the meaning given in section 62J.03, subdivision 6.

(b) "Health information exchange" means a legal arrangement between health care
providers and group purchasers to enable and oversee the business and legal issues involved
in the electronic exchange of health records between the entities for the delivery of patient
care.

(c) "Health record" means any information, whether oral or recorded in any form or
medium, that relates to the past, present, or future physical or mental health or condition of
a patient; the provision of health care to a patient; or the past, present, or future payment
for the provision of health care to a patient.

(d) "Identifying information" means the patient's name, address, date of birth, gender,
parent's or guardian's name regardless of the age of the patient, and other nonclinical data
which can be used to uniquely identify a patient.

(e) "Individually identifiable form" means a form in which the patient is or can be
identified as the subject of the health records.

(f) "Medical emergency" means medically necessary care which is immediately needed
to preserve life, prevent serious impairment to bodily functions, organs, or parts, or prevent
placing the physical or mental health of the patient in serious jeopardy.

(g) "Patient" means a natural person who has received health care services from a provider
for treatment or examination of a medical, psychiatric, or mental condition, the surviving
spouse and parents of a deceased patient, or a person the patient appoints in writing as a
representative, including a health care agent acting according to chapter 145C, unless the
authority of the agent has been limited by the principal in the principal's health care directive.
Except for minors who have received health care services under deleted text begin sections deleted text end new text begin section new text end 144.341
deleted text begin to 144.347 deleted text end new text begin or 144.342 new text end , in the case of a minor, patient includes a parent or guardian, or a
person acting as a parent or guardian in the absence of a parent or guardian.

(h) "Patient information service" means a service providing the following query options:
a record locator service as defined in paragraph (j) or a master patient index or clinical data
repository as defined in section 62J.498, subdivision 1.

(i) "Provider" means:

(1) any person who furnishes health care services and is regulated to furnish the services
under chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148D, 148F, 150A, 151, 153, or
153A;

(2) a home care provider licensed under section 144A.471;

(3) a health care facility licensed under this chapter or chapter 144A;

(4) an assisted living facility licensed under chapter 144G; and

(5) a physician assistant registered under chapter 147A.

(j) "Record locator service" means an electronic index of patient identifying information
that directs providers in a health information exchange to the location of patient health
records held by providers and group purchasers.

(k) "Related health care entity" means an affiliate, as defined in section 144.6521,
subdivision 3, paragraph (b), of the provider releasing the health records.

Sec. 2.

new text begin [145.565] PARENT OR GUARDIAN ACCESS TO MEDICAL
EXAMINATION ROOM OF MINOR; QUESTIONS ASKED OF MINOR.
new text end

new text begin Subdivision 1. new text end

new text begin Access to examination room. new text end

new text begin (a) A health care provider providing health
services to a minor must allow the minor's parent or guardian to have full and complete
access to the examination room in which the minor is receiving health services. If the health
services being provided involve a private area of the minor's body and the minor's parent
or guardian remains in the examination room, the health care provider must provide, upon
request, a privacy screen or other mechanism to protect the minor's privacy.
new text end

new text begin (b) Before a minor is taken to an examination room, a health care provider providing
health services to a minor or a health clinic, or health care facility where a minor is receiving
health services, must provide clear and conspicuous notice of the rights under paragraph
(a).
new text end

new text begin Subd. 2. new text end

new text begin Notice of standardized questions asked of minor. new text end

new text begin Before asking any
standardized oral or written questions of a minor, a health care provider must provide a
minor's parent or guardian with written notice of the standardized oral or written questions.
The notice must be provided regardless of whether the parent or guardian chooses to be
present in the examination room with the minor and must include:
new text end

new text begin (1) a statement that the parent, guardian, or minor has the right to opt out of answering
questions unrelated to the purpose of the visit;
new text end

new text begin (2) information on whether the minor's answers to the standardized questions will be
shared with others, stored in the minor's health record, or recorded in any manner; and
new text end

new text begin (3) a list of the categories and topics of questions that may be asked.
new text end

new text begin Subd. 3. new text end

new text begin Exception. new text end

new text begin This section does not apply to:
new text end

new text begin (1) a minor who consents to health services under section 144.341 or 144.342; or
new text end

new text begin (2) an examination involving a suspected case of physical abuse as defined in section
260E.03, subdivision 18, or sexual abuse as defined in section 260E.03, subdivision 20, so
long as the health care provider documents the basis for the suspected abuse and notifies
the appropriate authorities.
new text end

Sec. 3.

