HB 1505 — Parental Rights

Paragraph (a) of subsection (4) of section 381.0051, Florida Statutes, is amended to read:

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hb1505-02-c2hb1505-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1505 2025 381.0051Section Family1. planning.— (4) MINORS;

PROVISION OF MATERNAL HEALTH AND CONTRACEPTIVE INFORMATION AND SERVICES.— (a) Maternal health and contraceptive information and services of a nonsurgical nature may be rendered to any minor by persons licensed to practice medicine under the provisions of chapter 458 or chapter 459, as well as by the Department of Health through its family planning program, provided the minor:

1.

Is married;

2.

Is a parent;

3.

Is pregnant;

or 4.

Has the consent of a parent or legal guardian;

or 5.

May, in the opinion of the physician, suffer probable health hazards if such services are not provided.

Section 2.

384.30 Minors' consent to treatment.— (1) The department and its authorized representatives, each physician licensed to practice medicine under the provisions of chapter 458 or chapter 459, each health care professional licensed under the provisions of part I of chapter 464 who is acting pursuant to the scope of his or her license, and each public or private hospital, clinic, or other health facility may examine and provide treatment for sexually transmissible diseases to any minor, if the physician, health Pagecare 3professional, ofor 18facility CODING:is qualified to provide such examination and treatment.

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hb1505-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1505 2025 care professional, or facility is qualified to provide such examination and treatment.

Section 3.2.

ParagraphParagraphs (a)(e), (f), and (h) of subsection (3)(1) of section 394.459,1014.04, Florida Statutes, isare amendedamended, toand read:paragraph Page 2 of 6 CODING:

394.459 Rights of patients.— (3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT.— (a)1.

Each patient entering treatment shall be asked to give express and informed consent for admission or treatment.

If the patient has been adjudicated incapacitated or found to be incompetent to consent to treatment, express and informed consent to treatment shall be sought instead from the patient's guardian or guardian advocate.

If the patient is a minor, express and informed consent for admission or treatment shall also be requested from the patient's guardian.

Express and informed consent for admission or treatment of a patient under 18 years of age shall be required from the patient's guardian, Page 4 of 18 CODING:

hb1505-02-c2hb1505-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1505 2025 unless(k) the minor is seekingadded outpatientto crisisthat interventionsubsection, servicesto underread: s.

394.4784.

Express and informed consent for admission or treatment given by a patient who is under 18 years of age shall not be a condition of admission when the patient's guardian gives express and informed consent for the patient's admission pursuant to s.

394.463 or s.

394.467.

2.

Before giving express and informed consent, the following information shall be provided and explained in plain language to the patient, or to the patient's guardian if the patient is 18 years of age or older and has been adjudicated incapacitated, or to the patient's guardian advocate if the patient has been found to be incompetent to consent to treatment, or to both the patient and the guardian if the patient is a minor:

the reason for admission or treatment;

the proposed treatment;

the purpose of the treatment to be provided;

the common risks, benefits, and side effects thereof;

the specific dosage range for the medication, when applicable;

alternative treatment modalities;

the approximate length of care;

the potential effects of stopping treatment;

how treatment will be monitored;

and that any consent given for treatment may be revoked orally or in writing before or during the treatment period by the patient or by a person who is legally authorized to make health care decisions on behalf of the patient.

Section 4.

Section 394.4784, Florida Statutes, is repealed.

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hb1505-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1505 2025 Section 5.

Paragraph (b) of subsection (7) of section 394.495, Florida Statutes, is amended to read:

394.495 Child and adolescent mental health system of care;

programs and services.— (7) (b) A mobile response team shall, at a minimum:

1.

Triage new requests to determine the level of severity and prioritize new requests that meet the clinical threshold for an in-person response.

To the extent permitted by available resources, mobile response teams must provide in-person responses to such calls meeting such clinical level of response within 60 minutes after prioritization.

2.

Respond to a crisis in the location where the crisis is occurring.

3.

Provide behavioral health crisis-oriented services that are responsive to the needs of the child, adolescent, or young adult and his or her family.

4.

Provide evidence-based practices to children, adolescents, young adults, and families to enable them to de- escalate and respond to behavioral challenges that they are facing and to reduce the potential for future crises.

5.

