Rep. Wortz Introduces Bill to Protect Parents from Unwarranted Medical Neglect Accusations
House Bill 5163 would ensure that parents cannot be held guilty of child neglect if they are seeking an opinion from a second healthcare professional.
Lansing—Rep. Jennifer Wortz, R-Quincy, has introduced legislation that would protect parents’ right to seek a second medical opinion for their child without running the risk of being accused of medical neglect.
Under the current statute, a parent could be held liable for medical neglect if they do not follow the prescribed course of action initially advised by a healthcare provider, even if they’re actively seeking a second medical opinion.
HB 5163, also known as the “Child Protection Law,” aims to protect parents from such unsubstantiated accusations of medical neglect.
According to the legislation, “child neglect does not include when a parent, legal guardian, or other person responsible for the child’s health or welfare refused a recommended treatment plan for a child by a health professional because that parent…is actively seeking a second opinion.”
Rep. Wortz told the Hillsdalian that this is an issue in her district and others across the state of Michigan.
“I had two cases last winter where parents reached out to me,” Wortz said.
In each case, a parent had pursued a second medical opinion before putting their child through the intensive medical operations initially advised. Only with the help of attorneys and community pressure did Child Protective Services back off in each case.
“One parent had to hire legal counsel and pay $2,500, only then to have CPS drop the charges,” Wortz said about one of the mothers.
In both cases, the children were successfully treated.
“There were no issues at all,” she said. “And they’re threatening to remove the child.”
Wortz questioned why parents are permitted to make decisions about their own healthcare but are not allowed by the state to make decisions on behalf of their own children.
“As an adult, you can seek a second opinion, and no one charges you with a crime. Why, as a parent, are you not allowed to do so?”
She said the new legislation will ensure that “CPS can’t open an investigation on you just because you’re seeking a second opinion.”
In a press release, Wortz also wrote that “CPS agents or medical professionals shouldn’t be able to begin proceedings against parents just trying to get the facts straight and chart the best course or treatment for their children.”
“Doctors are not parents and often have financial bias in treatment recommendations,” she added.
HB 5163 was referred to the House Committee on Families and Veterans for consideration.
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