Pennsylvania SB 1038: An Act providing for parental presence during medical and dental examinations of minors; protecting the rights of parents; and imposing duties on health care providers and health care facilities.

Bill Text

PRINTER'S NO. 1219
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1038
Session of
2025
INTRODUCED BY MASTRIANO, STEFANO, KEEFER AND BAKER,
OCTOBER 7, 2025
REFERRED TO HEALTH AND HUMAN SERVICES, OCTOBER 7, 2025
AN ACT
Providing for parental presence during medical and dental
examinations of minors; protecting the rights of parents; and
imposing duties on health care providers and health care
facilities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the No Child Left
Alone and Protecting Parents' Rights Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Health of the Commonwealth.
"Emancipated minor." A minor who:
(1) is or has been married; or
(2) has been otherwise judicially emancipated, as
recognized under the laws of this Commonwealth.
"Examination or treatment room." As follows:
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(1) A designated space within a health care facility or
a health care provider's office in which a minor patient is
evaluated, diagnosed, treated or examined by a health care
provider.
(2) The term includes medical and dental operatories,
consultation rooms and procedure rooms.
(3) The term does not include waiting rooms,
administrative offices or other areas not used for the
delivery of health care services.
"Health care facility." A facility licensed under the act of
July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act. The term includes, but is not limited to, a
hospital, ambulatory surgical facility, birth center, long-term
care nursing facility, hospice, home health care agency,
ambulatory care center, rehabilitation facility or any other
entity that is required to be licensed by the department to
provide health care services to patients in this Commonwealth.
"Health care provider." An individual or entity that is
licensed, certified or otherwise authorized by the laws of this
Commonwealth to provide medical or dental care in the ordinary
course of business or practice of a profession. The term
includes, but is not limited to, a physician, physician
assistant, certified registered nurse practitioner, nurse,
dentist, dental hygienist, optometrist, podiatrist,
psychologist, professional counselor, social worker, physical
therapist, occupational therapist, pharmacist, midwife or any
other health care provider as defined under section 503 of the
act of March 20, 2002 (P.L.154, No.13), known as the Medical
Care Availability and Reduction of Error (Mcare) Act.
"Invasive procedure." A medical or dental procedure
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involving the:
(1) puncture, incision or entry into tissues, cavities
or organs; or
(2) insertion of instruments, foreign material or
devices into the body as specified by regulation of the
department.
"Minor." An individual under 18 years of age who has not
been emancipated under law.
"Parent." A biological parent, adoptive parent or legal
guardian with legal custody of a minor. The term includes an
individual authorized under a valid court order or other
documentation to act in loco parentis for the minor.
"Serious physical neglect." As defined in 23 Pa.C.S. §
6303(a) (relating to definitions).
Section 3. Parental presence.
(a) General rule.--A parent shall have the right to be
present in the examination or treatment room while a health care
provider delivers medical or dental services to the parent's
minor child. The choice of whether to exercise this right shall
rest solely with the parent.
(b) Condition of care.--
(1) A health care provider or health care facility may
not:
(i) refuse to examine or treat a minor solely
because the parent chooses to be present under subsection
(a); or
(ii) refuse to schedule, continue or provide future
treatment to the minor on the basis of the parent's
exercise of rights under this section.
(2) Nothing in this subsection shall require a health
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care provider to accept or continue care where denial is
pursuant to uniformly applied, written policies unrelated to
the parent's exercise of rights under this section.
(c) Exceptions.--The requirements of this section shall not
apply:
(1) When a minor is legally authorized under Federal or
State law to consent to health care services without parental
consent, including:
(i) voluntary inpatient and outpatient mental health
treatment under the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act;
(ii) medical and health services related to
pregnancy under the act of February 13, 1970 (P.L.19,
No.10), referred to as the Allowing Minors to Consent to
Medical Care Act;
(iii)