Provide screening, standardized assessments, early identification, and referrals to community services.

6.

Provide care coordination by facilitating the transition to ongoing services.

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hb1505-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1505 2025 7.

Ensure there is a process in place for informed consent and confidentiality compliance measures.

Consent of a parent or guardian is required for services provided by the mobile response team after the immediate, onsite behavioral health crisis services, including, but not limited to, the provision of additional evidence-based services subsequent to the crisis event, referrals to community services, and care coordination.

8.

Promote information sharing and the use of innovative technology.

9.

Coordinate with the applicable managing entity to establish informal partnerships with key entities providing behavioral health services and supports to children, adolescents, or young adults and their families to facilitate continuity of care.

Section 6.

Subsections (1) and (3) of section 397.431, Florida Statutes, are amended to read:

397.431 Individual responsibility for cost of substance abuse impairment services.— (1) Before accepting an individual for admission and in accordance with confidentiality guidelines, both the full charge for services and the fee charged to the individual for such services under the provider's fee system or payment policy must be disclosed to each individual or his or her authorized personal representative, or parent or legal guardian if the individual is a minor who did not seek treatment voluntarily and Page 7 of 18 CODING:

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hb1505-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1505 2025 without parental consent.

(3) The parent, legal guardian, or legal custodian of a minor is not liable for payment for any substance abuse services provided to the minor without parental consent pursuant to s.

397.601(4), unless the parent, legal guardian, or legal custodian participates or is ordered to participate in the services, and only for the substance abuse services rendered.

If the minor is receiving services as a juvenile offender, the obligation to pay is governed by the law relating to juvenile offenders.

Section 7.

Paragraph (e) of subsection (7) of section 397.501, Florida Statutes, is amended to read:

397.501 Rights of individuals.—Individuals receiving substance abuse services from any service provider are guaranteed protection of the rights specified in this section, unless otherwise expressly provided, and service providers must ensure the protection of such rights.

(7) RIGHT TO CONFIDENTIALITY OF INDIVIDUAL RECORDS.— (e)1.

Since a minor acting alone has the legal capacity to voluntarily apply for and obtain substance abuse treatment, any written consent for disclosure may be given only by the minor.

This restriction includes, but is not limited to, any disclosure of identifying information to the parent, legal guardian, or custodian of a minor for the purpose of obtaining financial reimbursement.

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hb1505-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1505 2025 2.

When the consent of a parent, legal guardian, or custodian is required under this chapter in order for a minor to obtain substance abuse treatment, any written consent for disclosure must be given by both the minor and the parent, legal guardian, or custodian.

Section 8.

Subsection (4) of section 397.601, Florida Statutes, is amended to read:

397.601 Voluntary admissions.— (4)(a) The disability of minority for persons under 18 years of age is removed solely for the purpose of obtaining voluntary substance abuse impairment services from a licensed service provider, and consent to such services by a minor has the same force and effect as if executed by an individual who has reached the age of majority.

Such consent is not subject to later disaffirmance based on minority.

(b) Except for purposes of law enforcement activities in connection with protective custody, the disability of minority is not removed if there is For an involuntary admission of a minor for substance abuse services, in which case parental participation may be required as the court finds appropriate.

Section 9.

Paragraph (c) of subsection (8) of section 1001.42, Florida Statutes, is amended to read:

1001.42 Powers and duties of district school board.—The district school board, acting as a board, shall exercise all powers and perform all duties listed below:

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hb1505-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1505 2025 (8) STUDENT WELFARE.— (c)1.

In accordance with the rights of parents enumerated in ss.

1002.20 and 1014.04, adopt procedures for notifying a student's parent if there is a change in the student's services or monitoring related to the student's mental, emotional, or physical health or well-being and the school's ability to provide a safe and supportive learning environment for the student.

The procedures must reinforce the fundamental right of parents to make decisions regarding the upbringing and control of their children by requiring school district personnel to encourage a student to discuss issues relating to his or her well-being with his or her parent or to facilitate discussion of the issue with the parent.

The procedures may not prohibit parents from accessing any of their student's education and health records created, maintained, or used by the school district, as required by s.

1002.22(2).

2.

