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Senate defeats bill enabling parental access to minor child's medical exam room

The bill was debated for over an hour on the Senate floor.

The State Senate has defeated a bill that would guarantee parental access to a medical examination room of a minor.

The bill provided that written notice of questions to be asked of a minor patient be given ahead of time. A medical provider may ask their minor patient about their gender, sexuality, alcohol or drug use, their home and family life, as well as any access to firearms or changes to the minor patient’s mental or behavioral health.

Several senators rose to debate the bill for over an hour. Supporters of the bill said a parent being present during their child’s appointments could prevent potential child abuse by providers. Opponents said the bill could provide a lifeline to a child who was being abused at home.

Minot Republican Senator Jose Castaneda was one of the authors on the bill. He said he was interested in supporting the bill due to an experience he had with his son at a doctor’s office.

"Get to the doctor's office and at some point they'd say, well, you'll have to step out so we can have a conversation with your child. My son, he was 12 or 13 years old. I said, well why do you need to have a private conversation with him? Do you suspect me of child abuse, and that's why you need to have a conversation with my son? They said, not at all. We just need to have a private conversation with your son. So, if you don't suspect anything, then why does this need to happen?"

West Fargo Republican Senator Judy Lee said while she understood many parents have their child’s best interests in mind, there are just some things a child may not want to discuss in front of them – such as their mental health, or any behavioral issues.

"It may be that they're thinking about or tempted, because other kids are getting involved in pill popping or whatever it might be, and the doctor would like to visit about those kinds of things; smoking and vaping, what the challenges are and why they should consider their own health in these situations. They certainly aren't going to want anyone to know, or the parent to know if they're using drugs or if they're going to pill parties or whatever it happens to be. And they certainly don't want mom to sit there and hear the answer to whether or not they're having sex, if they are."

Lee said a provider speaking with a minor patient privately could give them opportunities to encourage that patient to speak with their parents about those things.

House Bill 1450 failed 18 to 29.