Dr. Tribhushan V. Rambhatla discusses the role of minors’ competence for medical decision-making in modern American law, focusing on the balance between parents’ and minors’ rights. Washington state law allows children to make some medical decisions without parental consent when they turn 13, while kids aged 13 to 17 can make their own. States have independently developed laws and regulations on adolescent consent and privacy around healthcare access based on age and the type of care.
The doctrine of parental consent remains the default, but under the mature minor exception, a minor may consent to receive medical care without parental consent or notification if the court determines the minor has the maturity to do so. This report identifies common situations where pediatricians may encounter “consent by proxy” for nonurgent medical care for minors, including physical examinations.
Unemancipated minors may request and receive confidential services relating to contraception, pregnancy testing, prenatal care, and delivery. Under federal and California law, when minors reach age 12, they have the legal right to health information privacy, which triggers some changes in health information.
Children under 16 can consent to their own treatment if they are believed to have enough intelligence, competence, and understanding. If a minor is 16 years of age or over, they can give consent to hospital, medical, or surgical treatment.
If a child is over 13, they can register with a general practitioner (GP) by themselves. Parents can step out for a portion of the visit at age 13, but it is highly encouraged. A child should have access to confidential medical counseling and advice without parental consent, regardless of their age.
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Can a minor be seen by a doctor without a parent in California?
A minor who has been emancipated at the age of 14 or above is permitted to consent to medical, dental, and psychiatric care, provided that the healthcare provider discloses pertinent medical information to the minor’s parent or legal guardian in accordance with the stipulations set forth in California Family Code § 7050(e).
Can a 16 year old go to the doctor alone Ireland?
In Ireland, children who have reached the age of 16 are permitted to consent to surgical, medical, or dental procedures without the necessity of parental consent. Additionally, children under the age of eight may utilize a GP visit card for cost-free appointments with their general practitioner. Nevertheless, if the individual in question is over the age of eight, the GP visit card is subject to a means test.
How old to go to doctors alone in the UK?
People aged 16 or over have the right to consent to their own treatment, unless there’s significant evidence to suggest otherwise. Young people aged 16 or 17 are presumed to have sufficient capacity to decide on their own medical treatment. Children under 16 can consent if they have enough intelligence, competence, and understanding to fully understand their treatment, or if someone with parental responsibility can consent for them.
At what age can a child make their own medical decisions in BC?
In British Columbia, a child under 19 can consent to their own health care if they are capable. This is considered capable if the child understands the need for the care, the involved steps, and the benefits and risks of receiving or not receiving the care. The law applies to all children in British Columbia, Canada, and was reviewed for legal accuracy in June 2018. This information is relevant to the Ministry of Attorney General’s Legal Services Branch.
Can a 17 year old see a doctor without a parent in Florida?
In the state of Florida, individuals under the age of majority are not legally permitted to consent to their own medical treatment without the express consent of their legal guardians. In the event that a physician administers medical treatment to a minor without the consent of the minor’s legal guardian or representative, the physician may be held liable for battery under the principles of common law.
Can a 16 year old go to the doctor alone in PA?
Pennsylvania law requires parental consent for medical treatment for minors under 18. However, minors can consent to all medical, dental, and other health services if they have graduated from high school, been married, or been pregnant. Emancipated minors can consent to all health services, including abortion, without any additional consent. These minors have the same rights to consent and confidentiality as adult patients.
Can a 17 year old go to the doctor alone in NC?
Minor children typically acquire decisional capacity before reaching the age of consent for most legal purposes. This capacity is similar to that of adults and is crucial in healthcare, as it allows them to understand their health status, needs, and options and make decisions about them. In North Carolina, a minor can give consent for their own healthcare if they are determined to have the requisite decisional capacity, as per N. C. G. S. 90-21. 5, the minor consent law.
North Carolina law also allows physicians to treat a minor without consent in certain emergencies and urgent circumstances. These circumstances include the minor’s inability to contact or locate their authorized person, the minor’s identity being unknown, the need for immediate treatment being so obvious that any attempt to obtain consent would delay the treatment long enough to endanger the minor’s life, or the delay in contacting the authorized person would worsen their physical condition.
Can a minor be seen by a doctor without a parent in Texas?