new text begin [257.0751] PARENT'S BILL OF RIGHTS.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This act is known as the "Parent's Bill of Rights."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin As used in this act, unless the context otherwise requires:
new text end

new text begin (1) "minor child" means a person 17 years of age or younger; and
new text end

new text begin (2) "parent" means the natural or adoptive parent or legal guardian of a minor child.
new text end

new text begin Subd. 3. new text end

new text begin Parental rights reserved. new text end

new text begin (a) This state, any political subdivision of this state,
or any other governmental entity or institution shall not infringe on the fundamental rights
of a parent to direct the upbringing, well-being, education, and physical and mental health
care of the parent's minor child without demonstrating that the potential infringement of
parental rights is reasonable and necessary to achieve a compelling state interest, and that
the potential infringement of parental rights is narrowly tailored and is not otherwise served
by a less restrictive means. All parental rights are reserved to a parent of a minor child
without obstruction or interference from this state, any political subdivision of this state, or
any other governmental entity or institution including but not limited to the right to:
new text end

new text begin (1) exercise freedom of choice in the minor child's education in accordance with
compulsory instruction requirements in section 120A.22 and choose public, charter, private,
or home education;
new text end

new text begin (2) access and review all school records relating to the minor child;
new text end

new text begin (3) direct the upbringing of the minor child;
new text end

new text begin (4) direct the moral or religious training of the minor child;
new text end

new text begin (5) except as provided in sections 144.341 to 144.347; 145.41; 253B.03, subdivision 6;
and 253B.04, subdivision 1:
new text end

new text begin (i) provide informed consent in making health care decisions for the minor child,
including choosing the minor child's health care team and accepting or declining biological,
pharmaceutical, and supplemental interventions in coordination with the selected health
care team;
new text end

new text begin (ii) consent in writing before any physical or mental health examination of the minor
child takes place or before any pharmaceutical, surgical, or therapeutic intervention for the
minor child takes place; and
new text end

new text begin (iii) consent in writing before any record of the minor child's blood or DNA is made,
shared, or stored, unless obtaining the blood or DNA is otherwise required by law or
authorized by a court order.
new text end

new text begin Following the provision of any health service that a minor child consents to under sections
144.343 to 144.347; 145.41; 253B.03, subdivision 6; or 253B.04, subdivision 1, the health
professional providing the health service must provide written notice that the minor child
consented to the health service to both parents of the minor child if the minor child resides
with both parents, to the parent or parents with legal custody of the minor child, or to the
minor child's legal guardian or custodian;
new text end

new text begin (6) access and review all medical records and physical samples of the minor child, except
for the medical records and physical samples of a minor child who consents to health services
under section 144.341 or 144.342;
new text end

new text begin (7) consent in writing before any biometric scan of the minor child occurs or is shared
or stored;
new text end

new text begin (8) consent in writing before the state or any of its political subdivisions makes a video
or voice recording of the minor child, unless the video or voice recording is to be used solely
for any of the following purposes:
new text end

new text begin (i) the maintenance of order and discipline in the common areas of a school or on school
vehicles;
new text end

new text begin (ii) a purpose related to a legitimate academic or extracurricular activity;
new text end

new text begin (iii) a purpose related to regular classroom instruction;
new text end

new text begin (iv) security or surveillance of buildings or grounds; or
new text end

new text begin (v) a photo identification card; and
new text end

new text begin (9) be notified promptly if an employee of this state, any political subdivision of this
state, any other governmental entity or institution, or any other institution suspects that a
criminal offense has been committed against the minor child by someone other than a parent.
new text end

new text begin (b) Any attempt to encourage or coerce a minor child to withhold information from the
minor child's parent shall be grounds for discipline of an employee of this state, any political
subdivision of this state, or any other governmental entity or institution.
new text end

new text begin (c) Any attempt to coerce or discriminate against the parent of a minor child for exercising
these rights shall be grounds for discipline of an employee of this state, any political
subdivision of this state, or any other governmental entity or institution.
new text end

new text begin (d) This section does not authorize or allow a parent to abuse or neglect a minor child
in violation of state law. This section shall not be construed to apply to a parental action or
decision that would end life. This section does not prohibit courts, law enforcement, or a
government agency from acting in an official capacity within the reasonable and prudent
scope of their authority and these rights.
new text end

new text begin (e) Unless a right has been legally waived or legally terminated, a parent has inalienable
rights that are more comprehensive than those listed in this act. The parent's bill of rights
does not prescribe all rights of a parent. Unless otherwise required by law, the rights of a
parent of a minor child must not be limited or denied.
new text end