743 066 Minor Consent To Medical Treatment

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MINOR CONSENT TO MEDICAL TREATMENT
LAWS
Updated January 2013
This compilation includes state, District of Columbia, and territory statutes as of January 2013 regarding
minor consent laws to medical treatment. Please note there may have been changes to this area of law
since our last update. Please feel free to contact us at (703) 549-9222 for further discussion on updates to
the information included in this document.
Table of Contents
MINOR CONSENT CHART ......................................................................................................................... 8
ALABAMA ...................................................................................................................................................11
ALA. CODE § 22-8-4 (2012). WHEN MINOR MAY GIVE CONSENT GENERALLY. ..........................................11
ALA. CODE § 22-8-5 (2012). CONSENT OF MINOR FOR SELF AND CHILD. .....................................11
ALA. CODE § 22-8-6 (2012). CONSENT OF ANY MINOR AS TO PREGNANCY, VENEREAL DISEASE, DRUG
DEPENDENCY, ALCOHOL TOXICITY AND REPORTABLE DISEASES. ...............................................................11
ALA. CODE § 22-8-9 (2012). CONSENT OF MINOR TO DONATION OF BONE MARROW; CONSENT BY PARENT
OR LEGAL GUARDIAN. ................................................................................................................................11
ALA. CODE § 22-11A-19 (2012). MINOR 12 YEARS OR OLDER MAY CONSENT TO MEDICAL TREATMENT
FOR SEXUALLY TRANSMITTED DISEASE; MEDICAL CARE PROVIDER MAY INFORM PARENT OR GUARDIAN. .11
ALA. CODE § 26-21-3 (2012). WRITTEN CONSENT OF PARENT OR GUARDIAN TO PERFORMING ABORTION
ON UNEMANCIPATED MINOR; WRITTEN NOTICE TO MINOR'S MOTHER WHERE PREGNANCY CAUSED BY
NATURAL FATHER; WRITTEN STATEMENT WHERE ABORTION TO BE PERFORMED ON EMANCIPATED MINOR;
WAIVER OF CONSENT REQUIREMENT..........................................................................................................12
ALA. CODE § 26-21-4 (2012). PROCEDURE FOR WAIVER OF CONSENT REQUIREMENT -- NOTICE TO
PARENTS OR GUARDIAN PROHIBITED; PARTICIPATION IN PROCEEDINGS; RIGHT TO COUNSEL; HEARSAY
EVIDENCE; ASSISTANCE IN PREPARING PETITION; CONFIDENTIALITY; CONTENTS OF PETITION; PRECEDENCE
OF PROCEEDING; TIME FOR COURT'S DECISION; FINDINGS AND CONCLUSIONS; APPEAL; NO FEES OR COSTS.
..................................................................................................................................................................13
ALASKA .......................................................................................................................................................15
ALASKA STAT. § 25.20.025 (2012). EXAMINATION AND TREATMENT OF MINORS ....................................15
ALASKA STAT. § 18.16.020. NOTICE OR CONSENT REQUIRED BEFORE MINOR'S ABORTION .......................15
ARIZONA .....................................................................................................................................................17
ARIZ. REV. STAT. § 12-2454 (2012). EFFECT OF EMANCIPATION...............................................................17
ARIZ. REV. STAT. § 13-1413 (2012). CAPACITY OF MINOR SEXUAL ASSAULT VICTIM TO CONSENT TO
MEDICAL EXAMINATION ............................................................................................................................18
ARIZ. REV. STAT. § 36-2152. PARENTAL CONSENT; EXCEPTION; HEARINGS; TIME LIMITS; VIOLATION;
CLASSIFICATION; CIVIL RELIEF; STATUTE OF LIMITATIONS ........................................................................19
ARKANSAS .................................................................................................................................................22
ARK. CODE ANN. § 20-9-602 (2012). CONSENT GENERALLY ....................................................................22
ARK. CODE ANN. §20-16-508 (2012). CONSENT BY MINOR ......................................................................23
CALIFORNIA ...............................................................................................................................................24
CAL. FAM. CODE § 6920 (2012). CAPACITY OF MINOR TO CONSENT .........................................................24
CAL. FAM. CODE § 6921 (2012). EFFECT OF MINORITY UPON CONSENT ....................................................24
2
CAL. FAM. CODE § § 6922 (2012). CONDITIONS FOR CONSENT OF MINOR; LIABILITY OF PARENTS OR
GUARDIANS; NOTIFICATION OF MINOR'S PARENTS OR GUARDIANS .............................................................24
CAL. FAM. CODE § 6924 (2012). MENTAL HEALTH TREATMENT OR COUNSELING SERVICES; INVOLVEMENT
OF PARENTS OR GUARDIANS; LIABILITY OF PARENTS OR GUARDIANS ........................................................25
CAL. FAM. CODE § 6925 (2012). PREVENTION OR TREATMENT OF PREGNANCY ........................................27
CAL. FAM. CODE § 6926 (2012). DIAGNOSIS OR TREATMENT OF INFECTIOUS, CONTAGIOUS, OR
COMMUNICABLE DISEASES; CONSENT BY MINOR TO CERTAIN MEDICAL CARE; LIABILITY OF PARENTS OR
GUARDIANS ...............................................................................................................................................28
CAL. FAM. CODE § 6927 (2012). DIAGNOSIS OR TREATMENT FOR RAPE ....................................................28
CAL. FAM. CODE § 6928 (2012). DIAGNOSIS OR TREATMENT FOR SEXUAL ASSAULT ................................28
CAL. FAM. CODE § 6929 (2012). DIAGNOSIS OR TREATMENT OF DRUG AND ALCOHOL ABUSE; LIABILITY
FOR COST OF SERVICES; DISCLOSURE OF MEDICAL INFORMATION ..............................................................28
CAL. FAM. CODE § 6950 (2012). CONSENT OF COURT; CONDITIONS..........................................................30
COLORADO .................................................................................................................................................30
COLO. REV. STAT. § 13-22-101(2012). COMPETENCE OF PERSONS EIGHTEEN YEARS OF AGE OR OLDER ...30
COLO. REV. STAT. § 13-22-102 (2012). MINORS--CONSENT FOR MEDICAL CARE AND TREATMENT FOR
ADDICTION TO OR USE OF DRUGS ...............................................................................................................31
COLO. REV. STAT. § 13-22-103 (2012). MINORSCONSENT FOR MEDICAL, DENTAL, AND RELATED CARE.
..................................................................................................................................................................31
COLO. REV. STAT. §13-22-103.5 (2012). MINORS--CONSENT FOR MEDICAL CARE--PREGNANCY ..............32
COLO. REV. STAT. §13-22-104 (2012). TRANSPLANTS AND TRANSFUSIONS GENERALLY--DECLARATION OF
POLICY--LIMIT ON LIABILITY OF MINORS ...................................................................................................32
COLO. REV. STAT. §13-22-105 (2012). MINORS--BIRTH CONTROL SERVICES RENDERED BY PHYSICIANS .33
COLO. REV. STAT. §13-22-106 (2012). MINORS--CONSENT--SEXUAL OFFENSE.........................................33
CONNECTICUT ...........................................................................................................................................34
CONN. GEN. STAT. § 19A-285 (2012). CONSENT BY MINOR TO MEDICAL, DENTAL, HEALTH OR HOSPITAL
SERVICES FOR CHILD ..................................................................................................................................34
DELAWARE.................................................................................................................................................34
DEL. CODE ANN. TIT. 13, § 707. CONSENT TO HEALTH CARE OF MINORS ..................................................34
DEL. CODE ANN. TIT. 13, § 709 (2012). CONSENT OF A MINOR TO DONATE BLOOD VOLUNTARILY WITHOUT
THE NECESSITY OF OBTAINING PARENTAL PERMISSION OR AUTHORIZATION..............................................36
DEL. CODE ANN. TIT. 13, § 710 (2012). MINORS' CONSENT TO DIAGNOSTIC AND LAWFUL THERAPEUTIC
PROCEDURES RELATING TO CARE AND TREATMENT FOR PREGNANCY OR CONTAGIOUS DISEASES .............36
DISTRICT OF COLUMBIA .........................................................................................................................37
D.C. CODE ANN. § 4-1341.01 (2012). DEFINITIONS ..................................................................................37
FLORIDA ......................................................................................................................................................38
FLA. STAT. ANN. § 743.015 (2012). DISABILITIES OF NONAGE; REMOVAL ................................................38
FLA. STAT. ANN. § 743.06 (2012). REMOVAL OF DISABILITIES OF MINORS; DONATION OF BLOOD WITHOUT
PARENTAL CONSENT ..................................................................................................................................39
FLA. STAT. ANN. § 743.065 (2012). UNWED PREGNANT MINOR OR MINOR MOTHER; CONSENT TO MEDICAL
SERVICES FOR MINOR OR MINOR'S CHILD VALID ........................................................................................39
FLA. STAT. ANN. § 743.066 (2012). REMOVAL OF DISABILITY OF MINORS ADJUDICATED AS ADULTS .......39
GEORGIA .....................................................................................................................................................40
GA. CODE ANN. § 31-9-2 (2012). PERSONS WHO MAY CONSENT TO SURGICAL OR MEDICAL TREATMENT .40
GA. CODE ANN. § 37-7-8 (2012). CONSENT OF MINORS FOR TREATMENT OF DRUG ABUSE; DRUG
DEFINED; VALIDITY OF CONSENT; INFORMATION TO OTHER PERSONS ........................................................42
HAWAII ........................................................................................................................................................42
HAW. REV. STAT. ANN. § 577A-1 (2012). DEFINITIONS ............................................................................42
HAW. REV. STAT. ANN. § 577A-2 (2012). CONSENT VALID ......................................................................43
HAW. REV. STAT. ANN. § 577A-3 (2012). PROVIDING INFORMATION .......................................................43
HAW. REV. STAT. ANN. § 577A-4 (2012). FINANCIAL RESPONSIBILITY; COUNSELING .............................43
HAW. REV. STAT. ANN. § 577D-1 (2012). DEFINITIONS ............................................................................44
HAW. REV. STAT. ANN. § 577D-2 (2012). CONSENT TO PRIMARY MEDICAL CARE AND SERVICES.............44
IDAHO ..........................................................................................................................................................46
IDAHO CODE ANN. § 18-609A (2012). CONSENT REQUIRED FOR ABORTIONS FOR MINORS .......................46
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IDAHO CODE ANN. § 39-3801 (2012). INFECTIOUS, CONTAGIOUS, OR COMMUNICABLE DISEASE--MEDICAL
TREATMENT OF MINOR 14 YEARS OF AGE OR OLDER--CONSENT OF PARENTS OR GUARDIAN UNNECESSARY
..................................................................................................................................................................47
ILLINOIS ......................................................................................................................................................47
410 ILL. COMP. STAT. ANN. 210/1 (2012). CONSENT BY MINOR ................................................................47
410 ILL. COMP. STAT. ANN. 210/2 (2012). MEDICAL OR SURGERY PROCEDURE; CONSENT BY PARENT .....48
410 ILL. COMP. STAT. ANN. 210/3 (2012). SITUATIONS WHERE CONSENT NEED NOT BE OBTAINED ..........48
410 ILL. COMP. STAT. ANN. 210/4 (2012). SEXUALLY TRANSMITTED DISEASE; DRUG OR ALCOHOL ABUSE
..................................................................................................................................................................48
410 ILL. COMP. STAT. ANN. 210/5 (2012). COUNSELING; INFORMING PARENT OR GUARDIAN ...................49
INDIANA ......................................................................................................................................................50
IND. CODE ANN. § 16-36-1-3 (2012). CONSENT TO OWN HEALTH CARE; MINORS ......................................50
IOWA ............................................................................................................................................................51
IOWA CODE § 139A.35 (2012). MINORS ....................................................................................................51
IOWA CODE § 599.1 (2012). PERIOD OF MINORITY--EXCEPTION FOR CERTAIN INMATES ...........................51
IOWA CODE § 135L.1 (2012). DEFINITIONS ...............................................................................................51
IOWA CODE § 135L.3 (2012). NOTIFICATION OF PARENT PRIOR TO THE PERFORMANCE OF ABORTION ON A
PREGNANT MINOR--REQUIREMENTS--CRIMINAL PENALTY .........................................................................52
KANSAS .......................................................................................................................................................55
KAN. STAT. ANN. § 38-122 (2012). CONSENT BY PARENT FOR SURGERY AND OTHER PROCEDURES ON
CHILD ........................................................................................................................................................56
KAN. STAT. ANN. § 38-123 (2012). CONSENT FOR MEDICAL CARE OF UNMARRIED PREGNANT MINOR ......56
KAN. STAT. ANN. §38-123A (2012). DONATION OF BLOOD BY PERSONS OVER 16; COMPENSATION ..........56
KAN. STAT. ANN. § 38-123B (2012). CONSENT BY MINOR 16 OR OVER TO HOSPITAL, MEDICAL OR
SURGICAL TREATMENT OR PROCEDURES....................................................................................................56
LOUISIANA .................................................................................................................................................56
LA. REV. STAT. ANN. § 40:1095 (2012). MEDICAL TREATMENT ...............................................................56
LA. REV. STAT. ANN. § 40:1096(2012). TREATMENT FOR DRUG ABUSE ....................................................57
LA. REV. STAT. ANN. § 40:1097 (2012). DONATION OF BLOOD .................................................................58
LA. REV. STAT. ANN. § 40:1098.2 (2012). DEFINITIONS ...........................................................................58
LA. REV. STAT. ANN. § 40:1098.3 (2012). CONSENT REQUIREMENTS .......................................................59
LA. REV. STAT. ANN. § 40:1065.1 (2012). MINOR'S CONSENT FOR TREATMENT OF VENEREAL DISEASES .60
MAINE ..........................................................................................................................................................60
ME. REV. STAT. ANN. TIT. 22, § 1501 (2012). DEFINITIONS .................................................................60
ME. REV. STAT. ANN. TIT. 22, § 1502 (2012). CONSENT ...........................................................................61
ME. REV. STAT. ANN. TIT. 22, § 1502-A (2012). CONSENT TO GIVE BLOOD ..............................................61
ME. REV. STAT. ANN. TIT. 22, § 1503 (2012). AUTHORITY .................................................................61
ME. REV. STAT. ANN. TIT. 22, § 1505 (2012). CONFIDENTIALITY; NOTIFICATION .....................................61
ME. REV. STAT. ANN. TIT. 22, § 1507 (2012). CONSENT FOR SEXUAL ASSAULT FORENSIC EXAMINATION 62
ME. REV. STAT. ANN. TIT. 32, § 2595 (2012). TREATMENT OF MINORS .....................................................62
ME. REV. STAT. ANN. TIT. 32, § 3292 (2012). TREATMENT OF MINORS ....................................................62
ME. REV. STAT. ANN. TIT. 32, § 3817 (2012). SERVICES TO MINORS FOR DRUG ABUSE .............................62
ME. REV. STAT. ANN. TIT. 32, § 6221 (2012). TREATMENT OF MINORS .....................................................63
ME. REV. STAT. ANN. TIT. 32, § 7004 (2012). SERVICES TO MINORS FOR DRUG ABUSE .............................63
MARYLAND ................................................................................................................................................63
MD. CODE ANN., HEALTHGEN. § 20-102 (2012). CONSENT TO MEDICAL TREATMENT BY MINOR .........63
MASSACHUSETTS .....................................................................................................................................65
MASS. ANN. LAWS CH. 112, §12E (2012). DRUG DEPENDENT MINORS; CONSENT TO MEDICAL CARE;
LIABILITY FOR PAYMENT; RECORDS ...........................................................................................................65
MASS. ANN. LAWS CH. 112, § 12F (2012). EMERGENCY TREATEMENT OF MINORS ..................................65
MASS. ANN. LAWS CH. 112 § 12S (2012). CONSENT TO ABORTION; FORM; PERSONS LESS THAN EIGHTEEN
YEARS OF AGE ...........................................................................................................................................66
MICHIGAN...................................................................................................................................................68
MICH. COMP. LAWS SERV. § 333.6121 (2012). MINORS; CONSENT TO CARE AND TREATMENT;
DISCLOSURE; LIABILITY FOR SERVICES PROVIDED .....................................................................................68
MINNESOTA ...............................................................................................................................................68
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MINN. STAT. § 144.341 (2012). LIVING APART FROM PARENTS AND MANAGING FINANCIAL AFFAIRS .......68
MINN. STAT. § 144.342 (2012). MARRIAGE OR GIVING BIRTH, CONSENT FOR HEALTH SERVICE FOR SELF OR
CHILD ........................................................................................................................................................68
MINN. STAT. § 144.343 (2012). PREGNANCY, VENEREAL DISEASE, ALCOHOL OR DRUG ABUSE, ABORTION
..................................................................................................................................................................69
MINN. STAT. § 144.344 (2012). EMERGENCY TREATMENT ........................................................................71
MINN. STAT. § 144.3441 (2012). HEPATITIS B VACCINATION ...................................................................71
MINN. STAT. § 144.345 (2012). REPRESENTATIONS TO PERSONS RENDERING SERVICE .............................71
MINN. STAT. § 144.346 (2012). INFORMATION TO PARENTS ......................................................................71
MINN. STAT. § 144.347 (2012). FINANCIAL RESPONSIBILITY ....................................................................72
MISSISSIPPI .................................................................................................................................................72
MISS. CODE ANN. § 41-41-3 (2012). PERSONS AUTHORIZED TO CONSENT TO TREATMENT OF
UNEMANCIPATED MINORS ..........................................................................................................................72
MISSOURI ....................................................................................................................................................72
MO. REV. STAT. § 632.110 (2012). MINORS TO BE ACCEPTED FOR EVALUATION, WHEN, BY WHOM--MAY
THEN BE ADMITTED TO MENTAL HEALTH FACILITY--PARENT OR GUARDIAN TO CONSENT--PEACE OFFICER
MAY TRANSPORT TO FACILITY, WHEN ........................................................................................................73
MONTANA...................................................................................................................................................73
MONT. CODE ANN. § 41-1-401 (2012). DEFINITIONS ................................................................................73
MONT. CODE ANN. § 41-1-402 (2012). VALIDITY OF CONSENT OF MINOR FOR HEALTH SERVICES ............74
MONT. CODE ANN. § 41-1-403 (2012). RELEASE OF INFORMATION BY HEALTH PROFESSIONAL ...............75
MONT. CODE ANN. § 41-1-404(2012). FINANCIAL RESPONSIBILITY OF MINOR .........................................75
MONT. CODE ANN. § 41-1-405 (2012). EMERGENCIES AND SPECIAL SITUATIONS .....................................75
MONT. CODE ANN. § 41-1-406 (2012). PSYCHIATRIC OR PSYCHOLOGICAL COUNSELING UNDER URGENT
CIRCUMSTANCES .......................................................................................................................................76
MONT. CODE ANN. § 41-1-407 (2012). IMMUNITY AND RESPONSIBILITY OF PSYCHOLOGIST, PHYSICIAN, OR
HEALTH CARE FACILITY .............................................................................................................................76
MONT. CODE ANN. § 53-21-112 (2012). VOLUNTARY ADMISSION OF MINORS ..........................................77
NEBRASKA .................................................................................................................................................77
NEB. REV. STAT. ANN. § 71-504 (2012). SEXUALLY TRANSMITTED DISEASES; MINORS; TREATMENT
WITHOUT CONSENT OF PARENT; EXPENSES ................................................................................................77
NEVADA ......................................................................................................................................................78
NEV. REV. STAT. ANN. § 129.010 (2012). AGE OF MAJORITY ...................................................................78
NEV. REV. STAT. ANN. § 129.030 (2012). CONSENT FOR EXAMINATION AND TREATMENT .......................78
NEV. REV. STAT. ANN. § 129.050 (2012). ABUSE OF CONTROLLED SUBSTANCE: TREATMENT AUTHORIZED
WITHOUT CONSENT OF PARENT OR GUARDIAN UNDER CERTAIN CIRCUMSTANCES .....................................79
NEV. REV. STAT. ANN. § 129.060 (2012). SEXUALLY TRANSMITTED DISEASE: EXAMINATION OR
TREATMENT AUTHORIZED WITHOUT CONSENT OF PARENT OR GUARDIAN ..................................................80
NEW HAMPSHIRE ......................................................................................................................................80
N.H. REV. STAT. ANN. § 318-B:12-A (2012). TREATMENT FOR DRUG ABUSE. .........................................80
N.H. REV. STAT. ANN. § 141-C:18 (2012). SEXUALLY TRANSMITTED DISEASE. ......................................80
NEW JERSEY ...............................................................................................................................................81
N.J. STAT. ANN. § 9:17A-1 (2012). CONSENT BY MINOR TO PERFORMANCE OF MEDICAL OR SURGICAL
CARE AND PROCEDURE BY HOSPITAL OR LICENSED PHYSICIAN ..................................................................81
N.J. STAT. ANN. § 9:17A-1.3 (2012). DEFINITIONS ...................................................................................81
N.J. STAT. ANN. § 9:17A-1.4 (2012). UNEMANCIPATED MINORS; WRITTEN NOTICE TO PARENT ...............82
N.J. STAT. ANN. § 9:17A-1.7 (2012). WAIVER BY PETITION OR MOTION OF MINOR; CONFIDENTIAL
PROCEEDINGS ............................................................................................................................................83
N.J. STAT. ANN. § 9:17A-4 (2012). CONSENT BY MINOR TO MEDICAL CARE OR TREATMENT; VENEREAL
DISEASE, HIV/AIDS, SEXUAL ASSAULT, DRUG USE OR ALCOHOLISM; NOTICE AND REPORT OF TREATMENT;
CONFIDENTIALITY .....................................................................................................................................84
N.J. STAT. ANN. § 9:17A-6 (2012). CONSENT BY PERSON AGE 16 OR OVER FOR DONATION TO VOLUNTARY
AND NONCOMPENSATORY BLOOD PROGRAM .............................................................................................85
NEW MEXICO .............................................................................................................................................85
N.M. STAT. ANN. § 24-7A-6.2 (2012). CONSENT TO HEALTH CARE FOR CERTAIN MINORS FOURTEEN
YEARS OF AGE OR OLDER ...........................................................................................................................85
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N.M. STAT. ANN. § 32A-6A-14 (2012). CONSENT FOR SERVICES; CHILDREN UNDER FOURTEEN YEARS OF
AGE............................................................................................................................................................86
N.M. STAT. ANN. § 32A-6A-15 (2012). CONSENT FOR SERVICES; CHILDREN FOURTEEN YEARS OF AGE OR
OLDER .......................................................................................................................................................86
N.M. STAT. ANN. § 32A-6A-16 (2012). CONSENT FOR SERVICES; DETERMINATION OF CAPACITY FOR
CHILDREN FOURTEEN YEARS OF AGE OR OLDER .........................................................................................87
NEW YORK..................................................................................................................................................88
N.Y. PUB. HEALTH LAW § 2504 (2012). ENABLING CERTAIN PERSONS TO CONSENT FOR CERTAIN
MEDICAL, DENTAL, HEALTH AND HOSPITAL SERVICES ...............................................................................88
NORTH CAROLINA ....................................................................................................................................89
N.C. GEN. STAT. § 90-21.5 (2012). MINOR'S CONSENT SUFFICIENT FOR CERTAIN MEDICAL HEALTH
SERVICES ...................................................................................................................................................89
NORTH DAKOTA .......................................................................................................................................90
N.D. CENT. CODE § 14-10-17 (2012). MINORS--TREATMENT FOR SEXUALLY TRANSMITTED DISEASE--
DRUG ABUSE--ALCOHOLISM .....................................................................................................................90
N.D. CENT. CODE § 14-10-17.1 (2012). MINOR'S EMERGENCY CARE ........................................................90
N.D. CENT. CODE § 14-10-18.1 (2012). BLOOD DONATION--MINORS ......................................................90
N.D. CENT. CODE § 14-10-19 (2012). MINOR'S CONSENT FOR PRENATAL CARE AND OTHER PREGNANCY
CARE SERVICES ..........................................................................................................................................90
OHIO .............................................................................................................................................................91
OHIO REV. CODE ANN. § 2907.29 (2012). EMERGENCY MEDICAL SERVICES FOR VICTIMS; INFORMATION
TO BE GIVEN VICTIM; CONSENT OF MINOR .................................................................................................91
OHIO REV. CODE ANN. § 3709.241 (2012). CONSENT OF MINOR TO DIAGNOSIS AND TREATMENT OF
VENEREAL DISEASE ...................................................................................................................................92
OHIO REV. CODE ANN. § 3719.012 (2012). CONSENT OF MINOR TO DIAGNOSIS AND TREATMENT OF DRUG
RELATED CONDITIONS ...............................................................................................................................92
OHIO REV. CODE ANN. § 5120.172 (2012). IMPRISONED MINORS DEEMED EMANCIPATED FOR PURPOSE OF
CONSENT TO MEDICAL TREATMENT ...........................................................................................................93
OHIO REV. CODE ANN. § 3701.242 (2012). INFORMED CONSENT TO HIV TEST; COUNSELING; ANONYMITY
..................................................................................................................................................................93
OKLAHOMA ................................................................................................................................................94
OKLA. STAT. ANN. TIT. 63, § 2601 (2012). DEFINITIONS ...........................................................................94
OKLA. STAT. ANN. TIT. 63, § 2602 (2012). RIGHT OF SELF-CONSENT UNDER CERTAIN CONDITIONS--
DOCTOR PATIENT PRIVILEGES ...................................................................................................................95
OKLA. STAT. ANN. TIT. 63, § 2603 (2012). PAYMENT FOR SERVICES .........................................................96