A school district may not adopt procedures or student support forms that prohibit school district personnel from notifying a parent about his or her student's mental, emotional, or physical health or well-being, or a change in related services or monitoring, or that encourage or have the effect of encouraging a student to withhold from a parent such information.

School district personnel may not discourage or prohibit parental notification of and involvement in critical decisions affecting a student's mental, emotional, or physical Page 10 of 18 CODING:

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hb1505-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1505 2025 health or well-being.

This subparagraph does not prohibit a school district from adopting procedures that permit school personnel to withhold such information from a parent if a reasonably prudent person would believe that disclosure would result in abuse, abandonment, or neglect, as those terms are defined in s.

39.01.

3.

Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in prekindergarten through grade 8, except when required by ss.

1003.42(2)(o)3.

and 1003.46.

If such instruction is provided in grades 9 through 12, the instruction must be age-appropriate or developmentally appropriate for students in accordance with state standards.

This subparagraph applies to charter schools.

4.

Student support services training developed or provided by a school district to school district personnel must adhere to student services guidelines, standards, and frameworks established by the Department of Education.

5.

At the beginning of the school year, each school district shall notify parents of each health care service offered at their student's school and the option to withhold consent or decline any specific service in accordance with s.

1014.06.

Parental consent to a health care service does not waive the parent's right to access his or her student's educational or health records or to be notified about a change in his or her student's services or monitoring as provided by Page 11 of 18 CODING:

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hb1505-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1505 2025 this paragraph.

6.

Except as provided in s.

1014.04(1)(k), before administering any a student well-being, mental health, or health screening questionnaire or health screening form to a student in kindergarten through grade 12 3, the school district must provide the questionnaire or health screening form to the parent, either electronically or in paper form, and notify the parent of the date or time period when the questionnaire or form will be administered.

The school district must give the parent an opportunity to opt his or her student out of participation and obtain the permission of the parent.

7.

Each school district shall adopt procedures for a parent to notify the principal, or his or her designee, regarding concerns under this paragraph at his or her student's school and the process for resolving those concerns within 7 calendar days after notification by the parent.

a.

At a minimum, the procedures must require that within 30 days after notification by the parent that the concern remains unresolved, the school district must either resolve the concern or provide a statement of the reasons for not resolving the concern.

b.

If a concern is not resolved by the school district, a parent may:

(I) Request the Commissioner of Education to appoint a special magistrate who is a member of The Florida Bar in good Page 12 of 18 CODING:

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hb1505-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1505 2025 standing and who has at least 5 years' experience in administrative law.

The special magistrate shall determine facts relating to the dispute over the school district procedure or practice, consider information provided by the school district, and render a recommended decision for resolution to the State Board of Education within 30 days after receipt of the request by the parent.

The State Board of Education must approve or reject the recommended decision at its next regularly scheduled meeting that is more than 7 calendar days and no more than 30 days after the date the recommended decision is transmitted.

The costs of the special magistrate shall be borne by the school district.

The State Board of Education shall adopt rules, including forms, necessary to implement this subparagraph.

(II) Bring an action against the school district to obtain a declaratory judgment that the school district procedure or practice violates this paragraph and seek injunctive relief.

A court may award damages and shall award reasonable attorney fees and court costs to a parent who receives declaratory or injunctive relief.

c.

Each school district shall adopt and post on its website policies to notify parents of the procedures required under this subparagraph.

d.

Nothing contained in this subparagraph shall be construed to abridge or alter rights of action or remedies in equity already existing under the common law or general law.

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hb1505-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1505 2025 Section 10.

Paragraphs (e), (f), and (h) of subsection (1) of section 1014.04, Florida Statutes, are amended, and paragraphs (k) and (l) are added to that subsection, to read:

The minor child has been maintained in an out-of-homeout of home placement by the Department of Children and Families and the department has thea minor child examined for injury, illness, and communicable diseases and to determine the need for immunization;

A parent cannot be located and another person is authorized by law to make the health care decisions as provided Pagein 14s. of 18 CODING:

743.0645;

or 5.

Circumstances exist which satisfy the requirements of Page 3 of 6 CODING:

hb1505-02-c2hb1505-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1505 2025 law for a parent's implied consent to medical care and treatment of the minor child as provided in s.

743.0645;383.50 otherwise prohibited by law.

5.