In the event that a parent or legal guardian is unavailable and has not provided explicit authorization, the following individuals may consent to minor healthcare treatments, with the exception of immunizations, on behalf of a minor: a grandparent, an adult sibling, or an adult aunt or uncle.
Can a 17 year old go to the doctor alone in Illinois?
In accordance with Illinois legislation, individuals below the age of 18 are considered minors, and parental or guardian consent is typically required for the provision of most healthcare services. Nevertheless, there are exceptions to this rule, depending on the individual’s legal status, medical condition, or treatment. In some cases, minors are permitted to access certain services independently.
Can a 16 year old go to the doctor alone in Florida?
A 17-year-old University of Florida student is admitted to the Shands emergency room with acute lower abdominal pain, requiring surgery. The emergency department physician determines she has appendicitis and will need surgery. Although the student is living independently and is considered an adult, at 17 she is still legally a minor, requiring parental consent for treatment. Health care providers within the University of Florida Health System face unique issues daily, such as whether medical consent is required when minors need treatment.
A minor is any person under the age of 18 who is not married and has not been emancipated. A minor over the age of 16 can be emancipated either by a judge or common law. A minor can also be considered emancipated if she has “broken the bonds of subjection of the child to the parent”, which may include living independently, supporting herself, maintaining a job for self-support, and being liable for her own debts. However, an unmarried, unemancipated minor is unable to consent to most medical treatment.
Natural parents, adoptive parents, legal custodians, and legal guardians have the power to consent when minors need medical care. When a parent or legal guardian is not available, Florida Statutes prescribe a list of individuals (in priority order) who can consent to non-surgical “ordinary medical care and treatment”. If a parent is not available, the physician can first look to a step-parent, then a grandparent, adult sibling, or adult aunt or uncle.
If the child is in the custody of the Department of Children and Families or the Department of Juvenile Justice, the caseworker, probation office, or the administrator of the state residential facility where the individual resides can consent to medical treatment when the parent or guardian cannot be reached.
If a physician or other health care provider needs to provide care that was not consented to by either a parent or guardian, it is essential to document in the medical record details about the attempts to contact a parent, along with the reason consent was provided by someone other than a parent. Moreover, a parent should be advised of medical treatment as soon as possible.
There are times when a minor is permitted to consent to medical care for himself/herself, such as blood donations, examination and treatment for sexually transmitted diseases, and mental health services.
The evaluation of a minor’s issue should determine its severity and potential harm if additional help is not provided. Mental health professionals have the authority to evaluate minors, but they do not have the authorization to prescribe medication, use somatic methods, make use of aversive stimuli, or employ substantial deprivation. Minors can also receive crisis intervention services such as psychotherapy, group therapy, group therapy, or other verbal therapy. If the minor has more than two visits in a one week period for either evaluative or therapeutic services, parental consent is required for additional care.
Reproductive care and services for minors receive special legal treatment. An unwed pregnant minor can consent to any medical care provided by her physician so long as it is related to her pregnancy. She can also consent to any medical services for her child provided by a physician. Physicians do not have to involve the minor’s parent for a medical procedure involving her pregnancy or her existing child, including making life or death decisions such as the removal of life support.
Migrants who are married, pregnant, or have had a child can receive maternal health and contraceptive services of a non-surgical nature from a physician or through the Department of Health. A physician can also provide these services if he/she believes the minor will suffer probable health hazards without the services. A sexually active, non-pregnant minor who has not previously had a child cannot obtain birth control without a parent’s permission unless she would suffer a “health hazard”.
Florida requires a physician to contact a pregnant minor’s parents in person or by telephone at least 48 hours prior to the termination of a pregnancy. If the physician reaches the parent by phone, the parent’s name and phone number should be recorded in the medical record. A referring physician can also perform parental notification, but the physician performing the abortion must get a written statement certifying notice was completed.
If the physician is unable to reach a parent, a certified letter must be mailed to the parent’s last known address with the physician’s name and the name and address of the facility where the abortion is scheduled to occur.
Can a 17 year old see a doctor without a parent in NY?
In accordance with New York state legislation, certain minors are legally permitted to consent to their own healthcare. This includes pregnant adolescents, parents, married minors, members of the armed forces, minors who have been emancipated, and incarcerated minors.
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