OKLA. STAT. ANN. TIT. 63, § 2604 (2012). SAFEGUARDS TO PROTECT MINOR ...........................................96
OKLA. STAT. ANN. TIT. 63, 2605 (2012). PROVIDING OF HEALTH CARE NOT MANDATORY ........................96
OKLA. STAT. ANN. TIT. 43A, § 5-502 (2012). DEFINITIONS .......................................................................96
OKLA. STAT. ANN. TIT. 43A, § 5-503 (2012). VOLUNTARY AND INVOLUNTARY ADMISSION FOR
TREATMENT .............................................................................................................................................101
OREGON ....................................................................................................................................................103
OR. REV. STAT. § 109.640 (2012). RIGHT TO CONSENT TO MEDICAL, DENTAL OR OPTOMETRY TREATMENT
WITHOUT PARENTAL CONSENT; BIRTH CONTROL INFORMATION MAY BE PROVIDED TO ANY PERSON .......103
PENNSYLVANIA ......................................................................................................................................104
35 PA. CONS. STAT. ANN. § 10101 (2012). INDIVIDUAL CONSENT ..........................................................104
35 PA. CONS. STAT. ANN. § 10101.1 (2012). MENTAL HEALTH TREATMENT...........................................104
35 PA. CONS. STAT. ANN. § 10102 (2012). CONSENT FOR CHILDREN WITH MINOR PARENTS ...................107
35 PA. CONS. STAT. ANN. § 10103 (2012). PREGNANCY, VENEREAL DISEASE AND OTHER REPORTABLE
DISEASES .................................................................................................................................................107
35 PA. CONS. STAT. ANN. § 10105 (2012). LIABILITY FOR RENDERING SERVICES ...................................107
RHODE ISLAND ........................................................................................................................................107
R.I. GEN. LAWS §23-4.5-1 (2012). BLOOD DONATIONS BY MINORS ........................................................107
R.I. GEN. LAWS § 23-4.6-1 (2012). CONSENT TO MEDICAL AND SURGICAL CARE ....................................108
R.I. GEN. LAWS § 23-4.7-6 (2012). MINORS--PARENTAL CONSENT--JUDICIAL PROCEEDINGS .................108
R.I. GEN. LAWS § 14-5-3 (2012). TREATMENT OF MINORS--CHEMICAL ABUSE .......................................108
SOUTH DAKOTA ......................................................................................................................................108
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S.D. CODIFIED LAWS § 20-9-4.2 (2012). PHYSICIAN TREATING MINOR WITHOUT CONSENT OF PARENT OR
GUARDIAN--IMMUNITY FROM LIABILITY--TREATMENTS EXCEPTED ........................................................109
S.D. CODIFIED LAWS § 27A-15-5 (2012). CRITERIA FOR ADMISSION OF MINOR ......................................109
S.D. CODIFIED LAWS § 26-2-7 (2012). BLOOD DONATIONS BY MINORS ..................................................110
S.D. CODIFIED LAWS § 34-23-16 (2012). MINOR'S CONSENT TO TREATMENT BY PHYSICIAN VALID--
PROPHYLACTIC TREATMENT--DISAFFIRMANCE PROHIBITED ...................................................................110
S.D. CODIFIED LAWS § 34-23-18 (2012). IMMUNITY OF AGENCIES TREATING MINORS--LIABILITY FOR
NEGLIGENCE ............................................................................................................................................110
S.D. CODIFIED LAWS § 34-23A-7 (2012). FORTY-EIGHT HOUR NOTICE TO PARENT OR GUARDIAN FOR
MINOR OR INCOMPETENT FEMALE--DELIVERY OF NOTICE--EXCEPTIONS .................................................110
TENNESSEE...............................................................................................................................................112
TENN. CODE ANN. § 63-6-220 (2012). TREATMENT OF JUVENILES; DRUG ABUSERS ................................112
TENN. CODE ANN. § 63-6-222 (2012). TREATMENT OF JUVENILES; EMERGENCY TREATMENT ................112
TENN. CODE ANN. § 63-6-223 (2012). TREATMENT OF JUVENILES; PRENATAL CARE ..............................112
TENN. CODE ANN. § 63-6-229 (2012). CONSENT TO SURGICAL OR MEDICAL TREATMENT BY MINOR ......112
TENN. CODE ANN. § 68-34-107 (2012). CHILDREN AND MINORS ............................................................112
TENN. CODE ANN. § 37-10-303 (2012). CONSENT OF PARENTS OR LEGAL GUARDIAN; WAIVER ..............113
TEXAS ........................................................................................................................................................113
TEX. FAM. CODE ANN. § 32.003 (2012). CONSENT TO TREATMENT BY CHILD .......................................113
UTAH ..........................................................................................................................................................115
UTAH CODE ANN. § 26-6-18 (2012). VENEREAL DISEASE--CONSENT OF MINOR TO TREATMENT ...........115
UTAH CODE ANN. § 26-10-9 (2012). IMMUNIZATIONS--CONSENT OF MINOR TO TREATMENT .................115
UTAH CODE ANN. § 62A-15-301 (2012). COMMITMENT OF MINOR TO SECURE DRUG OR ALCOHOL
FACILITY OR PROGRAM--PROCEDURES--REVIEW .....................................................................................117
UTAH CODE ANN. § 76-7-304 (2012). CONSIDERATIONS BY PHYSICIAN--NOTICE TO A PARENT OR
GUARDIAN--EXCEPTIONS .........................................................................................................................118
VERMONT .................................................................................................................................................120
VT. STAT. ANN. TIT. 18, § 4226 (2012). MINORS; TREATMENT; CONSENT ...............................................120
VT. STAT. ANN. TIT. 18, § 7503 (2012). APPLICATION FOR VOLUNTARY ADMISSION ..............................120
VIRGINIA ...................................................................................................................................................121
VA. CODE ANN. § 54.1-2969 (2012). AUTHORITY TO CONSENT TO SURGICAL AND MEDICAL TREATMENT
OF CERTAIN MINORS ................................................................................................................................121
WASHINGTON ..........................................................................................................................................123
WASH. REV. CODE ANN. § 70.24.110 (2012). MINORS--TREATMENT, CONSENT, LIABILITY FOR PAYMENT
FOR CARE .................................................................................................................................................123
WASH. REV. CODE ANN. § 70.96A.235 (2012). MINOR--PARENTAL CONSENT FOR INPATIENT TREATMENT-
-EXCEPTION .............................................................................................................................................124
WASH. REV. CODE ANN. § 70.96A.240 (2012). MINOR--PARENT NOT LIABLE FOR PAYMENT UNLESS
CONSENTED TO TREATMENT--NO RIGHT TO PUBLIC FUNDS......................................................................124
WASH. REV. CODE ANN. § 70.96A.265 (2012). MINOR--ELIGIBILITY FOR MEDICAL ASSISTANCE UNDER
CHAPTER 74.09 RCW--PAYMENT BY DEPARTMENT ................................................................................124
WASH. REV. CODE ANN. § 71.34.500 (2012). MINOR THIRTEEN OR OLDER MAY BE ADMITTED FOR
INPATIENT MENTAL TREATMENT WITHOUT PARENTAL CONSENT--PROFESSIONAL PERSON IN CHARGE MUST
CONCUR--WRITTEN RENEWAL OF CONSENT REQUIRED ............................................................................124
WASH. REV. CODE ANN. § 71.34.520 (2012). MINOR VOLUNTARILY ADMITTED MAY GIVE NOTICE TO
LEAVE AT ANY TIME ................................................................................................................................125
WEST VIRGINIA .......................................................................................................................................125
W. VA. CODE ANN. § 16-4-10 (2012). MINORS. ......................................................................................125
WISCONSIN ...............................................................................................................................................125
WIS. STAT. ANN. § 51.13 (2012). ADMISSION OF MINORS .......................................................................126
WIS. STAT. ANN. § 51.45 (2012). PREVENTION AND CONTROL OF ALCOHOLISM .....................................133
WIS. STAT. ANN. §146.34 (2012). DONATION OF BONE MARROW BY A MINOR........................................150
WIS. STAT. ANN. § 48.375 (2012). PARENTAL CONSENT REQUIRED PRIOR TO ABORTION; JUDICIAL WAIVER
PROCEDURE .............................................................................................................................................154
WYOMING .................................................................................................................................................161
WYO. STAT. ANN. § 14-1-101 (2012). AGE OF MAJORITY; RIGHTS ON EMANCIPATION ...........................161
7
AMERICAN TERRITORIES .....................................................................................................................162
AMERICAN SAMOA ................................................................................................................................162
AM. SAMOA CODE ANN. § 45.0103 (2012). DEFINITIONS........................................................................162
GUAM .........................................................................................................................................................162
GUAM CODE ANN. TIT. 19, § 1111 (2012). LEGAL CAPACITY OF MINOR REGARDING MEDICAL
CARE .....................................................................................................................................................162
PUERTO RICO ...........................................................................................................................................163
P.R. LAWS ANN. TIT. 8, § 444 (2012). DEFINITIONS ................................................................................163
VIRGIN ISLANDS .....................................................................................................................................163
V.I. CODE ANN. TIT. 5, § 2502 (2012). DEFINITIONS ...............................................................................164
8
MINOR CONSENT CHART
State
Contraceptives1
Sexually
Transmitted
Diseases2
Prenatal Care3
Medical Care
for Minor’s
Child
Abortion
Alabama
Require High
school
graduate/14 yrs.
Require minor
be 12 yrs.
X
X
Parental
Consent
Alaska
X
X
X
X
Parental Notice
Arizona
X
X
Parental
Consent
Arkansas
X
X*
X
X
Parental
Consent
California
X
Require minor
be 12 yrs.
X
(Parental
Consent)
Colorado
X
X
X
X
Parental Notice
Connecticut
Married minors
X
X
X
Delaware
Require minor
be 12 yrs.*
Require minor
be 12 yrs.*
Require minor
be 12 yrs.*
X
Parental Notice4
Dist. of
Columbia
X
X
X
X
X
Florida
Require health
problem/married
/pregnant or
may become
pregnant
X
X
X
Parental Notice
Georgia
X
X*
X
X
Parental Notice
Hawaii
Require minor
be 14 yrs.*
Require minor
be 14 yrs.*
Require minor
be 14 yrs.*
Idaho
X
X
X 5
X
Parental
Consent
Illinois
Require health
problem/married
/pregnant or
may become
pregnant
Require minor
be 12 yrs.*
X6
X
Parental Notice
Indiana
Married minors
X
Parental
Consent
Iowa
X
X
Parental Notice
Kansas
Mature Minor
X*
Mature Minor
X
Parental
Consent
Kentucky
X*
X*
X*
X
Parental
Consent
Louisiana
Married minor
X*
X
Parental
Consent
Maine
Health
problems/marrie
X*
X
1
21 states and DC allow minors to consent to contraceptives; 25 states permit minors to consent to
contraceptives in certain circumstances; 4 states have not enacted a statute regarding this issue; Guam
allows minors to consent to contraceptives.
2
All 50 States, DC and Guam permit minors consent to STI services; however 11 states specifically require
the minor be a certain age.
3
37 States, DC and Guam have enacted a statute regarding minor’s ability to access prenatal care.
4
Applies to women younger than 16.
5
State allow minor to consent to general medical care (not specifically prenatal care).
6
State allow minor to consent to general medical care (not specifically prenatal care).
9
d
Maryland
X*
X*
X*
Parental Notice
Massachusetts
X
X
X7
Parental
Consent
Michigan
Married
X*
X*
Parental
Consent
Minnesota
X*
X*
X*
Parental Notice
Mississippi
Married minor
X
X
Parental
Consent
Missouri
Married minor
X*
X*
Parental
Consent
Montana
X*
X*
X*
Parental Notice
Nebraska
Married minor
X
Parental
Consent
Nevada
Married minor
X
Mature/married
minor8
Parental Notice
New Hampshire
Mature minor
Require minor
be 14 yrs.
Mature Minor9
Parental Notice
New Jersey
Married/
Pregnant or may
become
pregnant
X*
X*
Parental Notice
New Mexico
X
X
X
Parental
Consent
New York
X
X
X
North Carolina
X
X
X
Parental
Consent
North Dakota
Require minor
be 14 yrs. *
A minor may
consent to
prenatal care
during the 1st
trimester and for
the first visit
after the 1st
trimester.
Parental consent
is required for
X other visits
during the 2nd
and 3rd
trimesters *
Parental
Consent
Ohio
X
Parental
Consent
Oklahoma
Married/
Pregnant or may
become
pregnant
X*
X*
Parental
Consent and
Notice
Oregon
X*
X
Requires minor
to be 15 yrs.*
Pennsylvania
Require High
School or 14
yrs.
X
X
Parental
Consent
Rhode Island
X
Parental
Consent
South Carolina
Married/
X (Applies to
Applies to
Parental
7
Parent must be notified if minor’s life or health is at risk.
8
State allow minor to consent to general medical care (not specifically prenatal care).
9
State allow minor to consent to general medical care (not specifically prenatal care.
10
16yrs/Mature
minor
mature minors
15 and younger
and to X minors
16 and older.)
mature minors
15 and younger
and to X minors
16 and older.
Consent
(Applies only to
those younger
than 17)
South Dakota
Married minor
X
Parental Notice
Tennessee
X
X
X
Parental
Consent
Texas
Married minor
X*
X*
Parental
Consent and
Notice
Utah
Married minor
X
X
Parental
Consent and
Notice
Vermont
Married minor
Require minor
be 12 yrs.
Virginia
X
X
X
Parental
Consent and
Notice
Washington
X
Require minor
be 14 yrs.
X
West Virginia
Married minor
X
Mature minor
Parental Notice
Wisconsin
X
Parental
Consent
Wyoming
X
X
Parental
Consent and
Notice
American
Samoa
Guam
X
X
Puerto Rico
X
Virgin Islands
X
X
X
Note:
* Physicians may, but are not required to, inform the minor’s parents.
11
ALABAMA
ALA. CODE § 22-8-4 (2012). WHEN MINOR MAY GIVE CONSENT GENERALLY.
Any minor who is 14 years of age or older, or has graduated from high school, or is
married, or having been married is divorced or is pregnant may give effective consent to
any legally authorized medical, dental, health or mental health services for himself or
herself, and the consent of no other person shall be necessary.
ALA. CODE § 22-8-5 (2012). CONSENT OF MINOR FOR SELF AND CHILD.
Any minor who is married, or having been married is divorced or has borne a child may
give effective consent to any legally authorized medical, dental, health or mental health
services for himself or his child or for herself or her child.
ALA. CODE § 22-8-6 (2012). CONSENT OF ANY MINOR AS TO PREGNANCY, VENEREAL
DISEASE, DRUG DEPENDENCY, ALCOHOL TOXICITY AND REPORTABLE DISEASES.
Any minor may give effective consent for any legally authorized medical, health or
mental health services to determine the presence of, or to treat, pregnancy, venereal
disease, drug dependency, alcohol toxicity or any reportable disease, and the consent of
no other person shall be deemed necessary.
ALA. CODE § 22-8-9 (2012). CONSENT OF MINOR TO DONATION OF BONE MARROW;
CONSENT BY PARENT OR LEGAL GUARDIAN.
Any minor who is 14 years of age or older, or has graduated from high school, or is
married, or having been married is divorced or is pregnant, may give effective consent to
the donation of his or her bone marrow for the purpose of bone marrow transplantation. A
parent or legal guardian may consent to such bone marrow donation on behalf of any
other minor.
ALA. CODE § 22-11A-19 (2012). MINOR 12 YEARS OR OLDER MAY CONSENT TO
MEDICAL TREATMENT FOR SEXUALLY TRANSMITTED DISEASE; MEDICAL CARE
PROVIDER MAY INFORM PARENT OR GUARDIAN.
Notwithstanding any other provision of law, a minor 12 years of age or older who may
have come into contact with any sexually transmitted disease as designated by the State
Board of Health may give consent to the furnishing of medical care related to the
diagnosis or treatment of such disease, provided a duly licensed practitioner of medicine
in Alabama authorizes such diagnosis and treatment. The consent of the minor shall be as
valid and binding as if the minor had achieved his or her majority, as the case may be.
Such consent shall not be voidable nor subject to later disaffirmance because of minority.
The medical provider or facility of whatever description providing diagnostic procedures
or treatment to a minor patient who has come into contact with any designated sexually
12
transmitted disease, may, but shall not be obligated to, inform the parent, parents or
guardian of any such minor as to the treatment given or needed.
ALA. CODE § 26-21-3 (2012). WRITTEN CONSENT OF PARENT OR GUARDIAN TO
PERFORMING ABORTION ON UNEMANCIPATED MINOR; WRITTEN NOTICE TO MINOR'S
MOTHER WHERE PREGNANCY CAUSED BY NATURAL FATHER; WRITTEN STATEMENT
WHERE ABORTION TO BE PERFORMED ON EMANCIPATED MINOR; WAIVER OF CONSENT
REQUIREMENT.
(a) Except as otherwise provided in subsections (b) and (e) of this section and Sections
26-21-4 and 26-21-5 hereof, no person shall perform an abortion upon an unemancipated
minor unless he or she or his or her agent first obtains the written consent of either parent
or the legal guardian of the minor.
(b) If the minor's pregnancy was caused by sexual intercourse with the minor's natural
father, adoptive father, or stepfather or legal guardian, then written notice to the minor's
mother by certified mail shall be sufficient.
(c) The person who shall perform the abortion or his or her agent shall obtain or be
provided with the written consent from either parent or legal guardian stating the names
of the minor, parent, or legal guardian, that he or she is informed that the minor desires an
abortion and does consent to the abortion, the date, and shall be signed by either parent or
legal guardian. The unemancipated minor shall verify on the same form, by her signature
and in the presence of such person who shall perform the abortion or his or her agent, that
the signature of the parents, parent or legal guardian is authentic. The consent shall be
kept as a part of the minor's patient file for four years.
(d) If the minor is emancipated, the person who shall perform the abortion or his or her
agent shall obtain a written statement stating the name of the emancipated minor, that the
minor is emancipated, the type of emancipation, the date, and shall be signed by the
minor. The written statement shall be signed in the presence of the person who shall
perform the abortion or his or her agent and witnessed by him or her or the agent. The
emancipated minor shall also provide a license or certificate of marriage, judgment, or
decree of divorce, order of emancipation or relieving her of the disabilities of nonage, or
other court document evidencing her marriage, divorce, or emancipation. A copy of any
such document shall be attached to the written statement and kept as a part of the minor's
patient file for four years.
(e) A minor who elects not to seek or does not or cannot for any reason, including
unavailability or refusal by either or both parents or legal guardian, obtain consent from
either of her parents or legal guardian under this section, may petition, on her own behalf,
the juvenile court, or court of equal standing, in the county in which the minor resides or
in the county in which the abortion is to be performed for a waiver of the consent
requirement of this section pursuant to the procedure of Section 26-21-4.
13
ALA. CODE § 26-21-4 (2012). PROCEDURE FOR WAIVER OF CONSENT REQUIREMENT --
NOTICE TO PARENTS OR GUARDIAN PROHIBITED; PARTICIPATION IN PROCEEDINGS;
RIGHT TO COUNSEL; HEARSAY EVIDENCE; ASSISTANCE IN PREPARING PETITION;
CONFIDENTIALITY; CONTENTS OF PETITION; PRECEDENCE OF PROCEEDING; TIME FOR
COURT'S DECISION; FINDINGS AND CONCLUSIONS; APPEAL; NO FEES OR COSTS.
(a) A minor who elects not to seek or does not or cannot for any reason, obtain consent
from either of her parents or legal guardian, may petition, on her own behalf, the juvenile
court, or the court of equal standing, in the county in which the minor resides or in the
county in which the abortion is to be performed for a waiver of the consent requirement
of this chapter. Notice by the court to the minor's parents, parent, or legal guardian shall
not be required or permitted. The requirements and procedures under this chapter shall
apply and are available to minors whether or not they are residents of this state.
(b) The minor may participate in proceedings in the court on her own behalf. The court
shall advise her that she has a right to be represented by an attorney and that if she is
unable to pay for the services of an attorney one will be appointed for her. If the court
appoints an attorney to represent her, such attorney shall be compensated as provided in
Section 15-12-21. If the minor petitioner chooses to represent herself, such pleadings,
documents, or evidence that she may file with the court shall be liberally construed by the
court so as to do substantial justice. Hearsay evidence shall be admissible.
(c) The court shall insure that the minor is given assistance in preparing and filing the
petition and shall insure that the minor's identity is kept confidential. Such assistance may
be provided by court personnel including intake personnel of juvenile probation services.
(d) The petition required in Section 26-21-3(e) shall be made under oath and shall include
all of the following:
(1) A statement that the petitioner is pregnant;
(2) A statement that the petitioner is unmarried, under 18 years of age, and
unemancipated;
(3) A statement that the petitioner wishes to have an abortion without the consent
of either parent or legal guardian.
(4) An allegation of either or both of the following:
a. That the petitioner is sufficiently mature and well enough informed to
intelligently decide whether to have an abortion without the consent of
either of her parents or legal guardian.
b. That one or both of her parents or her guardian has engaged in a pattern
of physical, sexual, or emotional abuse against her, or that the consent of
her parents, parent or legal guardian otherwise is not in her best interest.
14
(5) A statement as to whether the petitioner has retained an attorney and the name,
address, and telephone number of her attorney.
(e) Court proceedings shall be given such precedence over other pending matters as is
necessary to insure that the court may reach a decision promptly, but in no case, except as
provided herein, shall the court fail to rule within 72 hours of the time the petition is
filed, Saturdays, Sundays, and legal holidays excluded. Provided, however, this time
requirement may be extended on the request of the minor. If a juvenile court judge is not
available for the hearing provided herein, the clerk of the court in which the petition was
filed shall forthwith notify the presiding circuit court judge and the presiding circuit court
judge of the circuit shall immediately appoint a district or circuit court level judge to hear
the petition.
(f) The required consent shall be waived if the court finds either:
(1) That the minor is mature and well-informed enough to make the abortion
decision on her own; or
(2) That performance of the abortion would be in the best interest of the minor.
(g) A court that conducts proceedings under this section shall issue written and specific
factual findings and legal conclusions supporting its decision and shall order that a
confidential record of the evidence be maintained for at least four years. A transcript of
the proceedings shall be recorded and if there is an appeal as provided in subsection (h), a
transcript of the proceedings shall be prepared forthwith.
(h) An expedited confidential and anonymous appeal shall be available to any minor to
whom the court denies a waiver of consent. If notice of appeal is given, the record of
appeal shall be completed and the appeal shall be perfected within five days from the
filing of the notice of appeal. Briefs shall not be required but may be permitted. Because
time may be of the essence regarding the performance of the abortion, the Alabama
Supreme Court shall issue promptly such additional rules as it deems are necessary to
insure that appeals under this section are handled in an expeditious, confidential and
anonymous manner.
(i) All proceedings under this chapter shall be confidential and anonymous. In all
pleadings or court documents, the minor shall be identified by initials only.
(j) No fees or costs shall be required of any minor who avails herself of the procedures
provided by this section.
15
ALASKA
ALASKA STAT. § 25.20.025 (2012). EXAMINATION AND TREATMENT OF MINORS
(a) Except as prohibited under AS 18.16.010(a)(3),
(1) a minor who is living apart from the minor’s parents or legal guardian and
who is managing the minor’s own financial affairs, regardless of the source or
extent of income, may give consent for medical and dental services for the minor;
(2) a minor may give consent for medical and dental services if the parent or legal
guardian of the minor cannot be contacted or, if contacted, is unwilling either to
grant or withhold consent; however, where the parent or legal guardian cannot be
contacted or, if contacted, is unwilling either to grant or to withhold consent, the
provider of medical or dental services shall counsel the minor keeping in mind not
only the valid interests of the minor but also the valid interests of the parent or
guardian and the family unit as best the provider presumes them;
(3) a minor who is the parent of a child may give consent to medical and dental
services for the minor or the child;
(4) a minor may give consent for diagnosis, prevention or treatment of pregnancy,
and for diagnosis and treatment of venereal disease;
(5) the parent or guardian of the minor is relieved of all financial obligation to the
provider of the service under this section.
(b) The consent of a minor who represents that the minor may give consent under this
section is considered valid if the person rendering the medical or dental service relied in
good faith upon the representations of the minor.
(c) Nothing in this section may be construed to remove liability of the person performing
the examination or treatment for failure to meet the standards of care common throughout
the health professions in the state or for intentional misconduct.
ALASKA STAT. § 18.16.020. NOTICE OR CONSENT REQUIRED BEFORE MINOR'S
ABORTION
(a) A person may not knowingly perform or induce an abortion upon a minor who is
known to the person to be pregnant, unmarried, under 18 years of age, and
unemancipated unless, before the abortion, at least one of the following applies:
(1) either
16
(A) one of the minor's parents, the minor's legal guardian, or the minor’s
custodian has been given notice of the planned abortion not less than 48
hours before the abortion is performed, or
(B) the parent, legal guardian, or custodian has consented in writing to the
performance or inducement of the abortion; if a parent has consented to
the abortion the 48 hour waiting period referenced in (A) of this paragraph
does not apply;
(2) a court issues an order under AS 18.16.030 authorizing the minor to consent to
the abortion without notice or consent of a parent, guardian, or custodian, and the
minor consents to the abortion;
(3) a court, by its inaction under AS 18.16.030, constructively has authorized the
minor to consent to the abortion without notice and consent of a parent, guardian,
or custodian, and the minor consents to the abortion; or
(4) the minor is the victim of physical abuse, sexual abuse, or a pattern of
emotional abuse committed by one or both of the minor’s parents or by a legal
guardian or custodian of the minor and the abuse is documented by a declaration
of the abuse in a signed and notarized statement by
(A) the minor; and
(B) another person who has personal knowledge of the abuse who is
(i) the sibling of the minor who is 21 years of age or older;
(ii) a law enforcement officer;
(iii) a representative of the department of Health and Social
Services who has investigated the abuse;
(iv) a grandparent of the minor; or
(v) a stepparent of the minor.