The minor is receiving emergency medical care under s.

743.064, involuntary services under s.

394.463 or s.

397.675, or immediate, onsite behavioral health crisis services under s.

394.495(7);

or 6.

Circumstances exist which satisfy the requirements of law for a parent's implied consent to medical care and treatment of the minor child as provided in s.

383.50.

7.

A court order provides otherwise prohibited by law.

The right to review,review inspect, and consent to any survey or questionnaire before such a survey or questionnaire is given to his or her minor childchild. which may reveal information concerning any of the following:

a.

Political affiliations or beliefs of the child or the child's family;

b.

Mental or psychological problems of the child or the Page 15 of 18 CODING:

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hb1505-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1505 2025 child's family;

c.

Sexual behavior or attitudes;

d.

Illegal, antisocial, self-incriminating, or demeaning behavior;

e.

Critical appraisals of any other individual with whom the child has a close family relationship;

f.

Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

g.

Religious practices, affiliations, or beliefs of the child or child's parent;

or h.

Income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program.

The right to know,grant atpermission for the timeresponses consentor isresults provided,of thesuch purposesurvey ofor thequestionnaire surveyto be shared or questionnaire,distributed, howupon thereceiving informationnotice willof bethe used,intended andrecipient, the extentpurpose toof whichthe informationsurvey willor bequestionnaire, sharedor andthe redisclosedspecified andinformation to whom.be shared.

ThisSection paragraph3. does not apply when a parent does not have the right to make health care decisions for his or her minor child pursuant to paragraph (e).

(l)Present Thesubsections right(3), to(4), consentand in(5) writingof tosection the1014.06, useFlorida ofStatutes, are redesignated as subsections (4), (5), and (6), respectively, a biofeedbacknew devicesubsection on(3) hisis oradded herto minorthat child.section, and subsections (1) and (2) of that section are amended, to read:

As1014.06 usedParental inconsent thisfor paragraph,health thecare termservices.— "biofeedback device" means an instrument or Page 164 of 186 CODING:

hb1505-02-c2hb1505-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1505 2025 a(1) sensorExcept used to measure bodily functions, such as heartotherwise rateprovided variability,for brainemergency waves,medical or breathing rate, outside of a health care facilityunder ors. provider's office, for the purpose of improving performance.

If743.064 theor parents. consents to the use of the device, all results must be provided to the parent and must otherwise be held as a confidential medical record.

Section1014.04(1)(e) 11.or by court order law, a health care practitioner, as defined in s.

Subsections (1) and (2) of section 1014.06, Florida Statutes, are amended to read:

1014.06 Parental consent for health care services.— (1) Except as otherwise provided in s.

1014.04(1)(e) or by a court order law, a health care practitioner, as defined in s.

(2) Except as otherwise provided infor emergency medical care under s.

743.064 or s.

Section(3) 12.The use of a biofeedback device is a health care service for the purpose of this section.

ForThe theuse purpose of incorporatingsuch thea amendmentdevice madeon bya thisminor actchild towithout sectionfirst 1014.06,obtaining Floridaexpress Statutes,written inpermission afrom referencethe thereto,minor paragraphchild's (f)parent ofor subsectionguardian (3) of section 408.813, Florida Statutes, is reenactedprohibited. to read:

408.813As Administrativeused fines;in this subsection, the term "biofeedback device" means an instrument or a sensor used to measure bodily functions, such as heart rate variability, brain waves, or breathing rate, for the purpose of improving performance.

violations.—AsIf athe penaltyparent foror Pageguardian 17consents to the use of 18the CODING:device, all results must be provided to the parent or guardian and must otherwise be held as a confidential medical record.

Section 4.

For the purpose of incorporating the amendment made by this act to section 1014.06, Florida Statutes, in a Page 5 of 6 CODING:

hb1505-02-c2hb1505-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1505 2025 anyreference violationthereto, ofparagraph this(f) part,of authorizingsubsection statutes,(3) orof applicablesection rules,408.813, theFlorida agencyStatutes, mayis imposereenacted anto administrativeread: fine.

408.813 Administrative fines;

violations.—As a penalty for any violation of this part, authorizing statutes, or applicable rules, the agency may impose an administrative fine.

Section 13.5.

Section 14.6.

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