(b) In (a)(1) of this section, actual notice must be given or attempted to be given in person
or by telephone by either the physician who has referred the minor for an abortion or by
the physician who intends to perform the abortion. An individual designated by the
physician may initiate the notification process, but the actual notice shall be given by the
physician. The physician giving notice of the abortion must document the notice or
attempted notice in the minor’s medical record and take reasonable steps to verify that the
person to whom the notice is provided is the parent, legal guardian, or custodian of the
minor seeking an abortion. Reasonable steps to provide notice must include
17
(1) if in person, requiring the person to show government-issued identification
along with additional documentation of the person’s relationship to the minor;
additional documentation may include the minor’s birth certificate or a court
order of adoption, guardianship, or custodianship;
(2) if by telephone, initiating the call, attempting to verify through a review of
published telephone directories that the number to be dialed is that of the minor’s
parent, legal guardian, or custodian, and asking questions of the person to verify
that the person’s relationship to the minor is that of parent, legal guardian, or
custodian; when notice is attempted by telephone but the physician or physician’s
designee is unsuccessful in reaching the parent, legal guardian, or custodian, the
physician’s designee shall continue to initiate the call, in not less than two-hour
increments, for not less than five attempts, in a 24-hour period.
(c) If actual notice is attempted unsuccessfully after reasonable steps have been taken as
described under (b) of this section, the referring physician or the physician intending to
perform an abortion on a minor may provide constructive notice to the minor’s parent,
legal guardian, or custodian. Constructive notice is considered to have been given 48
hours after the certified notice is mailed. In this subsection, “constructive notice” means
that notice of the abortion was provided in writing and mailed by certified mail, delivery
restricted to addressee only, to the last known address of the parent, legal guardian, or
custodian after taking reasonable steps to verify the mailing address.
(d) A physician who suspects or receives a report of abuse under this section shall report
the abuse as provided under AS 47.17.020.
(e) A physician who is informed that the pregnancy of a minor resulted from criminal
sexual assault of the minor must retain, and take reasonable steps to preserve, the
products of conception and evidence following the abortion for use by law enforcement
officials in prosecuting the crime.
ARIZONA
ARIZ. REV. STAT. § 12-2454 (2012). EFFECT OF EMANCIPATION
A. An emancipation order issued pursuant to this article recognizes the minor as an adult
for the following purposes:
1. The right to enter into a binding contract.
2. The ability to sue and be sued.
3. The right to buy and sell real property.
18
4. The right to establish a legal residence.
5. The obligation to pay child support.
6. The right to incur debts.
7. The right to access medical treatment and records.
8. The right to consent to medical, dental and psychiatric care without parental
consent, knowledge or liability.
9. The right to consent to medical, dental and psychiatric care for the emancipated
minor’s child.
10. Eligibility for social services.
11. The right to obtain a license to operate equipment or perform a service.
12. The right to apply for enrollment in any school or college.
13. The ability to apply for loans.
B. An emancipation order issued pursuant to this article terminates a parent's or legal
guardian's:
1. Right to the emancipated minor's income.
2. Future child support obligations relating to the emancipated minor.
3. Tort liability for the emancipated minor's actions.
4. Obligation to financially support the emancipated minor after the first day of
the month following entry of this order.
5. Obligation to provide medical support for the emancipated minor.
ARIZ. REV. STAT. § 13-1413 (2012). CAPACITY OF MINOR SEXUAL ASSAULT VICTIM TO
CONSENT TO MEDICAL EXAMINATION
Notwithstanding any other provision of the law, when it is not possible to contact the
parents or legal guardian within the short time span in which the examination should be
conducted a minor twelve years of age or older alleged to be the victim of a violation of §
13-1406 may give consent to hospital, medical and surgical examination, diagnosis and
care in connection with such violation. Such consent shall not be subject to incapacity
because of the victim's age. The consent of the parent, parents or legal guardian of such
minor shall not be necessary to authorize such hospital, medical and surgical
19
examination, diagnosis and care, and such parent, parents or legal guardian shall not be
liable for payment for any services rendered pursuant to this section.
ARIZ. REV. STAT. § 36-2152. PARENTAL CONSENT; EXCEPTION; HEARINGS; TIME
LIMITS; VIOLATION; CLASSIFICATION; CIVIL RELIEF; STATUTE OF LIMITATIONS
A. In addition to the other requirements of this chapter, a person shall not knowingly
perform an abortion on a pregnant unemancipated minor unless the attending physician
has secured the written and notarized consent from one of the minor's parents or the
minor's guardian or conservator or unless a judge of the superior court authorizes the
physician to perform the abortion pursuant to subsection B of this section.
Notwithstanding § 41-319, the notarized statement of parental consent and the description
of the document or notarial act recorded in the notary journal are confidential and are not
public records.
B. A judge of the superior court, on petition or motion, and after an appropriate hearing,
shall authorize a physician to perform the abortion if the judge determines that the
pregnant minor is mature and capable of giving informed consent to the proposed
abortion. If the judge determines that the pregnant minor is not mature or if the pregnant
minor does not claim to be mature, the judge shall determine whether the performance of
an abortion on her without the consent from one of her parents or her guardian or
conservator would be in her best interests and shall authorize a physician to perform the
abortion without consent if the judge concludes that the pregnant minor's best interests
would be served.
C. If the pregnant minor claims to be mature at a proceeding held pursuant to subsection
B of this section, the minor must prove by clear and convincing evidence that she is
sufficiently mature and capable of giving informed consent without consulting her parent
or legal guardian based on her experience level, perspective and judgment. In assessing
the pregnant minor's experience level, the court may consider, among other relevant
factors, the minor's age and experiences working outside the home, living away from
home, traveling on her own, handling personal finances and making other significant
decisions. In assessing the pregnant minor's perspective, the court may consider, among
other relevant factors, what steps the minor took to explore her options and the extent to
which she considered and weighed the potential consequences of each option. In
assessing the pregnant minor's judgment, the court may consider, among other relevant
factors, the minor's conduct since learning of her pregnancy and her intellectual ability to
understand her options and to make an informed decision.
D. The pregnant minor may participate in the court proceedings on her own behalf. The
court shall appoint a guardian ad litem for her. The court shall advise her that she has the
right to court appointed counsel and, on her request, shall provide her with counsel unless
she appears through private counsel or she knowingly and intelligently waives her right
to counsel.
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E. Proceedings in the court under this section are confidential and have precedence over
other pending matters. Members of the public shall not inspect, obtain copies of or
otherwise have access to records of court proceedings under this section unless
authorized by law. A judge who conducts proceedings under this section shall make in
writing specific factual findings and legal conclusions supporting the decision and shall
order a confidential record of the evidence to be maintained, including the judge's own
findings and conclusions. The minor may file the petition using a fictitious name. For
purposes of this subsection, public does not include judges, clerks, administrators,
professionals or other persons employed by or working under the supervision of the court
or employees of other public agencies who are authorized by state or federal rule or law
to inspect and copy closed court records.
F. The court shall hold the hearing and shall issue a ruling within forty-eight hours,
excluding weekends and holidays, after the petition is filed. If the court fails to issue a
ruling within this time period, the petition is deemed to have been granted and the
consent requirement is waived.
G. An expedited confidential appeal is available to a pregnant minor for whom the court
denies an order authorizing an abortion without parental consent. The appellate court
shall hold the hearing and issue a ruling within forty-eight hours, excluding weekends
and holidays, after the petition for appellate review is filed. Filing fees are not required of
the pregnant minor at either the trial or the appellate level.
H. Parental consent or judicial authorization is not required under this section if either:
1. The pregnant minor certifies to the attending physician that the pregnancy resulted
from sexual conduct with a minor by the minor's parent, stepparent, uncle, grandparent,
sibling, adoptive parent, legal guardian or foster parent or by a person who lives in the
same household with the minor and the minor's mother. The physician performing the
abortion shall report the sexual conduct with a minor to the proper law enforcement
officials pursuant to § 13-3620 and shall preserve and forward a sample of the fetal tissue
to these officials for use in a criminal investigation.
2. The attending physician certifies in the pregnant minor's medical record that, on the
basis of the physician's good faith clinical judgment, the pregnant minor has a condition
that so complicates her medical condition as to necessitate the immediate abortion of her
pregnancy to avert her death or for which a delay will create serious risk of substantial
and irreversible impairment of major bodily function.
I. A person who performs an abortion in violation of this section is guilty of a class 1
misdemeanor. A person is not subject to any liability under this section if the person
establishes by written evidence that the person relied on evidence sufficient to convince a
careful and prudent person that the representations of the pregnant minor regarding
information necessary to comply with this section are true.
21
J. In addition to other remedies available under the common or statutory law of this state,
one or both of the minor's parents or the minor's guardian may bring a civil action in the
superior court in the county in which the parents or the guardian resides to obtain
appropriate relief for a violation of this section, unless the pregnancy resulted from the
criminal conduct of the parent or guardian. The civil action may be based on a claim that
failure to obtain consent was a result of simple negligence, gross negligence, wantonness,
wilfulness, intention or any other legal standard of care. The civil action may be brought
against the person who performs the abortion in violation of this section and any person
who causes, aids or assists a minor to obtain an abortion without meeting the
requirements of this section. Relief pursuant to this subsection includes the following:
1. Money damages for all psychological, emotional and physical injuries that
result from the violation of this section.
2. Statutory damages in an amount equal to five thousand dollars or three times
the cost of the abortion, whichever is greater.
3. Reasonable attorney fees and costs.
K. A civil action brought pursuant to this section must be initiated within six years after
the violation occurred.
L. The consent required by this section must be obtained on a form prescribed by the
department of health services. At a minimum, the form must:
1. List the possible medical risks that may occur with any surgical, medical or
diagnostic procedure, including the potential for infection, blood clots,
hemorrhage, allergic reactions and death.
2. List the possible medical risks that may occur with a surgical abortion,
including hemorrhage, uterine perforation, sterility, injury to the bowel or bladder,
a possible hysterectomy as a result of a complication or injury during the
procedure and failure to remove all products of conception that may result in an
additional procedure.
3. List the possible medical risks that may occur with a medication abortion,
including hemorrhage, infection, failure to remove all products of conception that
may result in an additional procedure, sterility and the possible continuation of the
pregnancy.
4. Require the pregnant minor's and the pregnant minor's parent's initials on each
page of the form and a full signature on the final page of the form.
5. Include a space for the notary's signature and seal on the final page of the form.
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M. The physician must maintain the form in the pregnant minor's records for seven years
after the date of the procedure or five years after the date of the minor's maturity,
whichever is longer.
ARKANSAS
ARK. CODE ANN. § 20-9-602 (2012). CONSENT GENERALLY
It is recognized and established that, in addition to other authorized persons, any one (1)
of the following persons may consent, either orally or otherwise, to any surgical or
medical treatment or procedure not prohibited by law that is suggested, recommended,
prescribed, or directed by a licensed physician:
(1) Any adult, for himself or herself;
(2)(A) Any parent, whether an adult or a minor, for his or her minor child or for his or her
adult child of unsound mind whether the child is of the parent's blood, an adopted child, a
stepchild, a foster child not in custody of the Department of Human Services, or a
preadoptive child not in custody of the Department of Human Services.
(B) However, the father of an illegitimate child cannot consent for the child solely
on the basis of parenthood;
(3) Any married person, whether an adult or a minor, for himself or herself;
(4) Any female, regardless of age or marital status, for herself when given in connection
with pregnancy or childbirth, except the unnatural interruption of a pregnancy;
(5) Any person standing in loco parentis, whether formally serving or not, and any
guardian, conservator, or custodian, for his or her ward or other charge under disability;
(6) Any emancipated minor, for himself or herself;
(7) Any unemancipated minor of sufficient intelligence to understand and appreciate the
consequences of the proposed surgical or medical treatment or procedures, for himself or
herself;
(8) Any adult, for his or her minor sibling or his or her adult sibling of unsound mind;
(9) During the absence of a parent so authorized and empowered, any maternal
grandparent and, if the father is so authorized and empowered, any paternal grandparent,
for his or her minor grandchild or for his or her adult grandchild of unsound mind;
(10) Any married person, for a spouse of unsound mind;
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(11) Any adult child, for his or her mother or father of unsound mind;
(12) Any minor incarcerated in the Department of Correction or the Department of
Community Correction, for himself or herself; and
(13)(A) Any foster parent or preadoptive parent for a child in custody of the Department
of Human Services in:
(i)(a) Emergency situations.
(b) As used in this subdivision, “emergency situation” means a
situation in which, in competent medical judgment, the proposed
surgical or medical treatment or procedures are immediately or
imminently necessary and any delay occasioned by an attempt to
obtain a consent would reasonably be expected to jeopardize the
life, health, or safety of the person affected or would reasonably be
expected to result in disfigurement or impaired faculties;
(ii) Routine medical treatment;
(iii) Ongoing medical treatment;
(iv) Nonsurgical procedures by a primary care provider; and
(v) Nonsurgical procedures by a specialty care provider.
(B) The Department of Human Services shall be given timely notice of all
admissions and discharges consented to by a foster parent or preadoptive
parent for a child in custody of the Department of Human Services.
(C) The consent of a representative of the Department of Human Services
is required for:
(i) Nonemergency surgical procedures;
(ii) Nonemergency invasive procedures;
(iii) “End of life” nonemergency procedures such as do-not-resuscitate
orders, withdrawal of life support, and organ donation; and
(iv) Nonemergency medical procedures relating to a criminal investigation
or judicial proceeding that involves gathering forensic evidence.
ARK. CODE ANN. §20-16-508 (2012). CONSENT BY MINOR
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(a)(1) When a minor who believes himself or herself to have a sexually transmitted
disease consents to the provision of medical care or surgical care or services by a hospital
or public clinic or consents to the performance of medical care or surgical care or
services by a physician who is licensed to practice medicine in this state, the consent:
(A) Is valid and binding as if the minor had achieved his or her majority;
and
(B) Is not subject to a later disaffirmance by reason of his or her minority.
(2) The consent of a spouse, parent, guardian, or any other person standing in a
fiduciary capacity to the minor shall not be necessary in order to authorize
hospital care or services or medical or surgical care or services to be provided to
the minor by a physician licensed to practice medicine.
(b) Upon the advice and direction of a treating physician or in the case of a medical staff
any one (1) of them, a physician or member of a medical staff may inform the spouse,
parent, or guardian of any minor as to the treatment given or needed but shall not be
obligated to do so. The information may be given to or withheld from the spouse, parent,
or guardian without the consent and over the express objection of the minor.
CALIFORNIA
CAL. FAM. CODE § 6920 (2012). CAPACITY OF MINOR TO CONSENT
Subject to the limitations provided in this chapter, notwithstanding any other provision of
law, a minor may consent to the matters provided in this chapter, and the consent of the
minor's parent or guardian is not necessary.
CAL. FAM. CODE § 6921 (2012). EFFECT OF MINORITY UPON CONSENT
A consent given by a minor under this chapter is not subject to disaffirmance because of
minority.
CAL. FAM. CODE § § 6922 (2012). CONDITIONS FOR CONSENT OF MINOR; LIABILITY OF
PARENTS OR GUARDIANS; NOTIFICATION OF MINOR'S PARENTS OR GUARDIANS
(a) A minor may consent to the minor's medical care or dental care if all of the following
conditions are satisfied:
(1) The minor is 15 years of age or older.
(2) The minor is living separate and apart from the minor's parents or guardian,
whether with or without the consent of a parent or guardian and regardless of the
duration of the separate residence.
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(3) The minor is managing the minor's own financial affairs, regardless of the
source of the minor's income.
(b) The parents or guardian are not liable for medical care or dental care provided
pursuant to this section.
(c) A physician and surgeon or dentist may, with or without the consent of the minor
patient, advise the minor's parent or guardian of the treatment given or needed if the
physician and surgeon or dentist has reason to know, on the basis of the information
given by the minor, the whereabouts of the parent or guardian.
CAL. FAM. CODE § 6924 (2012). MENTAL HEALTH TREATMENT OR COUNSELING
SERVICES; INVOLVEMENT OF PARENTS OR GUARDIANS; LIABILITY OF PARENTS OR
GUARDIANS
(a) As used in this section:
(1) “Mental health treatment or counseling services” means the provision of
mental health treatment or counseling on an outpatient basis by any of the
following:
(A) A governmental agency.
(B) A person or agency having a contract with a governmental agency to
provide the services.
(C) An agency that receives funding from community united funds.
(D) A runaway house or crisis resolution center.
(E) A professional person, as defined in paragraph (2).
(2) “Professional person” means any of the following:
(A) A person designated as a mental health professional in Sections 622 to
626, inclusive, of Article 8 of Subchapter 3 of Chapter 1 of Title 9 of the
California Code of Regulations.
(B) A marriage and family therapist as defined in Chapter 13
(commencing with Section 4980) of Division 2 of the Business and
Professions Code.
26
(C) A licensed educational psychologist as defined in Article 5
(commencing with Section 4986) of Chapter 13 of Division 2 of the
Business and Professions Code.
(D) A credentialed school psychologist as described in Section 49424 of
the Education Code.
(E) A clinical psychologist as defined in Section 1316.5 of the Health and
Safety Code.
(F) The chief administrator of an agency referred to in paragraph (1) or
(3).
(G) A person registered as a marriage and family therapist intern, as
defined in Chapter 13 (commencing with Section 4980) of Division 2 of
the Business and Professions Code, while working under the supervision
of a licensed professional specified in subdivision (g) of Section 4980.03
of the Business and Professions Code.
(H) A licensed professional clinical counselor, as defined in Chapter 16
(commencing with Section 4999.10) of Division 2 of the Business and
Professions Code.
(I) A person registered as a clinical counselor intern, as defined in Chapter
16 (commencing with Section 4999.10) of Division 2 of the Business and
Professions Code, while working under the supervision of a licensed
professional specified in subdivision (h) of Section 4999.12 of the
Business and Professions Code.
(3) “Residential shelter services” means any of the following:
(A) The provision of residential and other support services to minors on a
temporary or emergency basis in a facility that services only minors by a
governmental agency, a person or agency having a contract with a
governmental agency to provide these services, an agency that receives
funding from community funds, or a licensed community care facility or
crisis resolution center.
(B) The provision of other support services on a temporary or emergency
basis by any professional person as defined in paragraph (2).
(b) A minor who is 12 years of age or older may consent to mental health treatment or
counseling on an outpatient basis, or to residential shelter services, if both of the
following requirements are satisfied:
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(1) The minor, in the opinion of the attending professional person, is mature
enough to participate intelligently in the outpatient services or residential shelter
services.
(2) The minor (A) would present a danger of serious physical or mental harm to
self or to others without the mental health treatment or counseling or residential
shelter services, or (B) is the alleged victim of incest or child abuse.
(c) A professional person offering residential shelter services, whether as an individual or
as a representative of an entity specified in paragraph (3) of subdivision (a), shall make
his or her best efforts to notify the parent or guardian of the provision of services.
(d) The mental health treatment or counseling of a minor authorized by this section shall
include involvement of the minor's parent or guardian unless, in the opinion of the
professional person who is treating or counseling the minor, the involvement would be
inappropriate. The professional person who is treating or counseling the minor shall state
in the client record whether and when the person attempted to contact the minor's parent
or guardian, and whether the attempt to contact was successful or unsuccessful, or the
reason why, in the professional person's opinion, it would be inappropriate to contact the
minor's parent or guardian.
(e) The minor's parents or guardian are not liable for payment for mental health treatment
or counseling services provided pursuant to this section unless the parent or guardian
participates in the mental health treatment or counseling, and then only for services
rendered with the participation of the parent or guardian. The minor's parents or guardian
are not liable for payment for any residential shelter services provided pursuant to this
section unless the parent or guardian consented to the provision of those services.
(f) This section does not authorize a minor to receive convulsive therapy or
psychosurgery as defined in subdivisions (f) and (g) of Section 5325 of the Welfare and
Institutions Code, or psychotropic drugs without the consent of the minor's parent or
guardian.
CAL. FAM. CODE § 6925 (2012). PREVENTION OR TREATMENT OF PREGNANCY
(a) A minor may consent to medical care related to the prevention or treatment of
pregnancy.
(b) This section does not authorize a minor:
(1) To be sterilized without the consent of the minor's parent or guardian.
(2) To receive an abortion without the consent of a parent or guardian other than
as provided in Section 123450 of the Health and Safety Code.
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CAL. FAM. CODE § 6926 (2012). DIAGNOSIS OR TREATMENT OF INFECTIOUS,
CONTAGIOUS, OR COMMUNICABLE DISEASES; CONSENT BY MINOR TO CERTAIN
MEDICAL CARE; LIABILITY OF PARENTS OR GUARDIANS
(a) A minor who is 12 years of age or older and who may have come into contact with an
infectious, contagious, or communicable disease may consent to medical care related to
the diagnosis or treatment of the disease, if the disease or condition is one that is required
by law or regulation adopted pursuant to law to be reported to the local health officer, or
is a related sexually transmitted disease, as may be determined by the State Public Health
Officer.
(b) A minor who is 12 years of age or older may consent to medical care related to the
prevention of a sexually transmitted disease.
(c) The minor's parents or guardian are not liable for payment for medical care provided
pursuant to this section.
CAL. FAM. CODE § 6927 (2012). DIAGNOSIS OR TREATMENT FOR RAPE
A minor who is 12 years of age or older and who is alleged to have been raped may
consent to medical care related to the diagnosis or treatment of the condition and the
collection of medical evidence with regard to the alleged rape.
CAL. FAM. CODE § 6928 (2012). DIAGNOSIS OR TREATMENT FOR SEXUAL ASSAULT
(a) “Sexually assaulted” as used in this section includes, but is not limited to, conduct
coming within Section 261, 286, or 288a of the Penal Code.
(b) A minor who is alleged to have been sexually assaulted may consent to medical care
related to the diagnosis and treatment of the condition, and the collection of medical
evidence with regard to the alleged sexual assault.
(c) The professional person providing medical treatment shall attempt to contact the
minor's parent or guardian and shall note in the minor's treatment record the date and time
the professional person attempted to contact the parent or guardian and whether the
attempt was successful or unsuccessful. This subdivision does not apply if the
professional person reasonably believes that the minor's parent or guardian committed the
sexual assault on the minor.
CAL. FAM. CODE § 6929 (2012). DIAGNOSIS OR TREATMENT OF DRUG AND ALCOHOL
ABUSE; LIABILITY FOR COST OF SERVICES; DISCLOSURE OF MEDICAL INFORMATION
(a) As used in this section:
29
(1) “Counseling” means the provision of counseling services by a provider under
a contract with the state or a county to provide alcohol or drug abuse counseling
services pursuant to Part 2 (commencing with Section 5600) of Division 5 of the
Welfare and Institutions Code or pursuant to Division 10.5 (commencing with
Section 11750) of the Health and Safety Code.
(2) “Drug or alcohol” includes, but is not limited to, any substance listed in any of
the following:
(A) Section 380 or 381 of the Penal Code.
(B) Division 10 (commencing with Section 11000) of the Health and
Safety Code.
(C) Subdivision (f) of Section 647 of the Penal Code.
(3) “LAAM” means levoalphacetylmethadol as specified in paragraph (10) of
subdivision (c) of Section 11055 of the Health and Safety Code.
(4) “Professional person” means a physician and surgeon, registered nurse,
psychologist, clinical social worker, professional clinical counselor, marriage and
family therapist, registered marriage and family therapist intern when
appropriately employed and supervised pursuant to Section 4980.43 of the
Business and Professions Code, psychological assistant when appropriately
employed and supervised pursuant to Section 2913 of the Business and
Professions Code, associate clinical social worker when appropriately employed
and supervised pursuant to Section 4996.18 of the Business and Professions Code,
or registered clinical counselor intern when appropriately employed and
supervised pursuant to Section 4999.42 of the Business and Professions Code.
(b) A minor who is 12 years of age or older may consent to medical care and counseling
relating to the diagnosis and treatment of a drug- or alcohol-related problem.
(c) The treatment plan of a minor authorized by this section shall include the involvement
of the minor's parent or guardian, if appropriate, as determined by the professional person
or treatment facility treating the minor. The professional person providing medical care
or counseling to a minor shall state in the minor's treatment record whether and when the
professional person attempted to contact the minor's parent or guardian, and whether the
attempt to contact the parent or guardian was successful or unsuccessful, or the reason
why, in the opinion of the professional person, it would not be appropriate to contact the
minor's parent or guardian.
(d) The minor's parent or guardian is not liable for payment for any care provided to a
minor pursuant to this section, except that if the minor's parent or guardian participates in
a counseling program pursuant to this section, the parent or guardian is liable for the cost
of the services provided to the minor and the parent or guardian.
30
(e) This section does not authorize a minor to receive replacement narcotic abuse
treatment, in a program licensed pursuant to Article 3 (commencing with Section 11875)
of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code, without the
consent of the minor's parent or guardian.
(f) It is the intent of the Legislature that the state shall respect the right of a parent or
legal guardian to seek medical care and counseling for a drug- or alcohol-related problem
of a minor child when the child does not consent to the medical care and counseling, and
nothing in this section shall be construed to restrict or eliminate this right.
(g) Notwithstanding any other provision of law, in cases where a parent or legal guardian
has sought the medical care and counseling for a drug- or alcohol-related problem of a
minor child, the physician and surgeon shall disclose medical information concerning the
care to the minor's parent or legal guardian upon his or her request, even if the minor
child does not consent to disclosure, without liability for the disclosure.
CAL. FAM. CODE § 6950 (2012). CONSENT OF COURT; CONDITIONS
(a) Upon application by a minor, the court may summarily grant consent for enlistment
by the minor in the armed forces of the United States if the court determines all of the
following:
(1) The minor is 16 years of age or older and resides in this state.
(2) The consent of a parent or guardian is necessary to permit the enlistment, and
the minor has no parent or guardian available to give the consent.
(b) No fee may be charged for proceedings under this section.
COLORADO
COLO. REV. STAT. § 13-22-101(2012). COMPETENCE OF PERSONS EIGHTEEN YEARS OF
AGE OR OLDER
(1) Notwithstanding any other provision of law enacted or any judicial decision made
prior to July 1, 1973, every person, otherwise competent, shall be deemed to be of full
age at the age of eighteen years or older for the following specific purposes:
(a) To enter into any legal contractual obligation and to be legally bound thereby
to the full extent as any other adult person; but such obligation shall not be
considered a family expense of the parents of the person who entered into the
contract, under section 14-6-110, C.R.S.;
31
(b) To manage his estate in the same manner as any other adult person. This
section shall not apply to custodial property given or held under the terms of the
“Colorado Uniform Transfers to Minors Act”, article 50 of title 11, C.R.S., or
property held for a protected person under the “Colorado Probate Code”, article
14 of title 15, C.R.S., unless otherwise permitted in said articles;
(c) To sue and be sued in any action to the full extent as any other adult person in
any of the courts of this state, without the necessity for a guardian ad litem or
someone acting in his behalf;
(d) To make decisions in regard to his own body and the body of his issue,
whether natural or adopted by such person, to the full extent allowed to any other
adult person.
COLO. REV. STAT. § 13-22-102 (2012). MINORS--CONSENT FOR MEDICAL CARE AND
TREATMENT FOR ADDICTION TO OR USE OF DRUGS
Notwithstanding any other provision of law, any physician licensed to practice in this
state, upon consultation by a minor as a patient, with the consent of such minor patient,
may examine, prescribe for, and treat such minor patient for addiction to or use of drugs
without the consent of or notification to the parent, parents, or legal guardian of such
minor patient, or to any other person having custody or decision-making responsibility
with respect to the medical care of such minor patient. In any such case the physician or
any person acting pursuant to the minor's direction shall incur no civil or criminal
liability by reason of having made such examination or prescription or having rendered
such treatment, but this immunity shall not apply to any negligent acts or omissions by
the physician or any person acting pursuant to the physician's direction.
COLO. REV. STAT. § 13-22-103 (2012). MINORSCONSENT FOR MEDICAL, DENTAL,
AND RELATED CARE.
(1) Except as otherwise provided in sections 18-1.3-407 (4.5), 18-6-101, 25-4-402, and
12-34-104, C.R.S., a minor eighteen years of age or older, or a minor fifteen years of age
or older who is living separate and apart from his or her parent, parents, or legal guardian,
with or without the consent of his or her parent, parents, or legal guardian, and is
managing his or her own financial affairs, regardless of the source of his or her income,
or any minor who has contracted a lawful marriage may give consent to organ or tissue
donation or the furnishing of hospital, medical, dental, emergency health, and surgical
care to himself or herself. Such consent shall not be subject to disaffirmance because of
minority, and, when such consent is given, said minor shall have the same rights, powers,
and obligations as if he or she had obtained majority. Consent to organ or tissue donation
may be revoked pursuant to section 12-34-106, C.R.S.
(2) The consent of the parent, parents, or legal guardian of a minor described in
subsection (1) of this section shall not be necessary in order to authorize organ or tissue
donation or hospital, medical, dental, emergency health, or surgical care, and no hospital,
32
physician, surgeon, dentist, trained emergency health care provider, or agent or employee
thereof who, in good faith, relies on such a minor's consent shall be liable for civil
damages for failure to secure the consent of such a minor's parent, parents, or legal
guardian prior to rendering such care. The parent, parents, or legal guardian of a minor
described in subsection (1) of this section shall not be liable to pay the charges for the
care provided the minor on said minor's consent, unless said parent, parents, or legal
guardian agrees to be so liable.
(3) In addition to the authority granted in section 25-4-1704(2.5), C.R.S., any parent,
including a parent who is a minor, may request and consent to organ or tissue donation of
his or her child or the furnishing of hospital, medical, dental, emergency health, and
surgical care to his or her child or ward. The consent of a minor parent shall not be
subject to disaffirmance because of minority, and, when such consent is given, said minor
parent has the same rights, powers, and obligations as if he or she were of legal age.
COLO. REV. STAT. §13-22-103.5 (2012). MINORS--CONSENT FOR MEDICAL CARE--
PREGNANCY
Notwithstanding any other provision of law, a pregnant minor may authorize prenatal,
delivery, and post-delivery medical care for herself related to the intended live birth of a
child.
COLO. REV. STAT. §13-22-104 (2012). TRANSPLANTS AND TRANSFUSIONS GENERALLY--
DECLARATION OF POLICY--LIMIT ON LIABILITY OF MINORS
(1) The availability of scientific knowledge, skills, and materials for the transplantation,
injection, transfusion, or transfer of human tissue, organs, blood, or components thereof
is important to the health and welfare of the people of this state. Equally important is the
duty of those performing such service or providing such materials to exercise due care
under the attending circumstances to the end that those receiving health care will benefit
and adverse results therefrom will be minimized by the use of available and proven
scientific safeguards. The imposition of legal liability without fault upon the persons and
organizations engaged in such scientific procedures may inhibit the exercise of sound
medical judgment and restrict the availability of important scientific knowledge, skills,
and materials. It is, therefore, the public policy of this state to promote the health and
welfare of the people by emphasizing the importance of exercising due care, and by
limiting the legal liability arising out of such scientific procedures to instances of
negligence or willful misconduct.
(2) The donation, whether for or without valuable consideration, the acquisition,
preparation, transplantation, injection, or transfusion of any human tissue, organ, blood,
or component thereof for or to a human being is the performance of a medical service and
does not, in any way, constitute a sale. No physician, surgeon, hospital, blood bank,
tissue bank, or other person or entity who donates, obtains, prepares, transplants, injects,
transfuses, or otherwise transfers, or who assists or participates in donating, obtaining,
preparing, transplanting, injecting, transfusing, or transferring any tissue, organ, blood, or
33
component thereof from one or more human beings, living or dead, to another living
human being for the purpose of therapy or transplantation needed by him for his health or
welfare shall be liable for any damages of any kind or description directly or indirectly
caused by or resulting from any such activity; except that each such person or entity
remains liable for his or its own negligence or willful misconduct.
(3) Any provision of the law to the contrary notwithstanding, any minor who has reached
the age of eighteen years may give consent to the donation of his or her blood, organs, or
tissue and to the penetration of tissue which is necessary to accomplish such donation.
Such consent shall not be subject to disaffirmance because of minority. The consent of
the parent, parents, or legal guardian of such a minor shall not be necessary in order to
authorize such donation of blood, organs, or tissue and penetration of tissue.
(4) Any provision of the law to the contrary notwithstanding, a minor who is at least
sixteen years of age but is less than eighteen years of age may give consent to the
donation of his or her blood and to the penetration of tissue that is necessary to
accomplish the donation, so long as the minor's parent or legal guardian consents
COLO. REV. STAT. §13-22-105 (2012). MINORS--BIRTH CONTROL SERVICES RENDERED
BY PHYSICIANS
Except as otherwise provided in part 1 of article 6 of title 18, C.R.S., birth control
procedures, supplies, and information may be furnished by physicians licensed under
article 36 of title 12, C.R.S., to any minor who is pregnant, or a parent, or married, or
who has the consent of his parent or legal guardian, or who has been referred for such
services by another physician, a clergyman, a family planning clinic, a school or
institution of higher education, or any agency or instrumentality of this state or any
subdivision thereof, or who requests and is in need of birth control procedures, supplies,
or information.
COLO. REV. STAT. §13-22-106 (2012). MINORS--CONSENT--SEXUAL OFFENSE
(1) Any physician licensed to practice in this state, upon consultation by a minor as a
patient who indicates that he or she was the victim of a sexual offense pursuant to part 4
of article 3 of title 18, C.R.S., with the consent of such minor patient, may perform
customary and necessary examinations to obtain evidence of the sexual offense and may
prescribe for and treat the patient for any immediate condition caused by the sexual
offense.
(2)(a) Prior to examining or treating a minor pursuant to subsection (1) of this section, a
physician shall make a reasonable effort to notify the parent, parents, legal guardian, or
any other person having custody or decision-making responsibility with respect to the
medical care of such minor of the sexual offense.
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(b) So long as the minor has consented, the physician may examine and treat the
minor as provided for in subsection (1) of this section whether or not the
physician has been able to make the notification provided for in paragraph (a) of
this subsection (2) and whether or not those notified have given consent, but, if
the person having custody or decision-making responsibility with respect to the
minor's medical care objects to treatment, then the physician shall proceed under
the provisions of part 3 of article 3 of title 19, C.R.S.
(c) Nothing in this section shall be deemed to relieve any person from the
requirements of the provisions of part 3 of article 3 of title 19, C.R.S., concerning
child abuse.
(3) If a minor is unable to give the consent required by this section by reason of age or
mental or physical condition and it appears that the minor has been the victim of a sexual
assault, the physician shall not examine or treat the minor as provided in subsection (1) of
this section but shall proceed under the provisions of part 3 of article 3 of title 19, C.R.S.
(4) A physician shall incur no civil or criminal liability by reason of having examined or
treated a minor pursuant to subsection (1) of this section, but this immunity shall not
apply to any negligent acts or omissions by the physician.
CONNECTICUT
CONN. GEN. STAT. § 19A-285 (2012). CONSENT BY MINOR TO MEDICAL, DENTAL,
HEALTH OR HOSPITAL SERVICES FOR CHILD
(a) Any minor who has been married or who has borne a child may give effective consent
to medical, dental, health and hospital services for his or her child.
(b) Any such minor who has given effective consent as provided in subsection (a) of this
section shall be legally liable for any fees, costs or expenses incurred as a result of the
rendering of any such service.
DELAWARE
DEL. CODE ANN. TIT. 13, § 707. CONSENT TO HEALTH CARE OF MINORS
(a) Definitions.-- As used in this section:
(1) “Blood testing” includes Early Periodic Screening, Diagnosis, and Treatment
(EPSDT) testing and other blood testing deemed necessary by documented history
or symptomatology but excludes HIV/AIDS testing and controlled substance
35
testing or any other testing for which separate court order or informed consent as
provided by law is required.
(2) “Medical treatment” means developmental screening, mental health screening
and treatment, and ordinary and necessary medical and dental examination and
treatment, including blood testing, preventive care including ordinary
immunizations, tuberculin testing and well-child care. Medical treatment also
means the examination and treatment of any laceration, fracture or other traumatic
injury, or any symptom, disease or pathology which may, in the judgment of the
treating health care professional, if left untreated, reasonably be expected to
threaten health or life.
(3) “Relative caregiver” or “caregiver” means an adult person, who by blood,
marriage or adoption, is the great grandparent, grandparent, step grandparent,
great aunt, aunt, great uncle, uncle, stepparent, brother, sister, step brother, step
sister, half brother, half sister, niece, nephew, first cousin or first cousin once
removed of a minor and with whom the minor resides, but who is not the legal
custodian or guardian of the minor.
(b) Parties authorized to give consent.-- Consent to the performance upon or for any
minor by any licensed medical, surgical, dental, psychological or osteopathic practitioner
or any nurse practitioner/clinical nurse specialist or any hospital or public clinic or their
agents or employees of any lawful medical treatment, and to the furnishing of
hospitalization and other reasonably necessary care in connection therewith, may be
given by:
(1) A parent or guardian of any minor for such minor;
(2) A married minor for himself or herself or, if such married minor be unable to
give consent by reason of disability, then by his or her spouse;
(3) A minor of the age of 18 years or more for himself or herself;
(4) A minor parent for his or her child;
(5) A minor or by any person professing to be serving as temporary custodian of
such minor at the request of a parent or guardian of such minor for the
examination and treatment of (i) any laceration, fracture or other traumatic injury
suffered by such minor, or (ii) any symptom, disease or pathology which may, in
the judgment of the attending personnel preparing such treatment, if untreated,
reasonably be expected to threaten the health or life of such minor; provided,
however, that the consent given shall be effective only after reasonable efforts
shall have been made to obtain the consent of the parent or guardian of said
minor; or
36
(6) A relative caregiver acting pursuant to an Affidavit of Establishment of Power
to Relative Caregivers to Consent to Medical Treatment of Minors.
(c) Effect of consent.-- Any consent given by or for a minor pursuant to the authority of
any provision of this chapter shall be valid and effective for all purposes, and,
notwithstanding any misrepresentation as to age, status as parent, guardian or custodian
or as to marital status, made to any practitioner, hospital or clinic for purposes of
inducing the furnishing of health care to such minor, shall bind such minor, his or her
parent, spouse, heirs, executors and administrators and shall not be subject to subsequent
disaffirmance by reason of minority.
(d) Liability of persons responsible for medical care.-- Nothing contained in this section
shall be construed to relieve any practitioner, hospital, clinic or their agents or employees
from liability for negligence in diagnosis, care and treatment or for the performance of
any procedure not reasonably required for the preservation of life or health.
DEL. CODE ANN. TIT. 13, § 709 (2012). CONSENT OF A MINOR TO DONATE BLOOD
VOLUNTARILY WITHOUT THE NECESSITY OF OBTAINING PARENTAL PERMISSION OR
AUTHORIZATION
(a) Anything otherwise provided in the law to the contrary notwithstanding, any person
over 17 years old shall be eligible to donate blood in any voluntary and noncompensatory
blood program without parental permission or authorization.
(b) The consent given by a minor under this section shall, notwithstanding his or her
minority, be valid and legally effective for all purposes and shall be binding upon such
minor, his or her parents, legal guardians, spouse, heirs, executors and administrators as
effectively as if such minor were 18 years of age or over at the time of giving such
consent. A minor giving such consent shall be deemed to have the same legal capacity to
act and the same legal obligations with regard to giving such consent as if such minor
were 18 years of age or over. Consent so given shall not be subject to later disaffirmance
by reason of such minority and the consent of no other person or court shall be necessary
for performance of the lawful procedures required to be performed in order to receive
such donation.
(c) Such consent so given by a minor as described above shall be interpreted as a contract
permitting penetration of tissue which is necessary to accomplish such donation.
DEL. CODE ANN. TIT. 13, § 710 (2012). MINORS' CONSENT TO DIAGNOSTIC AND LAWFUL
THERAPEUTIC PROCEDURES RELATING TO CARE AND TREATMENT FOR PREGNANCY OR
CONTAGIOUS DISEASES
(a) A minor 12 years of age or over who professes to be either pregnant or afflicted with
contagious, infectious or communicable diseases within the meaning of Chapters 5 and 7
of Title 16, or who professes to be exposed to the chance of becoming pregnant, may give
written consent, except to abortion, to any licensed physician, hospital or public clinic for
37
any diagnostic, preventive, lawful therapeutic procedures, medical or surgical care and
treatment, including X rays, by any physician licensed for the practice of medicine or
surgery or osteopathic medicine or surgery in this State and by any hospital or public
clinic, their qualified employees or agents while acting within the scope of their
employment.
(b) Consent so given by a minor 12 years of age or over shall, notwithstanding his or her
minority, be valid and legally effective for all purposes, regardless of whether such
minor's profession of pregnancy or contagious disease is subsequently medically
confirmed, and shall be binding upon such minor, his or her parents, legal guardians,
spouse, heirs, executors and administrators as effectively as if the minor were of full legal
age at the time of giving of the consent. A minor giving the consent shall be deemed to
have the same legal capacity to act and the same legal obligations with regard to giving
consent as if the minor were of full legal age. Consent so given shall not be subject to
later disaffirmance by reason of such minority; and the consent of no other person or
court shall be necessary for the performance of the diagnostic and lawful therapeutic
procedures, medical or surgical care and treatment rendered such minor.
(c) The physician licensed for the practice of medicine or surgery or hospital to whom
such consent shall be given may, in the sole exercise of his, her or its discretion, either
provide or withhold from the parents or legal guardian or spouse of such minor such
information as to diagnosis, therapeutic procedures, care and treatment rendered or to be
rendered the minor as such physician, surgeon or hospital deems to be advisable under
the circumstances, having primary regard for the interests of the minor.
(d) The parents, legal guardian or spouse of a consenting minor shall not be liable for
payment for diagnostic and lawful therapeutic procedures performed, medical or surgical
care or treatment rendered or hospital confinement pursuant to this section.
(e) Notice of intention to perform any operation otherwise permitted under this section
shall be given the parents or legal guardian of such minor at their last known address, if
available, by telegram sent at time of diagnosis by the surgeon designated to perform
such operation; provided, that such operation may proceed forthwith after diagnosis if
there is reason to believe that delay would endanger the life of such minor or there is a
reasonable probability of irreparable injury.
(f) Nothing contained in this section shall be construed to relieve any licensed physician,
hospital or public clinic, their agents or employees, from liability for their negligence in
the diagnosis, care and treatment rendered such minor.
DISTRICT OF COLUMBIA
D.C. CODE ANN. § 4-1341.01 (2012). DEFINITIONS
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FLORIDA
FLA. STAT. ANN. § 743.015 (2012). DISABILITIES OF NONAGE; REMOVAL
(1) A circuit court has jurisdiction to remove the disabilities of nonage of a minor age 16
or older residing in this state upon a petition filed by the minor's natural or legal guardian
or, if there is none, by a guardian ad litem.
(2) The petition shall contain the following information:
(a) The name, address, residence, and date of birth of the minor.
(b) The name, address, and current location of each of the minor's parents, if
known.
(c) The name, date of birth, custody, and location of any children born to the
minor.
(d) A statement of the minor's character, habits, education, income, and mental
capacity for business, and an explanation of how the needs of the minor with
respect to food, shelter, clothing, medical care, and other necessities will be met.
(e) Whether the minor is a party to or the subject of a pending judicial proceeding
in this state or any other jurisdiction, or the subject of a judicial order of any
description issued in connection with such pending judicial proceeding.
(f) A statement of the reason why the court should remove the disabilities of
nonage.
(3) If the petition is filed by the natural or legal guardian, the court must appoint an
attorney ad litem for the minor child, and the minor child shall be brought before the
court to determine if the interest of the minor will be fully protected by the removal of
disabilities of nonage. The attorney ad litem shall represent the child in all related
proceedings.
(4) If the petition is filed by the guardian ad litem or next friend, service of process must
be perfected on the natural parents.
(5) If both parents are not jointly petitioning the court for the removal of the disabilities
of nonage of the minor, service of process must be made upon the nonpetitioning parent.
Constructive service of process may be used, provided the petitioning parent makes an
actual, diligent search to discover the location of, and provide notice to, the
nonpetitioning parent.
(6) The court shall consider the petition and receive such evidence as it deems necessary
to rule on the petition. If the court determines that removal of the disabilities of nonage is
39
in the minor's best interest, it shall enter an order to that effect. An order removing the
disabilities of nonage shall have the effect of giving the minor the status of an adult for
purposes of all criminal and civil laws of the state, and shall authorize the minor
thereafter to exercise all of the rights and responsibilities of persons who are 18 years of
age or older.
(7) The court shall consider the petition and, if satisfied that the removal of the
disabilities is in the minor's best interest, shall remove the disabilities of nonage; and
shall authorize the minor to perform all acts that the minor could do if he or she were 18
years of age.
(8) The judgment shall be recorded in the county in which the minor resides, and a
certified copy shall be received as evidence of the removal of disabilities of nonage for
all matters in all courts.
FLA. STAT. ANN. § 743.06 (2012). REMOVAL OF DISABILITIES OF MINORS; DONATION OF
BLOOD WITHOUT PARENTAL CONSENT
Any minor who has reached the age of 17 years may give consent to the donation,
without compensation therefor, of her or his blood and to the penetration of tissue which
is necessary to accomplish such donation. Such consent shall not be subject to
disaffirmance because of minority, unless the parent or parents of such minor specifically
object, in writing, to the donation or penetration of the skin.
FLA. STAT. ANN. § 743.065 (2012). UNWED PREGNANT MINOR OR MINOR MOTHER;
CONSENT TO MEDICAL SERVICES FOR MINOR OR MINOR'S CHILD VALID
(1) An unwed pregnant minor may consent to the performance of medical or surgical care
or services relating to her pregnancy by a hospital or clinic or by a physician licensed
under chapter 458 or chapter 459, and such consent is valid and binding as if she had
achieved her majority.
(2) An unwed minor mother may consent to the performance of medical or surgical care
or services for her child by a hospital or clinic or by a physician licensed under chapter
458 or chapter 459, and such consent is valid and binding as if she had achieved her
majority.
(3) Nothing in this act shall affect the provisions of s. 390.0111.
FLA. STAT. ANN. § 743.066 (2012). REMOVAL OF DISABILITY OF MINORS ADJUDICATED
AS ADULTS
The disability of nonage of a minor adjudicated as an adult and in the custody or under
the supervision of the Department of Corrections is removed, as such disability relates to
health care services, except in regard to medical services relating to abortion and
sterilization.
40
GEORGIA
GA. CODE ANN. § 31-9-2 (2012). PERSONS WHO MAY CONSENT TO SURGICAL OR
MEDICAL TREATMENT
(a) In addition to such other persons as may be authorized and empowered, any one of the
following persons is authorized and empowered to consent, either orally or otherwise, to
any surgical or medical treatment or procedures not prohibited by law which may be
suggested, recommended, prescribed, or directed by a duly licensed physician:
(1) Any adult, for himself or herself, whether by living will, advance directive for
health care, or otherwise;
(1.1) Any person authorized to give such consent for the adult under an advance
directive for health care or durable power of attorney for health care under
Chapter 32 of this title;
(2) In the absence or unavailability of a person authorized pursuant to paragraph
(1.1) of this subsection, any married person for his or her spouse;
(3) In the absence or unavailability of a living spouse, any parent, whether an
adult or a minor, for his or her minor child;
(4) Any person temporarily standing in loco parentis, whether formally serving or
not, for the minor under his or her care; and any guardian, for his or her ward;
(5) Any female, regardless of age or marital status, for herself when given in
connection with pregnancy, or the prevention thereof, or childbirth;
(6) Upon the inability of any adult to consent for himself or herself and in the
absence of any person to consent under paragraphs (1.1) through (5) of this
subsection, the following persons in the following order of priority:
(A) Any adult child for his or her parents;
(B) Any parent for his or her adult child;
(C) Any adult for his or her brother or sister;
(D) Any grandparent for his or her grandchild;
(E) Any adult grandchild for his or her grandparent; or
41
(F) Any adult niece, nephew, aunt, or uncle of the patient who is related to
the patient in the first degree; or
(7) Upon the inability of any adult to consent for himself or herself and in the
absence of any person to consent under paragraphs (1.1) through (6) of this
subsection, an adult friend of the patient. For purposes of this paragraph, “adult
friend” means an adult who has exhibited special care and concern for the patient,
who is generally familiar with the patient's health care views and desires, and who
is willing and able to become involved in the patient's health care decisions and to
act in the patient's best interest. The adult friend shall sign and date an
acknowledgment form provided by the hospital or other health care facility in
which the patient is located for placement in the patient's records certifying that
he or she meets such criteria.
(a.1) In the absence, after reasonable inquiry, of any person authorized in subsection (a)
of this Code section to consent for the patient, a hospital or other health care facility or
any interested person may initiate proceedings for expedited judicial intervention to
appoint a temporary medical consent guardian pursuant to Code Section 29-4-18.
(b) Any person authorized and empowered to consent under subsection (a) of this Code
section shall, after being informed of the provisions of this Code section, act in good faith
to consent to surgical or medical treatment or procedures which the patient would have
wanted had the patient understood the circumstances under which such treatment or
procedures are provided. The person who consents on behalf of the patient in accordance
with subsection (a) of this Code section shall have the right to visit the patient in
accordance with the hospital or health care facility's visitation policy.
(c) For purposes of this Code section, the term “inability of any adult to consent for
himself or herself” means a determination in the medical record by a licensed physician
after the physician has personally examined the adult that the adult “lacks sufficient
understanding or capacity to make significant responsible decisions” regarding his or her
medical treatment or the ability to communicate by any means such decisions.
(d)(1) No hospital or other health care facility, health care provider, or other person or
entity shall be subject to civil or criminal liability or discipline for unprofessional conduct
solely for relying in good faith on any direction or decision by any person reasonably
believed to be authorized and empowered to consent under subsection (a) of this Code
section even if death or injury to the patient ensues. Each hospital or other health care
facility, health care provider, and any other person or entity who acts in good faith
reliance on any such direction or decision shall be protected and released to the same
extent as though such person had interacted directly with the patient as a fully competent
person.
(2) No person authorized and empowered to consent under subsection (a) of this
Code section who, in good faith, acts with due care for the benefit of the patient,
42
or who fails to act, shall be subject to civil or criminal liability for such action or
inaction.
GA. CODE ANN. § 37-7-8 (2012). CONSENT OF MINORS FOR TREATMENT OF DRUG
ABUSE; DRUG DEFINED; VALIDITY OF CONSENT; INFORMATION TO OTHER PERSONS
(a) As used in this Code section, the term “drug” means any drug as defined in Code
Section 26-3-2, any dangerous drug as defined in Code Section 16-13-71, any controlled
substance as defined in Code Section 16-13-21, and any narcotic drug as defined in Code
Section 16-13-21.
(b) The consent to the provision of medical or surgical care or services by a hospital or
public clinic or to the performance of medical or surgical care or services by a physician
licensed to practice medicine and surgery, when such consent is given by a minor who is
or professes to be suffering from drug abuse, shall be as valid and binding as if the minor
had achieved his majority, provided that any such treatment shall involve procedures and
therapy related to conditions or illnesses arising out of the drug abuse which gave rise to
the consent authorized under this Code section. Any such consent shall not be subject to
later disaffirmance by reason of minority. The consent of no other person or persons,
including but not limited to a spouse, parent, custodian, or guardian, shall be necessary in
order to authorize the provision to such minor of such medical or surgical care or services
as are described in this subsection.
(c) Upon the advice and direction of a treating physician or, if more than one, of any one
of them, a member of the medical staff of a hospital or public clinic or a physician
licensed to practice medicine and surgery may, but shall not be obligated to, inform the
spouse, parent, custodian, or guardian of any such minor as to the treatment given or
needed. Such information may be given to or withheld from the spouse, parent,
custodian, or guardian without the consent of the minor patient and even over the express
refusal of the minor patient to the providing of such information.
HAWAII
HAW. REV. STAT. ANN. § 577A-1 (2012). DEFINITIONS
For the purpose of this chapter, the following terms shall be defined as follows:
“Family planning services” includes counseling and medical care designed to facilitate
family planning.
“Medical care and services” means the diagnosis, examination, and administration of
medication in the treatment of venereal diseases, pregnancy, and family planning
services. It shall not include surgery or any treatment to induce abortion.
“Minor” shall be any person from the age of fourteen to seventeen inclusive.
43
HAW. REV. STAT. ANN. § 577A-2 (2012). CONSENT VALID
The consent to the provision of medical care and services by public and private hospitals
or public and private clinics, or the performance of medical care and services by a
physician licensed to practice medicine, when executed by a female minor who is or
professes to be pregnant, or by a minor who is or professes to be afflicted with a venereal
disease, or a minor seeking family planning services shall be valid and binding as if the
minor had achieved his or her majority as the case may be; that is, a female minor who is,
or professes to be pregnant, or a minor who is, or professes to be afflicted with a venereal
disease, or a minor seeking family planning services shall be deemed to have, and shall
have the same legal capacity to act, and the same legal obligations with regard to the
giving of such consent to such hospitals and such clinics or medical care and services to
be provided by a physician licensed to practice medicine, as a person of full legal age and
capacity, the infancy of the minor and any contrary provisions of law notwithstanding,
and such consent shall not be subject to later disaffirmance by reason of such minority;
and the consent of no other person or persons (including, but not limited to a spouse,
parent, custodian, or guardian) shall be necessary in order to authorize such hospitals or
such clinics or medical care and services provided by a physician licensed to practice
medicine, to such a minor.
HAW. REV. STAT. ANN. § 577A-3 (2012). PROVIDING INFORMATION
Public and private hospitals, or public and private clinics or physicians licensed to
practice medicine may, at the discretion of the treating physician, inform the spouse,
parent, custodian, or guardian of any minor patient of the provision of medical care and
services to the minor or disclose any information pertaining to such care and services
after consulting with the minor patient to whom such medical care and services have been
provided under this chapter.
If the minor patient is not diagnosed as being pregnant or afflicted with venereal disease,
such information as well as the application for diagnosis may be disclosed, at the
discretion of the treating physician after consulting with the minor patient.
HAW. REV. STAT. ANN. § 577A-4 (2012). FINANCIAL RESPONSIBILITY; COUNSELING
(a) If a minor consents to receive medical care and services, the spouse, parent, custodian,
or guardian of the minor patient shall not be liable for the legal obligations resulting from
the furnishing of medical care and services provided by the public and private hospital, or
public and private clinic or physician licensed to practice medicine. A minor who
consents to the provision of medical care and services under this section shall assume
financial responsibility for the costs of such medical care and services. Any other law to
the contrary notwithstanding, no spouse, parent, custodian, or guardian whose consent
has not been obtained or who has no prior knowledge that the minor has consented to the
44
provision of such medical care and services shall be liable for the costs incurred by virtue
of the minor's consent.
(b) Medical care and services shall include individual counseling for each minor patient
by a physician licensed to practice medicine. Such counseling shall seek to open the lines
of communication between parent and child.
HAW. REV. STAT. ANN. § 577D-1 (2012). DEFINITIONS
For the purposes of this chapter, the following terms shall be defined as follows:
“Licensed health care practitioner” includes dentists licensed under chapter 448,
physicians licensed under chapter 453, physician assistants licensed under chapter 453,
and advanced practice registered nurses licensed under chapter 457.
“Minor without support” means a person who is at least fourteen years of age but less
than eighteen years of age who is not under the care, supervision, or control of a parent,
custodian, or legal guardian.
“Primary medical care and services” means health services that include screening,
counseling, immunizations, medication, and treatment of illnesses and medical conditions
customarily provided by licensed health care practitioners in an outpatient setting. As
used in this chapter, “primary medical care and services” does not include invasive care,
such as surgery, that goes beyond standard injections, laceration care, or treatment of
simple abscesses.
HAW. REV. STAT. ANN. § 577D-2 (2012). CONSENT TO PRIMARY MEDICAL CARE AND
SERVICES
(a) A licensed health care practitioner may provide primary medical care and services to a
minor who consents to the primary medical care and services if the physician reasonably
believes that:
(1) The minor understands the significant benefits and risks of the proposed
primary medical care and services and can communicate an informed consent;
(2) The primary medical care and services are for the minor's benefit; and
(3) The minor is a “minor without support”, as defined in section 577D-1.
(b) Any consent given under this section shall be valid and binding as if the minor had
reached the age of majority and the minor shall be deemed to have, and shall have the
same legal capacity to act, and the same legal obligations with regard to the giving of an
45
informed consent, as a person of full legal age and capacity, the infancy of the minor and
any contrary provisions of law notwithstanding.
(c) The consent given under this section shall not be subject to later disaffirmance by
reason of the patient's minority.
(d) No consent of any other person, including a spouse, parent, custodian, or guardian,
shall be necessary to authorize a licensed health care practitioner to provide primary
medical care and services to a minor without support under this section.
(e) Any licensed health care practitioner who in good faith renders primary medical care
and services to a minor without support in accordance with the requirements of
subsection (a) shall have immunity from any civil or criminal liability based on that
determination; provided that a licensed health care practitioner whose determination
under subsection (a) is the result of gross negligence or wilful or wanton acts or
omissions shall be liable for damages suffered by the minor resulting from the gross
negligence or wilful or wanton acts or omissions.
(f) If a minor without support consents to receive primary medical care and services, the
spouse, parent, custodian, or guardian of the minor shall not be liable for the legal
obligations resulting from the primary medical care and services provided by a licensed
health care practitioner. A minor without support who consents to the provision of
primary medical care and services under this chapter shall assume financial responsibility
for the costs of the primary medical care and services. Notwithstanding any other law to
the contrary, a spouse, parent, custodian, or guardian whose consent has not been
obtained or who has no prior knowledge that a minor without support has consented to
the provision of primary medical care and services shall not be liable for the costs
incurred by virtue of the minor's consent.
(g) No licensed health care practitioner shall be held liable for treating a minor patient
who has misrepresented that he or she is a minor without support.
(h) Notwithstanding any other law to the contrary, an action to recover any debt founded
upon any contract, obligation, or liability made pursuant to this chapter shall not
commence until the minor without support has reached the age of majority; provided that
any action shall commence within two years of the date the minor reaches the age of
majority.
(i) If a claim for primary medical care or services obtained under this chapter is filed with
a managed care plan or health insurance plan under which a minor without support is
enrolled, and the minor does not want the plan to disclose information regarding the
claim to a spouse, parent, custodian, or guardian, the minor, or the licensed health care
practitioner rendering the primary medical care and services on behalf of the minor, shall
so notify the plan prior to submitting the claim. The plan may require that the request for
confidential communication be made in writing and that it contain a statement that
disclosure of all or part of the information to which the request pertains could endanger
46
the minor. The plan shall have fourteen days to make any changes necessary to comply
with the request for confidentiality. The plan may accommodate requests by the minor or
the licensed health care practitioner to receive communications related to the primary
medical care and services by alternative means or at alternative locations.
IDAHO
IDAHO CODE ANN. § 18-609A (2012). CONSENT REQUIRED FOR ABORTIONS FOR
MINORS
(1) Except as otherwise provided in this section, a person shall not knowingly perform an
abortion on a pregnant unemancipated minor unless the attending physician has secured
the written consent from one (1) of the minor's parents or the minor's guardian or
conservator.
(2) A judge of the district court shall, on petition or motion, and after an appropriate
hearing, authorize a physician to perform the abortion if the judge determines, by clear
and convincing evidence, that:
(a) The pregnant minor is mature and capable of giving informed consent to the
proposed abortion; or
(b) The performance of an abortion would be in her best interests.
(3) The pregnant minor may participate in the court proceedings on her own behalf. The
court may appoint a guardian ad litem for her. The court shall provide her with counsel
unless she appears through private counsel.
(4) Proceedings in the court under this section shall be closed and have precedence over
other pending matters. A judge who conducts proceedings under this section shall make
in writing specific factual findings and legal conclusions supporting the decision and
shall order a confidential record of the evidence to be maintained including the judge's
own findings and conclusions. The minor may file the petition using a fictitious name.
All records contained in court files of judicial proceedings arising under the provisions of
this section shall be confidential and exempt from disclosure pursuant to section 9-340G,
Idaho Code. Dockets and other court records shall be maintained and court proceedings
undertaken so that the names and identities of the parties to actions brought pursuant to
this section will not be disclosed to the public.
(5) The court shall hold the hearing within forty-eight (48) hours, excluding weekends
and holidays, after the petition is filed, and shall issue its ruling at the conclusion of the
hearing. If the court fails to issue its ruling at the conclusion of the hearing, the petition is
deemed to have been granted and the consent requirement is waived.
47
(6) An expedited confidential appeal is available to a pregnant minor for whom the court
denies an order authorizing an abortion without parental consent. A minor shall file her
notice of appeal within five (5) days, excluding weekends and holidays, after her petition
was denied by the district court. The appellate court shall hold the hearing within forty-
eight (48) hours, excluding weekends and holidays, after the notice of appeal is filed and
shall issue its ruling at the conclusion of the hearing. If the appellate court fails to issue
its ruling at the conclusion of the hearing, the petition is deemed to have been granted and
the consent requirement is waived. Filing fees are not required of the pregnant minor at
either the district court or the appellate level.
(7) Parental consent or judicial authorization is not required under this section if either:
(a) The pregnant minor certifies to the attending physician that the pregnancy
resulted from rape as defined in section 18-6101, Idaho Code, excepting
subsections (1) and (2) thereof, or sexual conduct with the minor by the minor's
parent, stepparent, uncle, grandparent, sibling, adoptive parent, legal guardian or
foster parent.
(b) A medical emergency exists for the minor and the attending physician records
the symptoms and diagnosis upon which such judgment was made in the minor's
medical record.
IDAHO CODE ANN. § 39-3801 (2012). INFECTIOUS, CONTAGIOUS, OR COMMUNICABLE
DISEASE--MEDICAL TREATMENT OF MINOR 14 YEARS OF AGE OR OLDER--CONSENT OF
PARENTS OR GUARDIAN UNNECESSARY
Notwithstanding any other provision of law, a minor fourteen (14) years of age or older
who may have come into contact with any infectious, contagious, or communicable
disease may give consent to the furnishing of hospital, medical and surgical care related
to the diagnosis or treatment of such disease, if the disease or condition is one which is
required by law, or regulation adopted pursuant to law, to be reported to the local health
officer. Such consent shall not be subject to disaffirmance because of minority. The
consent of the parent, parents, or legal guardian of such minor shall not be necessary to
authorize hospital, medical and surgical care related to such disease and such parent,
parents, or legal guardian shall not be liable for payment for any care rendered pursuant
to this section.
ILLINOIS
410 ILL. COMP. STAT. ANN. 210/1 (2012). CONSENT BY MINOR
§ 1. Consent by minor. The consent to the performance of a medical or surgical
procedure by a physician licensed to practice medicine and surgery executed by a married
48
person who is a minor, by a parent who is a minor, by a pregnant woman who is a minor,
or by any person 18 years of age or older, is not voidable because of such minority, and,
for such purpose, a married person who is a minor, a parent who is a minor, a pregnant
woman who is a minor, or any person 18 years of age or older, is deemed to have the
same legal capacity to act and has the same powers and obligations as has a person of
legal age.
410 ILL. COMP. STAT. ANN. 210/2 (2012). MEDICAL OR SURGERY PROCEDURE;
CONSENT BY PARENT
§ 2. Any parent, including a parent who is a minor, may consent to the performance upon
his or her child of a medical or surgical procedure by a physician licensed to practice
medicine and surgery or a dental procedure by a licensed dentist. The consent of a parent
who is a minor shall not be voidable because of such minority, but, for such purpose, a
parent who is a minor shall be deemed to have the same legal capacity to act and shall
have the same powers and obligations as has a person of legal age.
410 ILL. COMP. STAT. ANN. 210/3 (2012). SITUATIONS WHERE CONSENT NEED NOT BE
OBTAINED
(a) Where a hospital or a physician, licensed to practice medicine or surgery, renders
emergency treatment or first aid or a licensed dentist renders emergency dental treatment
to a minor, consent of the minor's parent or legal guardian need not be obtained if, in the
sole opinion of the physician, dentist or hospital, the obtaining of consent is not
reasonably feasible under the circumstances without adversely affecting the condition of
such minor's health.
(b) Where a minor is the victim of a predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual
abuse or criminal sexual abuse, as provided in Sections 12-13 through 12-16 of the
Criminal Code of 1961, as now or hereafter amended, the consent of the minor's parent or
legal guardian need not be obtained to authorize a hospital, physician or other medical
personnel to furnish medical care or counseling related to the diagnosis or treatment of
any disease or injury arising from such offense. The minor may consent to such
counseling, diagnosis or treatment as if the minor had reached his or her age of majority.
Such consent shall not be voidable, nor subject to later disaffirmance, because of
minority.
410 ILL. COMP. STAT. ANN. 210/4 (2012). SEXUALLY TRANSMITTED DISEASE; DRUG OR
ALCOHOL ABUSE
§ 4. Sexually transmitted disease; drug or alcohol abuse. Notwithstanding any other
provision of law, a minor 12 years of age or older who may have come into contact with
any sexually transmitted disease, or may be determined to be an addict, an alcoholic or an
intoxicated person, as defined in the Alcoholism and Other Drug Abuse and Dependency
Act, or who may have a family member who abuses drugs or alcohol, may give consent
49
to the furnishing of medical care or counseling related to the diagnosis or treatment of the
disease. Each incident of sexually transmitted disease shall be reported to the State
Department of Public Health or the local board of health in accordance with regulations
adopted under statute or ordinance. The consent of the parent, parents, or legal guardian
of a minor shall not be necessary to authorize medical care or counseling related to the
diagnosis or treatment of sexually transmitted disease or drug use or alcohol consumption
by the minor or the effects on the minor of drug or alcohol abuse by a member of the
minor's family. The consent of the minor shall be valid and binding as if the minor had
achieved his or her majority. The consent shall not be voidable nor subject to later
disaffirmance because of minority.
Anyone involved in the furnishing of medical care to the minor or counseling related to
the diagnosis or treatment of the minor's disease or drug or alcohol use by the minor or a
member of the minor's family shall, upon the minor's consent, make reasonable efforts, to
involve the family of the minor in his or her treatment, if the person furnishing treatment
believes that the involvement of the family will not be detrimental to the progress and
care of the minor. Reasonable effort shall be extended to assist the minor in accepting the
involvement of his or her family in the care and treatment being given.
410 ILL. COMP. STAT. ANN. 210/5 (2012). COUNSELING; INFORMING PARENT OR
GUARDIAN
§ 5. Counseling; informing parent or guardian. Any physician who provides diagnosis or
treatment or any licensed clinical psychologist or professionally trained social worker
with a master's degree or any qualified person employed (i) by an organization licensed
or funded by the Department of Human Services, (ii) by units of local government, or
(iii) by agencies or organizations operating drug abuse programs funded or licensed by
the Federal Government or the State of Illinois or any qualified person employed by or
associated with any public or private alcoholism or drug abuse program licensed by the
State of Illinois who provides counseling to a minor patient who has come into contact
with any sexually transmitted disease referred to in Section 4 of this Act may, but shall
not be obligated to, inform the parent, parents, or guardian of the minor as to the
treatment given or needed. Any person described in this Section who provides counseling
to a minor who abuses drugs or alcohol or has a family member who abuses drugs or
alcohol shall not inform the parent, parents, guardian, or other responsible adult of the
minor's condition or treatment without the minor's consent unless that action is, in the
person's judgment, necessary to protect the safety of the minor, a family member, or
another individual.
Any such person shall, upon the minor's consent, make reasonable efforts to involve the
family of the minor in his or her treatment, if the person furnishing the treatment believes
that the involvement of the family will not be detrimental to the progress and care of the
minor. Reasonable effort shall be extended to assist the minor in accepting the
involvement of his or her family in the care and treatment being given.
50
INDIANA
IND. CODE ANN. § 16-36-1-3 (2012). CONSENT TO OWN HEALTH CARE; MINORS
(a) Except as provided in subsections (b) through (d), unless incapable of consenting
under section 4 of this chapter, an individual may consent to the individual's own health
care if the individual is:
(1) an adult; or
(2) a minor and:
(A) is emancipated;
(B) is:
(i) at least fourteen (14) years of age;
(ii) not dependent on a parent for support;
(iii) living apart from the minor's parents or from an individual in
loco parentis; and
(iv) managing the minor's own affairs;
(C) is or has been married;
(D) is in the military service of the United States; or
(E) is authorized to consent to the health care by any other statute.
(b) A person at least seventeen (17) years of age is eligible to donate blood in a voluntary
and noncompensatory blood program without obtaining parental permission.
(c) A person who is sixteen (16) years of age is eligible to donate blood in a voluntary
and noncompensatory blood program if the person has obtained written permission from
the person's parent.
(d) An individual who has, suspects that the individual has, or has been exposed to a
venereal disease is competent to give consent for medical or hospital care or treatment of
the individual.
51
IOWA
IOWA CODE § 139A.35 (2012). MINORS
A minor shall have the legal capacity to act and give consent to provision of medical care
or services to the minor for the prevention, diagnosis, or treatment of a sexually
transmitted disease or infection by a hospital, clinic, or health care provider. Such
medical care or services shall be provided by or under the supervision of a physician
licensed to practice medicine and surgery or osteopathic medicine and surgery, a
physician assistant, or an advanced registered nurse practitioner. Consent shall not be
subject to later disaffirmance by reason of such minority. The consent of another person,
including but not limited to the consent of a spouse, parent, custodian, or guardian, shall
not be necessary.
IOWA CODE § 599.1 (2012). PERIOD OF MINORITY--EXCEPTION FOR CERTAIN INMATES
The period of minority extends to the age of eighteen years, but all minors attain their
majority by marriage.
A person who is less than eighteen years old, but who is tried, convicted, and sentenced
as an adult and committed to the custody of the director of the department of corrections
shall be deemed to have attained the age of majority for purposes of making decisions
and giving consent to medical care, related services, and treatment during the period of
the person's incarceration.
IOWA CODE § 135L.1 (2012). DEFINITIONS
As used in this chapter unless the context otherwise requires:
1. “Abortion” means an abortion as defined in chapter 146.
2. “Adult” means a person eighteen years of age or older.
3. “Child-placing agency” means any agency, public, semipublic, or private, which
represents itself as placing children, receiving children for placement, or actually
engaging in placement of children and includes the department of human services.
4. “Court” means the juvenile court.
5. “Grandparent” means the parent of an individual who is the parent of the pregnant
minor.
6. “Medical emergency” means a condition which, based upon a physician's judgment,
necessitates an abortion to avert the pregnant minor's death, or for which a delay will
create a risk of serious impairment of a major bodily function.
52
7. “Minor” means a person under eighteen years of age who has not been and is not
married.
8. “Parent” means one parent or a legal guardian or custodian of a pregnant minor.
9. “Responsible adult” means an adult, who is not associated with an abortion provider,
chosen by a pregnant minor to assist the minor in the decision-making process
established in this chapter.
IOWA CODE § 135L.3 (2012). NOTIFICATION OF PARENT PRIOR TO THE PERFORMANCE
OF ABORTION ON A PREGNANT MINOR--REQUIREMENTS--CRIMINAL PENALTY
1. A licensed physician shall not perform an abortion on a pregnant minor until at least
forty-eight hours' prior notification is provided to a parent of the pregnant minor.
2. The licensed physician who will perform the abortion shall provide notification in
person or by mailing the notification by restricted certified mail to a parent of the
pregnant minor at the usual place of abode of the parent. For the purpose of delivery by
restricted certified mail, the time of delivery is deemed to occur at twelve o'clock noon on
the next day on which regular mail delivery takes place, subsequent to the mailing.
3. If the pregnant minor objects to the notification of a parent prior to the performance of
an abortion on the pregnant minor, the pregnant minor may petition the court to authorize
waiver of the notification requirement pursuant to this section in accordance with the
following procedures:
a. The court shall ensure that the pregnant minor is provided with assistance in
preparing and filing the petition for waiver of notification and shall ensure that the
pregnant minor's identity remains confidential.
b. The pregnant minor may participate in the court proceedings on the pregnant
minor's own behalf. The court may appoint a guardian ad litem for the pregnant
minor and the court shall appoint a guardian ad litem for the pregnant minor if the
pregnant minor is not accompanied by a responsible adult or if the pregnant minor
has not viewed the video as provided pursuant to section 135L.2. In appointing a
guardian ad litem for the pregnant minor, the court shall consider a person
licensed to practice psychology pursuant to chapter 154B, a licensed social
worker pursuant to chapter 154C, a licensed marital and family therapist pursuant
to chapter 154D, or a licensed mental health counselor pursuant to chapter 154D
to serve in the capacity of guardian ad litem. The court shall advise the pregnant
minor of the pregnant minor's right to court-appointed legal counsel, and shall,
upon the pregnant minor's request, provide the pregnant minor with court-
appointed legal counsel, at no cost to the pregnant minor.
53
c. The court proceedings shall be conducted in a manner which protects the
confidentiality of the pregnant minor and notwithstanding section 232.147 or any
other provision to the contrary, all court documents pertaining to the proceedings
shall remain confidential and shall be sealed. Only the pregnant minor, the
pregnant minor's guardian ad litem, the pregnant minor's legal counsel, and
persons whose presence is specifically requested by the pregnant minor, by the
pregnant minor's guardian ad litem, or by the pregnant minor's legal counsel may
attend the hearing on the petition.
d. Notwithstanding any law or rule to the contrary, the court proceedings under
this section shall be given precedence over other pending matters to ensure that
the court reaches a decision expeditiously.
e. Upon petition and following an appropriate hearing, the court shall waive the
notification requirements if the court determines either of the following:
(1) That the pregnant minor is mature and capable of providing informed
consent for the performance of an abortion.
(2) That the pregnant minor is not mature, or does not claim to be mature,
but that notification is not in the best interest of the pregnant minor.
f. The court shall issue specific factual findings and legal conclusions, in writing,
to support the decision.
g. Upon conclusion of the hearing, the court shall immediately issue a written
order which shall be provided immediately to the pregnant minor, the pregnant
minor's guardian ad litem, the pregnant minor's legal counsel, or to any other
person designated by the pregnant minor to receive the order.
h. An expedited, confidential appeal shall be available to a pregnant minor for
whom the court denies a petition for waiver of notification. An order granting the
pregnant minor's application for waiver of notification is not subject to appeal.
Access to the appellate courts for the purpose of an appeal under this section shall
be provided to a pregnant minor twenty-four hours a day, seven days a week.
i. A pregnant minor who chooses to utilize the waiver of notification procedures
under this section shall not be required to pay a fee at any level of the
proceedings. Fees charged and court costs taxed in connection with a proceeding
under this section are waived.
j. If the court denies the petition for waiver of notification and if the decision is
not appealed or all appeals are exhausted, the court shall advise the pregnant
minor that, upon the request of the pregnant minor, the court will appoint a
licensed marital and family therapist to assist the pregnant minor in addressing
any intrafamilial problems. All costs of services provided by a court-appointed
54
licensed marital and family therapist shall be paid by the court through the
expenditure of funds appropriated to the judicial branch.
k. Venue for proceedings under this section is in any court in the state.
l. The supreme court shall prescribe rules to ensure that the proceedings under this
section are performed in an expeditious and confidential manner. The rules shall
require that the hearing on the petition shall be held and the court shall rule on the
petition within forty-eight hours of the filing of the petition. If the court fails to
hold the hearing and rule on the petition within forty-eight hours of the filing of
the petition and an extension is not requested, the petition is deemed granted and
waiver of the notification requirements is deemed authorized. The court shall
immediately provide documentation to the pregnant minor and to the pregnant
minor's legal counsel if the pregnant minor is represented by legal counsel,
demonstrating that the petition is deemed granted and that waiver of the
notification requirements is deemed authorized. Resolution of a petition for
authorization of waiver of the notification requirement shall be completed within
ten calendar days as calculated from the day after the filing of the petition to the
day of issuance of any final decision on appeal.
m. The requirements of this section regarding notification of a parent of a
pregnant minor prior to the performance of an abortion on a pregnant minor do
not apply if any of the following applies:
(1) The abortion is authorized in writing by a parent entitled to
notification.
(2)(a) The pregnant minor declares, in a written statement submitted to the
attending physician, a reason for not notifying a parent and a reason for
notifying a grandparent of the pregnant minor in lieu of the notification of
a parent. Upon receipt of the written statement from the pregnant minor,
the attending physician shall provide notification to a grandparent of the
pregnant minor, specified by the pregnant minor, in the manner in which
notification is provided to a parent.
(b) The notification form shall be in duplicate and shall include
both of the following:
(i) A declaration which informs the grandparent of the
pregnant minor that the grandparent of the pregnant minor
may be subject to civil action if the grandparent accepts
notification.
(ii) A provision that the grandparent of the pregnant minor
may refuse acceptance of notification.
55
(3) The pregnant minor's attending physician certifies in writing that a
medical emergency exists which necessitates the immediate performance
of an abortion, and places the written certification in the medical file of the
pregnant minor.
(4) The pregnant minor declares that the pregnant minor is a victim of
child abuse pursuant to section 232.68, the person responsible for the care
of the child is a parent of the child, and either the abuse has been reported
pursuant to the procedures prescribed in chapter 232, division III, part 2,
or a parent of the child is named in a report of founded child abuse. The
department of human services shall maintain confidentiality under chapter
232 and shall not release any information in response to a request for
public records, discovery procedures, subpoena, or any other means,
unless the release of information is expressly authorized by the pregnant
minor regarding the pregnant minor's pregnancy and abortion, if the
abortion is obtained. A person who knowingly violates the confidentiality
provisions of this subparagraph is guilty of a serious misdemeanor.
(5) The pregnant minor declares that the pregnant minor is a victim of
sexual abuse as defined in chapter 709 and has reported the sexual abuse
to law enforcement.
n. A licensed physician who knowingly performs an abortion in violation of this
section is guilty of a serious misdemeanor.
o. All records and files of a court proceeding maintained under this section shall
be destroyed by the clerk of court when one year has elapsed from any of the
following, as applicable:
(1) The date that the court issues an order waiving the notification
requirements.
(2) The date after which the court denies the petition for waiver of
notification and the decision is not appealed.
(3) The date after which the court denies the petition for waiver of
notification, the decision is appealed, and all appeals are exhausted.
p. A person who knowingly violates the confidentiality requirements of this
section relating to court proceedings and documents is guilty of a serious
misdemeanor.
KANSAS
56
KAN. STAT. ANN. § 38-122 (2012). CONSENT BY PARENT FOR SURGERY AND OTHER
PROCEDURES ON CHILD
Any parent, including a parent who is a minor, whether married or unmarried, may
consent to the performance upon his or her child of a medical, surgical or post mortem
procedure by a physician licensed to practice medicine or surgery. The consent of a
parent who is a minor shall not be voidable because of such minority, but for such
purpose a parent who is a minor shall be deemed to have the same legal capacity to act
and shall have the same powers and obligations as has a person of legal age.
KAN. STAT. ANN. § 38-123 (2012). CONSENT FOR MEDICAL CARE OF UNMARRIED
PREGNANT MINOR
Notwithstanding any other provision of the law, an unmarried pregnant minor where no
parent or guardian is available may give consent to the furnishing of hospital, medical
and surgical care related to her pregnancy, and such consent shall not be subject to
disaffirmance because of minority. The consent of a parent or guardian of an unmarried
pregnant minor shall not be necessary in order to authorize hospital, medical and surgical
care related to her pregnancy, where no parent or guardian is available.
KAN. STAT. ANN. §38-123A (2012). DONATION OF BLOOD BY PERSONS OVER 16;
COMPENSATION
Any person 16 years of age or older shall be eligible to donate blood voluntarily without
the necessity of obtaining parental permission or authorization. No person 16 or 17 years
of age shall receive compensation for any such donation without parental permission or
authorization.
KAN. STAT. ANN. § 38-123B (2012). CONSENT BY MINOR 16 OR OVER TO HOSPITAL,
MEDICAL OR SURGICAL TREATMENT OR PROCEDURES
Notwithstanding any other provision of the law, any minor sixteen (16) years of age or
over, where no parent or guardian is immediately available, may give consent to the
performance and furnishing of hospital, medical or surgical treatment or procedures and
such consent shall not be subject to disaffirmance because of minority. The consent of a
parent or guardian of such a minor shall not be necessary in order to authorize the
proposed hospital, medical or surgical treatment or procedures.
LOUISIANA
LA. REV. STAT. ANN. § 40:1095 (2012). MEDICAL TREATMENT
A. (1) Consent to the provision of medical or surgical care or services by a hospital or
public clinic, or to the performance of medical or surgical care or services by a physician,
57
licensed to practice medicine in this state, when executed by a minor who is or believes
himself to be afflicted with an illness or disease, shall be valid and binding as if the minor
had achieved his majority. Any such consent shall not be subject to a later disaffirmance
by reason of his minority.
(2) A minor may consent to medical care or the administration of medication by a
hospital licensed to provide hospital services or by a physician licensed to practice
medicine in this state for the purpose of alleviating or reducing pain, discomfort,
or distress of and during labor and childbirth. The manner of administration of
medications includes but is not limited to intravenous, intramuscular, epidural,
and spinal. This consent shall be valid and binding as if the minor had achieved
her majority, and it shall not be subject to a later disaffirmance by reason of her
minority.
B. The consent of a spouse, parent, guardian, or any other person standing in a fiduciary
capacity to the minor shall not be necessary in order to authorize such hospital care or
services or medical or surgical care or services, or administration of drugs to be provided
by a physician licensed to practice medicine to such a minor.
C. Upon the advice and direction of a treating physician, or, in the case of a medical staff,
any one of them, a physician or member of a medical staff may, but shall not be obligated
to, inform the spouse, parent or guardian of any such minor as to the treatment given or
needed, and such information may be given to, or withheld from the spouse, parent or
guardian without the consent and over the express objection of the minor.
D. No hospital and no physician licensed to practice medicine in this state shall incur
civil or criminal liability in connection with any examination, diagnosis and treatment
authorized by this section except for negligence.
LA. REV. STAT. ANN. § 40:1096(2012). TREATMENT FOR DRUG ABUSE
A. Consent to the provision of medical or surgical care or services by a hospital or public
clinic, or to the performance of medical or surgical care or services by a physician,
licensed to practice medicine in this state, when executed by a minor who is or believes
himself to be addicted to a narcotic or other drug, shall be valid and binding as if the
minor had achieved his majority. Any such consent shall not be subject to a later
disaffirmance by reason of his minority.
B. The consent of a spouse, parent, guardian or any other person standing in a fiduciary
capacity to the minor shall not be necessary in order to authorize such hospital care or
services or medical or surgical care or services to be provided by a physician licensed to
practice medicine to such a minor.
C. Upon the advice and direction of a treating physician, or, in the case of a medical staff,
any one of them, a physician or member of a medical staff may, but shall not be obligated
to, inform the spouse, parent or guardian of any such minor as to the treatment given or
58
needed, and such information may be given to, or withheld from the spouse, parent or
guardian without the consent and over the express objection of the minor.
D. No hospital and no physician licensed to practice medicine in this state shall incur
civil or criminal liability in connection with any examination, diagnosis and treatment
authorized by this section except for negligence.
LA. REV. STAT. ANN. § 40:1097 (2012). DONATION OF BLOOD
A. Notwithstanding any other provision of the laws of the state of Louisiana, a minor
may give consent to the donation of his blood and to the penetration of tissue necessary to
accomplish such donation if either of the following criteria is satisfied:
(1) The minor has reached the age of sixteen years and the written consent of the
parents, legal guardian, or person who has legal authority to consent on behalf of
the minor has been obtained.
(2) The minor has reached the age of seventeen years. The consent of the parents
or guardian of a minor who has reached the age of seventeen years shall not be
required.
B. No minor shall be compensated for the donation of his blood.
C. Consent which is obtained pursuant to this Section shall not be subject to deferments
because of minority.
LA. REV. STAT. ANN. § 40:1098.2 (2012). DEFINITIONS
As used in this Subpart, the following terms shall have the following meanings:
(1) “Child” means an unmarried individual under the age of eighteen.
(2) “Facility” means an entity licensed by the Department of Health and Hospitals that
provides a broad range of diagnostic, treatment, and rehabilitation services on both a
scheduled and nonscheduled basis in an accessible residential or nonresidential setting by
qualified professionals to persons and their families in need of counseling or treatment
related to alcohol abuse and alcoholism, or drug abuse, or both.
(3) “Parent” shall be defined as provided in Ch.C. Article 116.
(4) “Preventive alcoholism and addiction counseling”, hereinafter referred to as
“preventive counseling”, means services, general guidance and support, or service
coordination, including but not limited to individual and group counseling, support
services, and education about alcohol and other drugs and their effects, which are
provided by a qualified professional to prevent a child from developing or suffering from
59
alcoholism, alcohol or drug addiction, alcohol or drug abuse, or related physical,
emotional, or mental health problems.
(5) “Qualified professional” shall include:
(a) A certified substance abuse counselor or certified prevention counselor.
(b) A licensed clinical social worker, psychologist licensed under R.S. 37:2351 et
seq., medical psychologist licensed under R.S. 37:1360.51 et seq., physician
licensed to practice medicine by the Louisiana State Board of Medical Examiners,
or licensed professional counselor.
(c) A substance abuse counselor in training or prevention counselor in training
with approved supervision from a certified substance abuse counselor, licensed
clinical social worker, licensed professional counselor, or certified prevention
counselor.
(d) A teacher or other educational professional with specialized training in
substance abuse, as outlined by the office of alcohol and drug abuse.
(e) A registered nurse who has at least one year of experience in the treatment of
alcoholism, addiction, or other alcohol and drug-related problems.
(6) “School” means any public elementary or secondary school in the state of Louisiana
operated by a city or parish school board or any nonpublic school approved by the State
Board of Elementary and Secondary Education.
(7) “Treatment” means an active effort to accomplish an improvement in the mental
condition or behavior of a child or to prevent deterioration in his condition or behavior as
it relates to drug or alcohol abuse. Treatment includes but is not limited to hospitalization,
partial hospitalization, outpatient services, examination, diagnosis, training, the use of
pharmaceuticals, and other services as necessary to treat such abuse.
LA. REV. STAT. ANN. § 40:1098.3 (2012). CONSENT REQUIREMENTS
A. A school or a facility may provide preventive counseling or treatment to a child
without parental consent if all of the following conditions are met:
(1) The child requests such preventive counseling or treatment.
(2) The child withholds permission to contact a parent or parents to seek consent.
(3) A qualified professional reasonably determines in good faith and based on
independent evidence that seeking parental consent would not be helpful and
would be harmful to the child.
60
(4) The child provides a statement of his or her reason for seeking preventive
counseling or treatment and provides written consent for such services.
B. When requesting a child's written consent for providing preventive counseling or
treatment, the school or facility shall comply with all of the following:
(1) Advise the child of the purpose and nature of the preventive counseling or
treatment.
(2) Inform the child that the school or facility will maintain a confidential written
record of the services provided.
(3) Inform the child that he or she may withdraw consent and cease participating
in the preventive counseling or treatment at any time.
LA. REV. STAT. ANN. § 40:1065.1 (2012). MINOR'S CONSENT FOR TREATMENT OF
VENEREAL DISEASES
A. Consent to the provision of medical or surgical care or services by a hospital or public
clinic, or to the performance of medical or surgical care or services by a physician,
licensed to practice medicine in this state, when executed by a minor who is or believes
himself to be afflicted with a venereal disease, shall be valid and binding as if the minor
had achieved his majority. Any such consent shall not be subject to a later disaffirmance
by reason of his minority.
B. The consent of a spouse, parent, guardian or any other person standing in a fiduciary
capacity to the minor shall not be necessary in order to authorize such hospital care or
services or medical or surgical care or services to be provided by a physician licensed to
practice medicine to such a minor.
C. Upon the advice and direction of a treating physician, or, in the case of a medical staff,
any one of them, a physician or member of a medical staff may, but shall not be obligated
to, inform the spouse, parent or guardian of any such minor as to the treatment given or
needed, and such information may be given to, or withheld from the spouse, parent or
guardian without the consent and over the express objection of the minor.
D. No physician licensed to practice medicine in this state shall incur civil or criminal
liability in connection with any examination, diagnosis and treatment authorized by this
section except for negligence.
MAINE
ME. REV. STAT. ANN. TIT. 22, § 1501 (2012). DEFINITIONS
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As used in this chapter, unless the context otherwise indicates, the following terms have
the following meanings.
1. Health care practitioner. “Health care practitioner” has the same meaning as set forth
in Title 24, section 2502, subsection 1-A.
2. Health care provider. “Health care provider” has the same meaning as set forth in
Title 24, section 2502, subsection 2.
3. Minor. “Minor” means a person under 18 years of age.
ME. REV. STAT. ANN. TIT. 22, § 1502 (2012). CONSENT
In addition to the ability to consent to treatment for health services as provided in
sections 1823 and 1908 and Title 32, sections 2595, 3292, 3817, 6221 and 7004, a minor
may consent to treatment for abuse of alcohol or drugs or for emotional or psychological
problems.
ME. REV. STAT. ANN. TIT. 22, § 1502-A (2012). CONSENT TO GIVE BLOOD
A minor may consent to give blood if the minor is at least 17 years of age,
notwithstanding any other provision of law.
ME. REV. STAT. ANN. TIT. 22, § 1503 (2012). AUTHORITY
A minor may give consent to all medical, mental, dental and other health counseling and
services if the minor:
1. Living separately; independent of parental support. Has been living
separately from parents or legal guardians for at least 60 days and is independent
of parental support;
2. Married. Is or was legally married;
3. Armed Forces. Is or was a member of the Armed Forces of the United States;
or
4. Emancipated. Has been emancipated by the court pursuant to Title 15, section
3506-A.
ME. REV. STAT. ANN. TIT. 22, § 1505 (2012). CONFIDENTIALITY; NOTIFICATION
62
1. Confidentiality. Except as otherwise provided by law, a minor who may consent to
health care services, as provided in this chapter or by other provision of law, is entitled to
the same confidentiality afforded to adults.
2. Parental notification. A health care practitioner or health care provider may notify the
parent or guardian of a minor who has sought health care under this chapter if, in the
judgment of the practitioner or provider, failure to inform the parent or guardian would
seriously jeopardize the health of the minor or would seriously limit the practitioner's or
provider's ability to provide treatment.
ME. REV. STAT. ANN. TIT. 22, § 1507 (2012). CONSENT FOR SEXUAL ASSAULT FORENSIC
EXAMINATION
Notwithstanding the limitations set forth in section 1503, a minor may consent to health
services associated with a sexual assault forensic examination to collect evidence after an
alleged sexual assault.
ME. REV. STAT. ANN. TIT. 32, § 2595 (2012). TREATMENT OF MINORS
An individual licensed under this chapter who renders medical care to a minor for
treatment of venereal disease or abuse of drugs or alcohol or for the collection of sexual
assault evidence through a sexual assault forensic examination is under no obligation to
obtain the consent of the minor's parent or guardian or to inform the parent or guardian of
the treatment. Nothing in this section may be construed so as to prohibit the licensed
individual rendering the treatment from informing the parent or guardian. For purposes of
this section, “abuse of drugs” means the use of drugs solely to induce a stimulant,
depressant or hallucinogenic effect upon the higher functions of the central nervous
system and not as a therapeutic agent recommended by a practitioner in the course of
medical treatment.
ME. REV. STAT. ANN. TIT. 32, § 3292 (2012). TREATMENT OF MINORS
An individual licensed under this chapter who renders medical care to a minor for
treatment of venereal disease or abuse of drugs or alcohol or for the collection of sexual
assault evidence through a sexual assault forensic examination is under no obligation to
obtain the consent of the minor's parent or guardian or to inform the parent or guardian of
the treatment. This section may not be construed to prohibit the licensed individual
rendering the treatment from informing the parent or guardian. For purposes of this
section, “abuse of drugs” means the use of drugs solely for their stimulant, depressant or
hallucinogenic effect upon the higher functions of the central nervous system and not as a
therapeutic agent recommended by a practitioner in the course of medical treatment.
ME. REV. STAT. ANN. TIT. 32, § 3817 (2012). SERVICES TO MINORS FOR DRUG ABUSE
63
Any person licensed under this chapter who renders psychological services to a minor for
problems associated with the abuse of drugs or alcohol is under no obligation to obtain
the consent of said minor's parent or guardian or to inform such parent or guardian of
such services. Nothing in this section shall be construed so as to prohibit the licensed
person rendering such services from informing such parent or guardian. For purposes of
this section “abuse of drugs” means the use of drugs solely for their stimulant, depressant
or hallucinogenic effect upon the higher functions of the central nervous system and not
as a therapeutic agent recommended by a practitioner in the course of medical treatment.
ME. REV. STAT. ANN. TIT. 32, § 6221 (2012). TREATMENT OF MINORS
Any person licensed under this chapter who renders counseling services to a minor for
the treatment of problems associated with the abuse of drugs or alcohol is under no
obligation to obtain the consent of that minor's parent or guardian or to inform that parent
or guardian of that treatment. Nothing in this section may be construed so as to prohibit
the licensed person rendering that treatment from informing that parent or guardian. For
the purposes of this section “abuse of drugs” means the use of drugs solely for their
stimulant, depressant or hallucinogenic effect upon the higher functions of the central
nervous system and not as a therapeutic agent recommended by a practitioner in the
course of medical treatment.
ME. REV. STAT. ANN. TIT. 32, § 7004 (2012). SERVICES TO MINORS FOR DRUG ABUSE
Any person licensed under this chapter who renders social work services to a minor for
problems associated with the abuse of drugs or alcohol is under no obligation to obtain
the consent of that minor's parent or guardian or to inform that parent or guardian of the
treatment. Nothing in this section may be construed so as to prohibit the licensed person
rendering this treatment from informing that parent or guardian. For purposes of this
section, “abuse of drugs” means the use of drugs solely for their stimulant, depressant or
hallucinogenic effect upon the higher functions of the central nervous system and not as a
therapeutic agent recommended by a practitioner in the course of medical treatment.
MARYLAND
MD. CODE ANN., HEALTHGEN. § 20-102 (2012). CONSENT TO MEDICAL TREATMENT
BY MINOR
Capacity to consent
(a) A minor has the same capacity as an adult to consent to medical or dental treatment if
the minor:
(1) Is married;
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(2) Is the parent of a child; or
(3)(i) Is living separate and apart from the minor's parent, parents, or guardian,
whether with or without consent of the minor's parent, parents, or guardian; and
(ii) Is self-supporting, regardless of the source of the minor's income.
Urgency of treatment
(b) A minor has the same capacity as an adult to consent to medical treatment if, in the
judgment of the attending physician, the life or health of the minor would be affected
adversely by delaying treatment to obtain the consent of another individual.
Substance abuse, sexual health treatment
(c) A minor has the same capacity as an adult to consent to:
(1) Treatment for or advice about drug abuse;
(2) Treatment for or advice about alcoholism;
(3) Treatment for or advice about venereal disease;
(4) Treatment for or advice about pregnancy;
(5) Treatment for or advice about contraception other than sterilization;
(6) Physical examination and treatment of injuries from an alleged rape or sexual offense;
(7) Physical examination to obtain evidence of an alleged rape or sexual offense; and
(8) Initial medical screening and physical examination on and after admission of the
minor into a detention center.
Refusal of treatment
(c-1) The capacity of a minor to consent to treatment for drug abuse or alcoholism under
subsection (c)(1) or (2) of this section does not include the capacity to refuse treatment
for drug abuse or alcoholism in an inpatient alcohol or drug abuse treatment program
certified under Title 8 of this article for which a parent or guardian has given consent.
Psychological treatment
(d) A minor has the same capacity as an adult to consent to psychological treatment as
specified under subsection (c)(1) and (2) of this section if, in the judgment of the
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attending physician or a psychologist, the life or health of the minor would be affected
adversely by delaying treatment to obtain the consent of another individual.
Civil liability
(e) A licensed health care practitioner who treats a minor is not liable for civil damages or
subject to any criminal or disciplinary penalty solely because the minor did not have
capacity to consent under this section.
Parental notification
(f) Without the consent of or over the express objection of a minor, a licensed health care
practitioner may, but need not, give a parent, guardian, or custodian of the minor or the
spouse of the parent information about treatment needed by the minor or provided to the
minor under this section, except information about an abortion.
MASSACHUSETTS
MASS. ANN. LAWS CH. 112, §12E (2012). DRUG DEPENDENT MINORS; CONSENT TO
MEDICAL CARE; LIABILITY FOR PAYMENT; RECORDS
A minor twelve years of age or older who is found to be drug dependent by two or more
physicians may give his consent to the furnishing of hospital and medical care related to
the diagnosis or treatment of such drug dependency. Such consent shall not be subject to
disaffirmance because of minority. The consent of the parent or legal guardian of such
minor shall not be necessary to authorize hospital and medical care related to such drug
dependency and, notwithstanding any provision of section fifty-four of chapter one
hundred and twenty-three to the contrary, such parent or legal guardian shall not be liable
for the payment of any care rendered pursuant to this section. Records shall be kept of
such care. The provisions of this section shall not apply to methadone maintenance
therapy.
MASS. ANN. LAWS CH. 112, § 12F (2012). EMERGENCY TREATEMENT OF MINORS
No physician, dentist or hospital shall be held liable for damages for failure to obtain
consent of a parent, legal guardian, or other person having custody or control of a minor
child, or of the spouse of a patient, to emergency examination and treatment, including
blood transfusions, when delay in treatment will endanger the life, limb, or mental well-
being of the patient.
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Any minor may give consent to his medical or dental care at the time such care is sought
if (i) he is married, widowed, divorced; or (ii) he is the parent of a child, in which case he
may also give consent to medical or dental care of the child; or (iii) he is a member of
any of the armed forces; or (iv) she is pregnant or believes herself to be pregnant; or (v)
he is living separate and apart from his parent or legal guardian, and is managing his own
financial affairs; or (vi) he reasonably believes himself to be suffering from or to have
come in contact with any disease defined as dangerous to the public health pursuant to
section six of chapter one hundred and eleven; provided, however, that such minor may
only consent to care which relates to the diagnosis or treatment of such disease.
Consent shall not be granted under subparagraphs (ii) through (vi), inclusive, for abortion
or sterilization.
Consent given under this section shall not be subject to later disaffirmance because of
minority. The consent of the parent or legal guardian shall not be required to authorize
such care and, notwithstanding any other provisions of law, such parent or legal guardian
shall not be liable for the payment for any care rendered pursuant to this section unless
such parent or legal guardian has expressly agreed to pay for such care.
No physician or dentist, nor any hospital, clinic or infirmary shall be liable, civilly and
criminally, for not obtaining the consent of the parent or legal guardian to render medical
or dental care to a minor, if, at the time such care was rendered, such person or facility:
(i) relied in good faith upon the representations of such minor that he is legally able to
consent to such treatment under this section; or (ii) relied in good faith upon the
representations of such minor that he is over eighteen years of age.
All information and records kept in connection with the medical or dental care of a minor
who consents thereto in accordance with this section shall be confidential between the
minor and the physician or dentist, and shall not be released except upon the written
consent of the minor or a proper judicial order. When the physician or dentist attending a
minor reasonably believes the condition of said minor to be so serious that his life or limb
is endangered, the physician or dentist shall notify the parents, legal guardian or foster
parents of said condition and shall inform the minor of said notification.
MASS. ANN. LAWS CH. 112 § 12S (2012). CONSENT TO ABORTION; FORM; PERSONS LESS
THAN EIGHTEEN YEARS OF AGE
No physician may perform an abortion upon a pregnant woman without first obtaining
her written informed consent. The commissioner of public health shall prescribe a form
for physicians to use in obtaining such consent. This form shall be written in a manner
designed to permit a person unfamiliar with medical terminology to understand its
purpose and content, and shall include the following information: a description of the
stage of development of the unborn child; the type of procedure which the physician
intends to use to perform the abortion; and the possible complications associated with the
use of the procedure and with the performance of the abortion itself; the availability of
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alternatives to abortion; and a statement that, under the law of the commonwealth, a
person's refusal to undergo an abortion does not constitute grounds for the denial of
public assistance. A pregnant woman seeking an abortion shall sign the consent form
described above at least twenty-four hours in advance of the time for which the abortion
is scheduled, except in an emergency requiring immediate action. She shall then return it
to the physician performing the abortion who shall maintain it in his files and destroy it
seven years after the date upon which the abortion is performed.
The said consent form and any other forms, transcript of evidence, or written findings and
conclusions of a court, shall be confidential and may not be released to any person except
by the pregnant woman's written informed consent or by a proper judicial order, other
than to the pregnant woman herself, to whom such documents relate, the operating
physician, or any person whose consent is required pursuant to this section, or under the
law. If a pregnant woman is less than eighteen years of age and has not married, a
physician shall not perform an abortion upon her unless he first obtains both the consent
of the pregnant woman and that of her parents, except as hereinafter provided. In
deciding whether to grant such consent, a pregnant woman's parents shall consider only
their child's best interests. If one of the pregnant woman's parents has died or is
unavailable to the physician within a reasonable time and in a reasonable manner, consent
of the remaining parent shall be sufficient. If both parents have died or are otherwise
unavailable to the physician within a reasonable time and in a reasonable manner, consent
of the pregnant woman's guardian or guardians shall be sufficient. If the pregnant
woman's parents are divorced, consent of the parent having custody shall be sufficient. If
a pregnant woman less than eighteen years of age has not married and if one or both of
her parents or guardians refuse to consent to the performance of an abortion, or if she
elects not to seek the consent of one or both of her parents or guardians, a judge of the
superior court department of the trial court shall, upon petition, or motion, and after an
appropriate hearing, authorize a physician to perform the abortion if said judge
determines that the pregnant woman is mature and capable of giving informed consent to
the proposed abortion or, if said judge determines that she is not mature, that the
performance of an abortion upon her would be in her best interests. A pregnant woman
less than eighteen years of age may participate in proceedings in the superior court
department of the trial court on her own behalf, and the court may appoint a guardian ad
litem for her. The court shall, however, advise her that she has a right to court appointed
counsel, and shall, upon her request, provide her with such counsel. Proceedings in the
superior court department of the trial court under this section shall be confidential and
shall be given such precedence over other pending matters that the court may reach a
decision promptly and without delay so as to serve the best interests of the pregnant
woman. A judge of the superior court department of the trial court who conducts
proceedings under this section shall make in writing specific factual findings and legal
conclusions supporting his decision and shall order a record of the evidence to be
maintained including his own findings and conclusions.
Nothing in this section is intended to abolish or limit any common law rights of persons
other than those whose rights it governs for the purpose of any civil action or any action
for injunctive relief under section twelve U.
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MICHIGAN
MICH. COMP. LAWS SERV. § 333.6121 (2012). MINORS; CONSENT TO CARE AND
TREATMENT; DISCLOSURE; LIABILITY FOR SERVICES PROVIDED
(1) The consent to the provision of substance abuse related medical or surgical care,
treatment, or services by a hospital, clinic, or health professional authorized by law
executed by a minor who is or professes to be a substance abuser is valid and binding as
if the minor had achieved the age of majority. The consent is not subject to later
disaffirmance by reason of minority. The consent of any other person, including a spouse,
parent, guardian, or person in loco parentis, is not necessary to authorize these services to
be provided to a minor.
(2) For medical reasons the treating physician, and on the advice and direction of the
treating physician, a member of the medical staff of a hospital or clinic or other health
professional may, but is not obligated to, inform the spouse, parent, guardian, or person
in loco parentis as to the treatment given or needed. The information may be given to or
withheld from these persons without consent of the minor and notwithstanding the
express refusal of the minor to the providing of the information.
(3) A spouse, parent, guardian, or person in loco parentis of a minor is not legally
responsible for service provided under this section.
MINNESOTA
MINN. STAT. § 144.341 (2012). LIVING APART FROM PARENTS AND MANAGING
FINANCIAL AFFAIRS
Notwithstanding any other provision of law, any minor who is living separate and apart
from parents or legal guardian, whether with or without the consent of a parent or
guardian and regardless of the duration of such separate residence, and who is managing
personal financial affairs, regardless of the source or extent of the minor's income, may
give effective consent to personal medical, dental, mental and other health services, and
the consent of no other person is required.
MINN. STAT. § 144.342 (2012). MARRIAGE OR GIVING BIRTH, CONSENT FOR HEALTH
SERVICE FOR SELF OR CHILD
Any minor who has been married or has borne a child may give effective consent to
personal medical, mental, dental and other health services, or to services for the minor's
child, and the consent of no other person is required.
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MINN. STAT. § 144.343 (2012). PREGNANCY, VENEREAL DISEASE, ALCOHOL OR DRUG
ABUSE, ABORTION
Subdivision 1. Minor's consent valid. Any minor may give effective consent for
medical, mental and other health services to determine the presence of or to treat
pregnancy and conditions associated therewith, venereal disease, alcohol and other drug
abuse, and the consent of no other person is required.
Subd. 2. Notification concerning abortion. Notwithstanding the provisions of section
13.02, subdivision 8, no abortion operation shall be performed upon an unemancipated
minor or upon a woman for whom a guardian has been appointed pursuant to sections
524.5-101 to 524.5-502 because of a finding of incapacity, until at least 48 hours after
written notice of the pending operation has been delivered in the manner specified in
subdivisions 2 to 4.
(a) The notice shall be addressed to the parent at the usual place of abode of the
parent and delivered personally to the parent by the physician or an agent.
(b) In lieu of the delivery required by clause (a), notice shall be made by certified
mail addressed to the parent at the usual place of abode of the parent with return
receipt requested and restricted delivery to the addressee which means postal
employee can only deliver the mail to the authorized addressee. Time of delivery
shall be deemed to occur at 12 o'clock noon on the next day on which regular mail
delivery takes place, subsequent to mailing.
Subd. 3. Parent, abortion; definitions. For purposes of this section, “parent” means
both parents of the pregnant woman if they are both living, one parent of the pregnant
woman if only one is living or if the second one cannot be located through reasonably
diligent effort, or the guardian or conservator if the pregnant woman has one.
For purposes of this section, “abortion” means the use of any means to terminate the
pregnancy of a woman known to be pregnant with knowledge that the termination with
those means will, with reasonable likelihood, cause the death of the fetus and “fetus”
means any individual human organism from fertilization until birth.
Subd. 4. Limitations. No notice shall be required under this section if:
(a) The attending physician certifies in the pregnant woman's medical record that
the abortion is necessary to prevent the woman's death and there is insufficient
time to provide the required notice; or
(b) The abortion is authorized in writing by the person or persons who are entitled
to notice; or
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(c) The pregnant minor woman declares that she is a victim of sexual abuse,
neglect, or physical abuse as defined in section 626.556. Notice of that declaration
shall be made to the proper authorities as provided in section 626.556, subdivision
3.
Subd. 5. Penalty. Performance of an abortion in violation of this section shall be a
misdemeanor and shall be grounds for a civil action by a person wrongfully denied
notification. A person shall not be held liable under this section if the person establishes
by written evidence that the person relied upon evidence sufficient to convince a careful
and prudent person that the representations of the pregnant woman regarding information
necessary to comply with this section are bona fide and true, or if the person has
attempted with reasonable diligence to deliver notice, but has been unable to do so.
Subd. 6. Substitute notification provisions. If subdivision 2 of this law is ever
temporarily or permanently restrained or enjoined by judicial order, subdivision 2 shall
be enforced as though the following paragraph were incorporated as paragraph (c) of that
subdivision; provided, however, that if such temporary or permanent restraining order or
injunction is ever stayed or dissolved, or otherwise ceases to have effect, subdivision 2
shall have full force and effect, without being modified by the addition of the following
substitute paragraph which shall have no force or effect until or unless an injunction or
restraining order is again in effect.
(c)(i) If such a pregnant woman elects not to allow the notification of one or both
of her parents or guardian or conservator, any judge of a court of competent
jurisdiction shall, upon petition, or motion, and after an appropriate hearing,
authorize a physician to perform the abortion if said judge determines that the
pregnant woman is mature and capable of giving informed consent to the
proposed abortion. If said judge determines that the pregnant woman is not
mature, or if the pregnant woman does not claim to be mature, the judge shall
determine whether the performance of an abortion upon her without notification
of her parents, guardian, or conservator would be in her best interests and shall
authorize a physician to perform the abortion without such notification if said
judge concludes that the pregnant woman's best interests would be served thereby.
(ii) Such a pregnant woman may participate in proceedings in the court on
her own behalf, and the court may appoint a guardian ad litem for her. The
court shall, however, advise her that she has a right to court appointed
counsel, and shall, upon her request, provide her with such counsel.
(iii) Proceedings in the court under this section shall be confidential and
shall be given such precedence over other pending matters so that the
court may reach a decision promptly and without delay so as to serve the
best interests of the pregnant woman. A judge of the court who conducts
proceedings under this section shall make in writing specific factual
findings and legal conclusions supporting the decision and shall order a
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record of the evidence to be maintained including the judge's own findings
and conclusions.
(iv) An expedited confidential appeal shall be available to any such
pregnant woman for whom the court denies an order authorizing an
abortion without notification. An order authorizing an abortion without
notification shall not be subject to appeal. No filing fees shall be required
of any such pregnant woman at either the trial or the appellate level.
Access to the trial court for the purposes of such a petition or motion, and
access to the appellate courts for purposes of making an appeal from
denial of the same, shall be afforded such a pregnant woman 24 hours a
day, seven days a week.
Subd. 7. Severability. If any provision, word, phrase or clause of this section or the
application thereof to any person or circumstance shall be held invalid, such invalidity
shall not affect the provisions, words, phrases, clauses or application of this section which
can be given effect without the invalid provision, word, phrase, clause, or application,
and to this end the provisions, words, phrases, and clauses of this section are declared to
be severable.
MINN. STAT. § 144.344 (2012). EMERGENCY TREATMENT
Medical, dental, mental and other health services may be rendered to minors of any age
without the consent of a parent or legal guardian when, in the professional's judgment,
the risk to the minor's life or health is of such a nature that treatment should be given
without delay and the requirement of consent would result in delay or denial of treatment.
MINN. STAT. § 144.3441 (2012). HEPATITIS B VACCINATION
A minor may give effective consent for a hepatitis B vaccination. The consent of no other
person is required.
MINN. STAT. § 144.345 (2012). REPRESENTATIONS TO PERSONS RENDERING SERVICE
The consent of a minor who claims to be able to give effective consent for the purpose of
receiving medical, dental, mental or other health services but who may not in fact do so,
shall be deemed effective without the consent of the minor's parent or legal guardian, if
the person rendering the service relied in good faith upon the representations of the
minor.
MINN. STAT. § 144.346 (2012). INFORMATION TO PARENTS
The professional may inform the parent or legal guardian of the minor patient of any
treatment given or needed where, in the judgment of the professional, failure to inform
the parent or guardian would seriously jeopardize the health of the minor patient.
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MINN. STAT. § 144.347 (2012). FINANCIAL RESPONSIBILITY
A minor so consenting for such health services shall thereby assume financial
responsibility for the cost of said services.
MISSISSIPPI
MISS. CODE ANN. § 41-41-3 (2012). PERSONS AUTHORIZED TO CONSENT TO
TREATMENT OF UNEMANCIPATED MINORS
(1) It is hereby recognized and established that, in addition to such other persons as may
be so authorized and empowered, any one (1) of the following persons who is reasonably
available, in descending order of priority, is authorized and empowered to consent on
behalf of an unemancipated minor, either orally or otherwise, to any surgical or medical
treatment or procedures not prohibited by law which may be suggested, recommended,
prescribed or directed by a duly licensed physician:
(a) The minor's guardian or custodian.
(b) The minor's parent.
(c) An adult brother or sister of the minor.
(d) The minor's grandparent.
(2) If none of the individuals eligible to act under subsection (1) is reasonably available,
an adult who has exhibited special care and concern for the minor and who is reasonably
available may act; the adult shall communicate the assumption of authority as promptly
as practicable to the individuals specified in subsection (1) who can be readily contacted.
(3) Any female, regardless of age or marital status, is empowered to give consent for
herself in connection with pregnancy or childbirth.
MISSOURI
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MO. REV. STAT. § 632.110 (2012). MINORS TO BE ACCEPTED FOR EVALUATION, WHEN,
BY WHOM--MAY THEN BE ADMITTED TO MENTAL HEALTH FACILITY--PARENT OR
GUARDIAN TO CONSENT--PEACE OFFICER MAY TRANSPORT TO FACILITY, WHEN
1. The head of a private mental health facility may, and the head of a department mental
health facility shall, except in the case of a medical emergency and subject to the
availability of suitable programs and accommodations, accept for evaluation, on an
outpatient basis if practicable, any minor for whom an application for voluntary
admission is made by his parent or other legal custodian. The department may require
that a community-based service where the minor resides perform the evaluation pursuant
to an affiliation agreement or contract with the department.
2. If the minor is diagnosed as having a mental disorder, other than an intellectual
disability or developmental disability without another accompanying mental disorder, and
found suitable for inpatient treatment as a result of the evaluation, the minor may be
admitted by a private mental health facility or shall be admitted by a department mental
health facility, if suitable accommodations are available, for care, treatment and
rehabilitation as an inpatient for such periods and under such conditions as authorized by
law. The department may require that a community-based service where the patient
resides admit the person for inpatient care, treatment and rehabilitation pursuant to an
affiliation agreement and contract with the department.
3. The parent or legal custodian who applied for the admission of the minor shall have the
right to authorize his evaluation, care, treatment and rehabilitation and the right to refuse
permission to medicate the minor; except that medication may be given in emergency
situations.
4. The parent or legal custodian may request a peace officer to take a minor into custody
and transport him to the mental health facility for evaluation if the parent or legal
custodian applies for such evaluation under subsection 1 of this section.
MONTANA
MONT. CODE ANN. § 41-1-401 (2012). DEFINITIONS
As used in this part, the following definitions apply:
(1) “Emancipated minor” means an individual under 18 years of age who:
(a) is or has been married;
(b) is separated from the individual's parent, parents, or legal guardian and is self-
supporting; or
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(c) has been granted the right to consent to medical treatment pursuant to an order
of limited emancipation granted by a court pursuant to 41-3-438.
(2) “Health care facility” has the meaning provided in 50-5-101.
(3) “Health professional” includes only those persons licensed in Montana as physicians,
psychiatrists, psychologists, advanced practice registered nurses, dentists, physician
assistants, professional counselors, or social workers.
MONT. CODE ANN. § 41-1-402 (2012). VALIDITY OF CONSENT OF MINOR FOR HEALTH
SERVICES
(1) This part does not limit the right of an emancipated minor to consent to the provision
of health services or to control access to protected health care information under
applicable law.
(2) The consent to the provision of health services and to control access to protected
health care information by a health care facility or to the performance of health services
by a health professional may be given by a minor who professes or is found to meet any
of the following descriptions:
(a) a minor who professes to be or to have been married or to have had a child or
graduated from high school;
(b) a minor who professes to be or is found to be separated from the minor's
parent, parents, or legal guardian for whatever reason and is providing self-
support by whatever means;
(c) a minor who professes or is found to be pregnant or afflicted with any
reportable communicable disease, including a sexually transmitted disease, or
drug and substance abuse, including alcohol. This self-consent applies only to the
prevention, diagnosis, and treatment of those conditions specified in this
subsection. The self-consent in the case of pregnancy, a sexually transmitted
disease, or drug and substance abuse also obliges the health professional, if the
health professional accepts the responsibility for treatment, to counsel the minor
or to refer the minor to another health professional for counseling.
(d) a minor who needs emergency care, including transfusions, without which the
minor's health will be jeopardized. If emergency care is rendered, the parent,
parents, or legal guardian must be informed as soon as practical except under the
circumstances mentioned in this subsection (2).
(3) A minor who has had a child may give effective consent to health service for the
child.
(4) A minor may give consent for health care for the minor's spouse if the spouse is
unable to give consent by reason of physical or mental incapacity.
75
MONT. CODE ANN. § 41-1-403 (2012). RELEASE OF INFORMATION BY HEALTH
PROFESSIONAL
(1) Except with regard to an emancipated minor, a health professional may inform the
parent, custodian, or guardian of a minor in the circumstances enumerated in 41-1-402 of
any treatment given or needed when:
(a) in the judgment of the health professional, severe complications are present or
anticipated;
(b) major surgery or prolonged hospitalization is needed;
(c) failure to inform the parent, parents, or legal guardian would seriously
jeopardize the safety and health of the minor patient, younger siblings, or the
public;
(d) informing them would benefit the minor's physical and mental health and
family harmony; or
(e) the health professional or health care facility providing treatment desires a
third-party commitment to pay for services rendered or to be rendered.
(2) Notification or disclosure to the parent, parents, or legal guardian by the health
professional may not constitute libel or slander, a violation of the right of privacy, a
violation of the rule of privileged communication, or any other legal basis of liability. If
the minor is found not to be pregnant or not afflicted with a sexually transmitted disease
or not suffering from drug abuse or substance abuse, including alcohol, then information
with respect to any appointment, examination, test, or other health procedure may not be
given to the parent, parents, or legal guardian, if they have not already been informed as
permitted in this part, without the consent of the minor.
MONT. CODE ANN. § 41-1-404(2012). FINANCIAL RESPONSIBILITY OF MINOR
Consent of the minor shall not be subject to later disaffirmance or revocation because of
minority. The spouse, parent, parents, or legal guardian of a consenting minor shall not be
liable for payment for such service unless the spouse, parent, parents, or legal guardian
have expressly agreed to pay for such care. Minors so consenting for such health services
shall thereby assume financial responsibility for the cost of said services, except those
who are proven unable to pay and who receive the services in public institutions. If the
minor is covered by health insurance, payment may be applied for services rendered.
MONT. CODE ANN. § 41-1-405 (2012). EMERGENCIES AND SPECIAL SITUATIONS
<Section effective until contingency. See, also, section effective upon contingency.>
76
(1) A health professional may render or attempt to render emergency service or first aid,
medical, surgical, dental, or psychiatric treatment, without compensation, to any injured
person or any person regardless of age who is in need of immediate health care when, in
good faith, the professional believes that the giving of aid is the only alternative to
probable death or serious physical or mental damage.
(2) A health professional may render nonemergency services to minors for conditions that
will endanger the health or life of the minor if services would be delayed by obtaining
consent from spouse, parent, parents, or legal guardian.
(3) Consent may not be required of a minor who does not possess the mental capacity or
who has a physical disability that renders the minor incapable of giving consent and who
has no known relatives or legal guardians, if a physician determines that the health
service should be given.
(4) Self-consent of minors does not apply to sterilization or abortion, except as provided
in sections 1 through 9.
MONT. CODE ANN. § 41-1-406 (2012). PSYCHIATRIC OR PSYCHOLOGICAL COUNSELING
UNDER URGENT CIRCUMSTANCES
When executed by a minor, the consent to the providing of psychiatric or psychological
counseling by a physician or psychologist licensed to practice in this state, under
circumstances when the need for the counseling is urgent in the opinion of the physician
or psychologist involved because of danger to the life, safety, or property of a minor or of
another person or persons and the consent of the spouse, parent, custodian, or guardian of
the minor cannot be obtained within a reasonable time to offset the danger to life or
safety, is as valid and binding as if the minor had achieved majority. The minor has the
same legal capacity to act and the same legal obligations with regard to the giving of
consent as a person of full legal age and capacity, and the consent is not subject to
disaffirmance by reason of minority. The consent of another person, including but not
limited to a spouse, parent, custodian, or guardian, is not necessary in order to authorize
the psychiatric or psychological counseling of the minor. However, a parent may not be
obligated for the cost of the counseling without the parent's consent.
MONT. CODE ANN. § 41-1-407 (2012). IMMUNITY AND RESPONSIBILITY OF
PSYCHOLOGIST, PHYSICIAN, OR HEALTH CARE FACILITY
(1) A physician, surgeon, dentist, or health or mental health care facility may not be
compelled against the entity's best judgment to treat a minor on the minor's own consent.
(2) This section may not be construed to relieve any physician, surgeon, dentist, or health
or mental health care facility from liability for negligence in the diagnosis and treatment
rendered a minor.
77
(3) In any case arising under the provisions of 41-1-406, the physician or licensed
psychologist who provides the psychiatric or psychological counseling services may not
incur civil or criminal liability by reason of having provided the counseling services, but
the immunity does not apply to any negligent acts or omissions.
MONT. CODE ANN. § 53-21-112 (2012). VOLUNTARY ADMISSION OF MINORS
(1) Notwithstanding any other provision of law, a parent or guardian of a minor may
consent to mental health services to be rendered to the minor by:
(a) a facility;
(b) a person licensed in this state to practice medicine; or
(c) a mental health professional licensed in this state.
(2) A minor who is at least 16 years of age may, without the consent of a parent or
guardian, consent to receive mental health services from those facilities or persons listed
in subsection (1).
(3) Except as provided by this section, the provisions of 53-21-111 apply to the voluntary
admission of a minor to a mental health facility but not to the state hospital.
(4) Except as provided by this subsection, voluntary admission of a minor to a mental
health facility for an inpatient course of treatment is for the same period of time as that
for an adult. A minor voluntarily admitted with consent of the minor's parent or guardian
has the right to be released within 5 days of a request by the parent or guardian as
provided in 53-21-111(3). A minor who has been admitted without consent by a parent or
guardian, pursuant to subsection (2), may also make a request and also has the right to be
released within 5 days as provided in 53-21-111(3). Unless there has been a periodic
review and a voluntary readmission consented to by the parent or guardian in the case of
a minor patient or consented to by the minor alone in the case of a minor patient who is at
least 16 years of age, voluntary admission terminates at the expiration of 1 year. At the
minor's request or at any time that the minor is faced with potential legal proceedings, the
court shall order the office of state public defender, provided for in 47-1-201, to assign
counsel for the minor.
NEBRASKA
NEB. REV. STAT. ANN. § 71-504 (2012). SEXUALLY TRANSMITTED DISEASES; MINORS;
TREATMENT WITHOUT CONSENT OF PARENT; EXPENSES
The chief medical officer as designated in section 81-3115, or local director of health, if a
physician, or his or her agent, or any physician, upon consultation by any person as a
patient, shall, with the consent of such person who is hereby granted the right of giving
78
such consent, make or cause to be made a diagnostic examination for sexually transmitted
diseases and prescribe for and treat such person for sexually transmitted diseases
including prophylactic treatment for exposure to sexually transmitted diseases whenever
such person is suspected of having a sexually transmitted disease or contact with anyone
having a sexually transmitted disease. All such examinations and treatment may be
performed without the consent of or notification to the parent, parents, guardian, or any
other person having custody of such person. In any such case, the chief medical officer,
or local director of health, if a physician, or his or her agent, or the physician shall incur
no civil or criminal liability by reason of having made such diagnostic examination or
rendered such treatment, but such immunity shall not apply to any negligent acts or
omissions. The chief medical officer or local director of health, if a physician, or his or
her agent, or the physician shall incur no civil or criminal liability by reason of any
adverse reaction to medication administered if reasonable care is taken to elicit from any
such person who is under twenty years of age any history of sensitivity or previous
adverse reaction to medication. Parents shall be liable for expenses of such treatment to
minors under their custody. In the event such person is affected with a sexually
transmitted disease, the chief medical officer or local director of health may cause an
interview of the person by a sexually transmitted disease investigator to secure the names
of sexual contacts so that appropriate investigation can be made in an effort to locate and
eliminate sources of infection.
NEVADA
NEV. REV. STAT. ANN. § 129.010 (2012). AGE OF MAJORITY
All persons of the age of 18 years who are under no legal disability, and all persons who
have been declared emancipated pursuant to NRS 129.080 to 129.140, inclusive, are
capable of entering into any contract, and are, to all intents and purposes, held and
considered to be of lawful age.
NEV. REV. STAT. ANN. § 129.030 (2012). CONSENT FOR EXAMINATION AND TREATMENT
1. Except as otherwise provided in NRS 450B.525, a minor may give consent for the
services provided in subsection 2 for himself or herself or for his or her child, if the minor
is:
(a) Living apart from his or her parents or legal guardian, with or without the
consent of the parent, parents or legal guardian, and has so lived for a period of at
least 4 months;
(b) Married or has been married;
(c) A mother, or has borne a child; or
79
(d) In a physician's judgment, in danger of suffering a serious health hazard if
health care services are not provided.
2. Except as otherwise provided in subsection 4 and NRS 450B.525, the consent of the
parent or parents or the legal guardian of a minor is not necessary for a local or state
health officer, board of health, licensed physician or public or private hospital to examine
or provide treatment for any minor, included within the provisions of subsection 1, who
understands the nature and purpose of the proposed examination or treatment and its
probable outcome, and voluntarily requests it. The consent of the minor to examination or
treatment pursuant to this subsection is not subject to disaffirmance because of minority.
3. A person who treats a minor pursuant to subsection 2 shall, before initiating treatment,
make prudent and reasonable efforts to obtain the consent of the minor to communicate
with his or her parent, parents or legal guardian, and shall make a note of such efforts in
the record of the minor’s care. If the person believes that such efforts would jeopardize
treatment necessary to the minor's life or necessary to avoid a serious and immediate
threat to the minor's health, the person may omit such efforts and note the reasons for the
omission in the record.
4. A minor may not consent to his or her sterilization.
5. In the absence of negligence, no person providing services pursuant to subsection 2 is
subject to civil or criminal liability for providing those services.
6. The parent, parents or legal guardian of a minor who receives services pursuant to
subsection 2 are not liable for the payment for those services unless the parent, parents or
legal guardian has consented to such health care services. The provisions of this
subsection do not relieve a parent, parents or legal guardian from liability for payment for
emergency services provided to a minor pursuant to NRS 129.040.
NEV. REV. STAT. ANN. § 129.050 (2012). ABUSE OF CONTROLLED SUBSTANCE:
TREATMENT AUTHORIZED WITHOUT CONSENT OF PARENT OR GUARDIAN UNDER
CERTAIN CIRCUMSTANCES
1. Except as otherwise provided in NRS 450B.525, any minor who is under the influence
of, or suspected of being under the influence of, a controlled substance:
(a) May give express consent; or
(b) If unable to give express consent, shall be deemed to consent,
to the furnishing of hospital, medical, surgical or other care for the treatment of
abuse of drugs or related illnesses by any public or private hospital, medical
facility, facility for the dependent, other than a halfway house for alcohol and
drug abusers, or any licensed physician, and the consent of the minor is not
subject to disaffirmance because of minority.
80
2. Immunity from civil or criminal liability extends to any physician or other person
rendering care or treatment pursuant to subsection 1, in the absence of negligent
diagnosis, care or treatment.
3. The consent of the parent, parents or legal guardian of the minor is not necessary to
authorize such care, but any physician who treats a minor pursuant to this section shall
make every reasonable effort to report the fact of treatment to the parent, parents or legal
guardian within a reasonable time after treatment.
NEV. REV. STAT. ANN. § 129.060 (2012). SEXUALLY TRANSMITTED DISEASE:
EXAMINATION OR TREATMENT AUTHORIZED WITHOUT CONSENT OF PARENT OR
GUARDIAN
Notwithstanding any other provision of law, the consent of the parent, parents or legal
guardian of a minor is not necessary in order to authorize a local or state health officer,
licensed physician or clinic to examine or treat, or both, any minor who is suspected of
being infected or is found to be infected with any sexually transmitted disease
NEW HAMPSHIRE
N.H. REV. STAT. ANN. § 318-B:12-A (2012). TREATMENT FOR DRUG ABUSE.
Any minor 12 years of age or older may voluntarily submit himself to treatment for drug
dependency as defined in RSA 318-B:1, IX, or any problem related to the use of drugs at
any municipal health department, state institution or facility, public or private hospital or
clinic, any licensed physician or advanced practice registered nurse practicing within
such nurse practitioner's specialty, or other accredited state or local social welfare agency,
without the consent of a parent, guardian, or any other person charged with the care or
custody of said minor. Such parent or legal guardian shall not be liable for the payment
for any treatment rendered pursuant to this section. The treating facility, agency or
individual shall keep records on the treatment given to minors as provided under this
section in the usual and customary manner, but no reports or records or information
contained therein shall be discoverable by the state in any criminal prosecution. No such
reports or records shall be used for other than rehabilitation, research, or statistical and
medical purposes, except upon the written consent of the person examined or treated.
Nothing contained herein shall be construed to mean that any minor of sound mind is
legally incapable of consenting to medical treatment provided that such minor is of
sufficient maturity to understand the nature of such treatment and the consequences
thereof.
N.H. REV. STAT. ANN. § 141-C:18 (2012). SEXUALLY TRANSMITTED DISEASE.
81
I. The commissioner may request the examination, and order isolation, quarantine, and
treatment of any person reasonably suspected of having been exposed to or of exposing
another person or persons to a sexually transmitted disease. Any order of treatment issued
under this paragraph shall be in accordance with RSA 141-C:11, RSA 141-C:12, and
RSA 141-C:15.
II. Any minor 14 years of age or older may voluntarily submit himself to medical
diagnosis and treatment for a sexually transmitted disease and a licensed physician may
diagnose, treat or prescribe for the treatment of a sexually transmitted disease in a minor
14 years of age or older, without the knowledge or consent of the parent or legal guardian
of such minor.
NEW JERSEY
N.J. STAT. ANN. § 9:17A-1 (2012). CONSENT BY MINOR TO PERFORMANCE OF MEDICAL
OR SURGICAL CARE AND PROCEDURE BY HOSPITAL OR LICENSED PHYSICIAN
The consent to the performance of medical or surgical care and procedure by a hospital or
by a physician licensed to practice medicine and surgery executed by a married person
who is a minor, or by a pregnant woman who is a minor, on his or her behalf or on behalf
of any of his or her children, shall be valid and binding, and, for such purposes, a married
person who is a minor or a pregnant woman who is a minor shall be deemed to have the
same legal capacity to act and shall have the same powers and obligations as has a person
of legal age. Notwithstanding any other provision of the law, an unmarried, pregnant
minor may give consent to the furnishing of hospital, medical and surgical care related to
her pregnancy or her child, although prior notification of a parent may be required
pursuant to P.L.1999, c. 145 (C.9:17A-1.1 et al.) and such consent shall not be subject to
disaffirmance because of minority. The consent of the parent or parents of an unmarried,
pregnant minor shall not be necessary in order to authorize hospital, medical and surgical
care related to her pregnancy or her child.
N.J. STAT. ANN. § 9:17A-1.3 (2012). DEFINITIONS
10
As used in this act:
“Abortion” means the use of any means to terminate the pregnancy of a female known to
be pregnant with knowledge that the termination with those means will, with reasonable
likelihood, cause the death of the fetus.
“Medical emergency” means a condition which, on the basis of the physician's good faith
clinical judgment, so complicates the medical condition of a pregnant unemancipated
minor as to necessitate the immediate abortion of her pregnancy to avert her death or for
10
Note: Held unconstitutional by Planned Parenthood of Cent. New Jersey v. Farmer, 762 A.2d 620,
621(N.J. Aug 15, 2000).
82
which a delay will create serious risk of substantial and irreversible impairment of a
major bodily function.
“Parent” means a parent with care and control of the unemancipated minor, unless the
parent has no custodial rights; or if there is no parent with care and control, then the
foster parent or the guardian of the unemancipated minor; or a person standing in loco
parentis to the unemancipated minor.
“Person standing in loco parentis” means (1) that the biological or adoptive parent
consented to and fostered, the person's formation and establishment of a parent-like
relationship with the minor; (2) that the person and the minor live together in the same
household; (3) that the person assumed obligations of parenthood by taking significant
responsibility for the minor's care, education and development, including contributing
towards the minor's support, without expectation of financial compensation; and (4) that
the person has been in a parental role for a length of time sufficient to have established
with the minor a bonded, dependent relationship parental in nature.
“Unemancipated minor” means a female under the age of 18 years who is unmarried and
is not currently serving active duty in one of the military services of the United States of
America or a female for whom a guardian has been appointed pursuant to N.J.S.3B:12-25
because of a finding of incompetency. For the purposes of this act, pregnancy does not
emancipate a female under the age of 18 years.
N.J. STAT. ANN. § 9:17A-1.4 (2012). UNEMANCIPATED MINORS; WRITTEN NOTICE TO
PARENT
11
a. Notwithstanding any other provision of law to the contrary, an abortion shall not be
performed upon an unemancipated minor until at least 48 hours after written notice of the
pending operation has been delivered in the manner specified in this act.
b. The notice shall be addressed to the parent at the parent's last known address and
delivered personally to the parent by the physician.
c. In lieu of the personal delivery required in subsection b. of this section, notice may be
made by certified mail addressed to the parent at the parent's last known address with
return receipt requested and restricted delivery to the addressee, which means a postal
employee may only deliver the mail to the authorized addressee. At the same time that
notice is mailed by certified mail, it shall also be sent by first class mail to the parent at
the parent's last known address. The 48 hour period for notice sent under the provisions
of this subsection shall begin at noon on the next day on which regular mail delivery
takes place following the day on which the mailings are posted.
11
Note: Held unconstitutional by Planned Parenthood of Cent. New Jersey v. Farmer, 762 A.2d 620,
621(N.J. Aug 15, 2000).
83
N.J. STAT. ANN. § 9:17A-1.7 (2012). WAIVER BY PETITION OR MOTION OF MINOR;
CONFIDENTIAL PROCEEDINGS
12
a. A minor may, by petition or motion, seek a waiver of parental notification from a judge
of the Superior Court. The petition or motion shall include a statement that the minor is
pregnant and is not emancipated.
b. The minor may participate in proceedings in the court on her own behalf, and the court
may appoint a guardian ad litem for her. The court shall, however, advise her that she has
a right to court appointed counsel, and shall, upon her request, provide her with such
counsel.
c. Proceedings in the court under this section shall be confidential and insure the
anonymity of the minor and shall be given such precedence over other pending matters so
that the court may reach a decision promptly and without delay so as to serve the best
interests of the minor. A judge of the Superior Court who conducts proceedings under
this section shall make written factual findings and legal conclusions within 48 hours of
the time that the petition or motion is filed unless the time is extended at the request of
the unemancipated minor. If the court fails to rule within 48 hours and the time is not
extended, the petition is granted and the notice requirement shall be waived. The judge
shall order a record of the evidence to be maintained including the judge's written factual
findings and legal conclusions supporting the decision.
d. (1) If the judge finds, by clear and convincing evidence, that the unemancipated minor
is sufficiently mature to decide whether to have an abortion, the judge shall authorize a
waiver of notification.
(2) If the judge finds, by clear and convincing evidence, that there is evidence of a
pattern of physical, sexual or emotional abuse of the minor by the parent,
guardian or legal custodian, the judge shall authorize a waiver of notification.
Notice of a determination made under this paragraph shall be made to the
Division of Youth and Family Services.
(3) If the judge finds, by clear and convincing evidence, that the notification of
the parent is not in the best interests of the minor, the judge shall authorize a
waiver of notification.
e. If the judge does not make a finding specified in subsection d. of this section, the judge
shall dismiss the petition or motion and notice shall be given as provided for in section 5
of this act.
f. An expedited confidential appeal shall be available to a minor for whom the court
denies an order waiving notification. No filing fees shall be required of any minor at
either the trial or the appellate level. Access to the trial court for the purposes of such a
12
Note: Held unconstitutional by Planned Parenthood of Cent. New Jersey v. Farmer, 762 A.2d 620,
621(N.J. Aug 15, 2000).
84
petition or motion, and access to the appellate courts for purposes of making an appeal
from denial of the same, shall be afforded such a minor on an emergent basis in
accordance with the Rules of Court.
N.J. STAT. ANN. § 9:17A-4 (2012). CONSENT BY MINOR TO MEDICAL CARE OR
TREATMENT; VENEREAL DISEASE, HIV/AIDS, SEXUAL ASSAULT, DRUG USE OR
ALCOHOLISM; NOTICE AND REPORT OF TREATMENT; CONFIDENTIALITY
The consent to the provision of medical or surgical care or services by a hospital, public
clinic, or the performance of medical or surgical care or services by a physician, licensed
to practice medicine, when executed by a minor who is or believes that he may be
afflicted with a venereal disease, or who is at least 13 years of age and is or believes that
he may be infected with the human immunodeficiency virus or have acquired immune
deficiency syndrome, or by a minor who, in the judgment of a treating physician, appears
to have been sexually assaulted, shall be valid and binding as if the minor had achieved
his or her majority, as the case may be. Any such consent shall not be subject to later
disaffirmance by reason of minority. In the case of a minor who appears to have been
sexually assaulted, the minor's parents or guardian shall be notified immediately, unless
the attending physician believes that it is in the best interests of the patient not to do so;
however, inability of the treating physician, hospital or clinic to locate or notify the
parents or guardian shall not preclude the provision of any necessary emergency medical
or surgical care to the minor.
When a minor believes that he is suffering from the use of drugs or is a drug dependent
person as defined in section 2 of P.L.1970, c. 226 (C.24:21-2) or is suffering from alcohol
dependency or is an alcoholic as defined in section 2 of P.L.1975, c. 305 (C.26:2B-8), his
consent to treatment under the supervision of a physician licensed to practice medicine,
or an individual licensed or certified to provide treatment for alcoholism or in a facility
licensed by the State to provide for the treatment of alcoholism shall be valid and binding
as if the minor had achieved his or her majority, as the case may be. Any such consent
shall not be subject to later disaffirmance by reason of minority. Treatment for drug use,
drug abuse, alcohol use or alcohol abuse that is consented to by a minor shall be
considered confidential information between the physician, the treatment provider or the
treatment facility, as appropriate, and his patient, and neither the minor nor his physician,
treatment provider or treatment facility, as appropriate, shall be required to report such
treatment when it is the result of voluntary consent, except as may otherwise be required
by law.
The consent of no other person or persons, including but not limited to a spouse, parent,
custodian or guardian, shall be necessary in order to authorize such hospital, facility or
clinical care or services or medical or surgical care or services to be provided by a
physician licensed to practice medicine or by an individual licensed or certified to
provide treatment for alcoholism to such a minor.
85
N.J. STAT. ANN. § 9:17A-6 (2012). CONSENT BY PERSON AGE 16 OR OVER FOR
DONATION TO VOLUNTARY AND NONCOMPENSATORY BLOOD PROGRAM
a. Any person of the age of 17 years or over can consent to donate blood in any voluntary
and noncompensatory blood program without the necessity of obtaining parental
permission or authorization. Such consent shall be valid and binding as if the person had
achieved his majority, and shall not be subject to later disaffirmance because of minority.
b. Any person of the age of 16 years may donate blood in any voluntary and
noncompensatory blood program with the written consent of at least one parent or the
person's legal guardian or other legally responsible adult, as appropriate.
NEW MEXICO
N.M. STAT. ANN. § 24-7A-6.2 (2012). CONSENT TO HEALTH CARE FOR CERTAIN MINORS
FOURTEEN YEARS OF AGE OR OLDER
A. An unemancipated minor fourteen years of age or older who has capacity to consent
may give consent for medically necessary health care; provided that the minor is:
(1) living apart from the minor's parents or legal guardian; or
(2) the parent of a child.
B. For purposes of this section, “medically necessary health care” means clinical and
rehabilitative, physical, mental or behavioral health services that are:
(1) essential to prevent, diagnose or treat medical conditions or that are essential
to enable an unemancipated minor to attain, maintain or regain functional
capacity;
(2) delivered in the amount and setting with the duration and scope that is
clinically appropriate to the specific physical, mental and behavioral health-care
needs of the minor;
(3) provided within professionally accepted standards of practice and national
guidelines; and
(4) required to meet the physical, mental and behavioral health needs of the
minor, but not primarily required for convenience of the minor, health-care
provider or payer.
C. The consent of the unemancipated minor to examination or treatment pursuant to this
section shall not be disaffirmed because of minority.
86
D. The parent or legal guardian of an unemancipated minor who receives medically
necessary health care is not liable for payment for those services unless the parent or
legal guardian has consented to such medically necessary health care; provided that the
provisions of this subsection do not relieve a parent or legal guardian of liability for
payment for emergency health care provided to an unemancipated minor.
E. A health-care provider or a health-care institution shall not be liable for reasonably
relying on statements made by an unemancipated minor that the minor is eligible to give
consent pursuant to Subsection A of this section.
F. Nothing in this section shall otherwise limit the rights of an unemancipated minor to
consent to treatment, nor shall this section be read to conflict with the rights of parents
and children pursuant to the Children's Mental Health and Developmental Disabilities
Act.
N.M. STAT. ANN. § 32A-6A-14 (2012). CONSENT FOR SERVICES; CHILDREN UNDER
FOURTEEN YEARS OF AGE
A. Except as provided in Subsection B of this section, the informed consent of a child's
legal custodian shall be required before treatment or habilitation, including
psychotherapy or psychotropic medications, is administered to a child under fourteen
years of age.
B. A child under fourteen years of age may initiate and consent to an initial assessment
with a clinician and for medically necessary early intervention service limited to verbal
therapy as set forth in this section. The purpose of the initial assessment is to allow a
clinician to interview the child and determine what, if any, action needs to be taken to
ensure appropriate mental health or habilitation services are provided to the child. The
clinician may conduct an initial assessment and provide medically necessary early
intervention service limited to verbal therapy with or without the consent of the legal
custodian if such service will not extend beyond two calendar weeks. If, at any time, the
clinician has a reasonable suspicion that the child is an abused or neglected child, the
clinician shall immediately make a child abuse and neglect report.
N.M. STAT. ANN. § 32A-6A-15 (2012). CONSENT FOR SERVICES; CHILDREN FOURTEEN
YEARS OF AGE OR OLDER
A. A child fourteen years of age or older is presumed to have capacity to consent to
treatment without consent of the child's legal custodian, including consent for individual
psychotherapy, group psychotherapy, guidance counseling, case management, behavioral
therapy, family therapy, counseling, substance abuse treatment or other forms of verbal
treatment that do not include aversive interventions. Nothing in this section shall be
interpreted to provide a child fourteen years of age or older with independent consent
rights for the purposes of the provision of special education and related services as set
forth in federal law.
87
B. Psychotropic medications may be administered to a child fourteen years of age or
older with the informed consent of the child. When psychotropic medications are
administered to a child fourteen years of age or older, the child's legal custodian shall be
notified by the clinician.
C. A clinician or other mental health and developmental disabilities professional shall
promote the healthy involvement of a child's legal custodians and family members in
developing and implementing the child's treatment plan, including appropriate
participation in treatment for children fourteen years of age or older. However, nothing in
this section shall limit the rights of a child fourteen years of age or older to consent to
services and to consent to disclosure of mental health records.
N.M. STAT. ANN. § 32A-6A-16 (2012). CONSENT FOR SERVICES; DETERMINATION OF
CAPACITY FOR CHILDREN FOURTEEN YEARS OF AGE OR OLDER
A. When a child fourteen years of age or older has been determined according to the
provisions of this section to lack capacity, the child's legal custodian may make a mental
health or habilitation decision for the child unless the child objects to such decision or the
legal custodian's assumption of authority to make mental health or developmental
disability treatment decisions or determination of lack of capacity. Nothing in this
subsection:
(1) permits a legal custodian to consent to placement of a child in a residential
treatment or habilitation program without the proper consent of the child if the
child is fourteen years of age or older; or
(2) in any way, limits a child's right to involuntary commitment procedures as set
forth in the Children's Mental Health and Developmental Disabilities Act.
B. The determination that a child fourteen years of age or older lacks or has recovered
capacity shall be made by two clinicians, one of whom shall be a person who works with
children in the ordinary course of that clinician's practice.
C. A child fourteen years of age or older shall not be determined to lack capacity solely
on the basis that the child chooses not to accept the treatment recommended by the
mental health or developmental disabilities professional.
D. A child fourteen years of age or older may at any time contest a determination that the
child lacks capacity by a signed writing or by personally informing a clinician that the
determination is contested. A clinician who is informed by a child that such
determination is contested shall promptly communicate that the determination is
contested to any supervising provider or institution at which the child is receiving care.
Such a challenge shall prevail unless otherwise ordered by the court in a proceeding
brought pursuant to the treatment guardianship provisions of the Children's Mental
Health and Developmental Disabilities Act.
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E. A determination of lack of capacity under the Children's Mental Health and
Developmental Disabilities Act shall not be evidence of incapacity for any other purpose.
F. The legal custodian shall communicate an assumption of authority as promptly as
practicable to the child fourteen years of age or older and to the clinician and to the
supervising mental health or developmental disability treatment and habilitation provider.
G. If more than one legal custodian assumes authority to act as an agent, the consent of
both shall be required for nonemergency treatment. In an emergency, the consent of one
legal custodian is sufficient, but the treating mental health professional shall provide the
other legal custodian with oral notice followed by written documentation.
H. If more than one legal custodian assumes authority to act as an agent and the legal
custodians do not agree on a nonemergency mental health treatment decision and the
clinician is so informed, the clinician shall not treat the child unless a treatment guardian
is appointed pursuant to the provisions of the Children's Mental Health and
Developmental Disabilities Act.
I. A legal custodian shall make treatment decisions in accordance with a child's
individual instructions, if any, and other wishes to the extent known to the legal
custodian. Otherwise, the legal custodian shall make decisions in accordance with the
legal custodian's determination of the child's best interests. In determining the child's best
interests, the legal custodian shall consider the child's personal values to the extent
known to the legal custodian.
J. A mental health treatment decision made by a legal custodian for a child fourteen years
of age or older who has been determined to lack capacity shall not be made solely on the
basis of the child's pre-existing physical or medical condition or pre-existing or projected
disability.
K. A mental health treatment decision made by a legal custodian for a child fourteen
years of age or older who has been determined to lack capacity is effective without
judicial approval unless contested by the child.
L. If no legal custodian or agent is reasonably available to make mental health or
habilitation decisions for the child, any interested party may petition for the appointment
of a treatment guardian.
NEW YORK
N.Y. PUB. HEALTH LAW § 2504 (2012). ENABLING CERTAIN PERSONS TO CONSENT FOR
CERTAIN MEDICAL, DENTAL, HEALTH AND HOSPITAL SERVICES
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1. Any person who is eighteen years of age or older, or is the parent of a child or has
married, may give effective consent for medical, dental, health and hospital services for
himself or herself, and the consent of no other person shall be necessary.
2. Any person who has been married or who has borne a child may give effective consent
for medical, dental, health and hospital services for his or her child. Any person who has
been designated pursuant to title fifteen-A of article five of the general obligations law as
a person in parental relation to a child may consent to any medical, dental, health and
hospital services for such child for which consent is otherwise required which are not: (a)
major medical treatment as defined in subdivision (a) of section 80.03 of the mental
hygiene law; (b) electroconvulsive therapy; or (c) the withdrawal or discontinuance of
medical treatment which is sustaining life functions.
3. Any person who is pregnant may give effective consent for medical, dental, health and
hospital services relating to prenatal care.
4. Medical, dental, health and hospital services may be rendered to persons of any age
without the consent of a parent or legal guardian when, in the physician's judgment an
emergency exists and the person is in immediate need of medical attention and an attempt
to secure consent would result in delay of treatment which would increase the risk to the
person's life or health.
5. Where not otherwise already authorized by law to do so, any person in a parental
relation to a child as defined in section twenty-one hundred sixty-four of this chapter and,
(i) a grandparent, an adult brother or sister, an adult aunt or uncle, any of whom has
assumed care of the child and, (ii) an adult who has care of the child and has written
authorization to consent from a person in a parental relation to a child as defined in
section twenty-one hundred sixty-four of this chapter, may give effective consent for the
immunization of a child. However, a person other than one in a parental relation to the
child shall not give consent under this subdivision if he or she has reason to believe that a
person in parental relation to the child as defined in section twenty-one hundred sixty-
four of this chapter objects to the immunization.
6. Anyone who acts in good faith based on the representation by a person that he is
eligible to consent pursuant to the terms of this section shall be deemed to have received
effective consent.
NORTH CAROLINA
N.C. GEN. STAT. § 90-21.5 (2012). MINOR'S CONSENT SUFFICIENT FOR CERTAIN
MEDICAL HEALTH SERVICES
(a) Any minor may give effective consent to a physician licensed to practice medicine in
North Carolina for medical health services for the prevention, diagnosis and treatment of
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(i) venereal disease and other diseases reportable under G.S. 130A-135, (ii) pregnancy,
(iii) abuse of controlled substances or alcohol, and (iv) emotional disturbance. This
section does not authorize the inducing of an abortion, performance of a sterilization
operation, or admission to a 24-hour facility licensed under Article 2 of Chapter 122C of
the General Statutes except as provided in G.S. 122C-223. This section does not prohibit
the admission of a minor to a treatment facility upon his own written application in an
emergency situation as authorized by G.S. 122C-223.
(b) Any minor who is emancipated may consent to any medical treatment, dental and
health services for himself or for his child.
NORTH DAKOTA
N.D. CENT. CODE § 14-10-17 (2012). MINORS--TREATMENT FOR SEXUALLY
TRANSMITTED DISEASE--DRUG ABUSE--ALCOHOLISM
Any person of the age of fourteen years or older may contract for and receive
examination, care, or treatment for sexually transmitted disease, alcoholism, or drug
abuse without permission, authority, or consent of a parent or guardian.
N.D. CENT. CODE § 14-10-17.1 (2012). MINOR'S EMERGENCY CARE
A minor may contract for and receive emergency examination, care, or treatment in a
life-threatening situation without the consent of the minor's parent or guardian. If a minor
has an emergency medical condition or the potential for an emergency medical condition,
consent to emergency examination, care, or treatment of the minor is implied if
reasonable steps to contact the minor's parent or guardian are unsuccessful. This section
does not authorize a minor to withhold consent to emergency examination, care, or
treatment.
N.D. Cent. Code § 14-10-18.1 (2012). BLOOD DONATION--MINORS
An individual who is at least sixteen years of age may donate blood on a voluntary and
noncompensatory basis without obtaining the consent of the individual's parent or
guardian. Any notification of a medical condition must be mailed to the donor and the
donor's parent or guardian.
N.D. CENT. CODE § 14-10-19 (2012). MINOR'S CONSENT FOR PRENATAL CARE AND
OTHER PREGNANCY CARE SERVICES
1. a. A physician or other health care provider may provide pregnancy testing and pain
management related to pregnancy to a minor without the consent of a parent or guardian.
b. A physician or other health care provider may provide prenatal care to a
pregnant minor in the first trimester of pregnancy or may provide a single prenatal
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care visit in the second or third trimester of pregnancy without the consent of a
parent or guardian.
c. A physician or other health care provider may provide prenatal care beyond the
first trimester of pregnancy or in addition to the single prenatal care visit in the
second or third trimester if, after a good-faith effort, the physician or other health
care provider is unable to contact the minor's parent or guardian.
d. The costs incurred by the physician or other health care provider for performing
services under this section may not be submitted to a third-party payer without the
consent of the minor's parent or guardian.
e. This section does not authorize a minor to consent to abortion or otherwise
supersede the requirements of chapter 14-02.1.
2. If a minor requests confidential services pursuant to subsection 1, the physician or
other health care professional shall encourage the minor to involve her parents or
guardian. Notwithstanding subsection 1, a physician or other health care professional or a
health care facility may not be compelled against their best judgment to treat a minor
based on the minor's own consent.
3. A physician or other health care professional who, pursuant to subsection 1, provides
pregnancy care services to a minor may inform the parent or guardian of the minor of any
pregnancy care services given or needed if the physician or other health care professional
discusses with the minor the reasons for informing the parent or guardian prior to the
disclosure and, in the judgment of the physician or other health care professional:
a. Failure to inform the parent or guardian would seriously jeopardize the health
of the minor or her unborn child;
b. Surgery or hospitalization is needed; or
c. Informing the parent or guardian would benefit the health of the minor or her
unborn child.
OHIO
OHIO REV. CODE ANN. § 2907.29 (2012). EMERGENCY MEDICAL SERVICES FOR
VICTIMS; INFORMATION TO BE GIVEN VICTIM; CONSENT OF MINOR
Every hospital of this state that offers organized emergency services shall provide that a
physician, a physician assistant, a clinical nurse specialist, a certified nurse practitioner,
or a certified nurse-midwife is available on call twenty-four hours each day for the
examination of persons reported to any law enforcement agency to be victims of sexual
offenses cognizable as violations of any provision of sections 2907.02 to 2907.06 of the