What are the circumstances under which adolescents may consent for care?
The circumstances in which adolescents may consent for their own care and in which confidentiality is protected vary from state to state depending upon the adolescent's status as a minor or adult, the service involved, and the provider's level of concern regarding harm to the patient or others.
What is the age of consent to treat a patient?
In most states, age 18 is the age of majority and thus, before treating a patient under the age of 18, consent must be obtained from the patient’s parent or legal guardian.
How does age affect assent and informed consent in psychotherapy?
As the minors’ age and developmental level increase their ability to comprehend the nature and vicissitudes of the psychotherapy process and each party’s role, responsibilities, and obligations typically increases as well. Thus, as McCabe (2006) illustrates, it is helpful to think of assent and informed consent as being on a continuum.
Can a minor consent to medical treatment on her own?
Depending upon the particular state, minors who are or have been married, are themselves parents, attend college away from home, are members of the military, and other similar situations may be allowed to consent to treatment on their own behalf.
At what age can a patient give an informed consent?
In the United States, generally speaking, it often falls to parents or legal guardians to provide informed permission for medical decisions and children under 18 are to give assent [14].
Can a 12 year old consent to therapy Ontario?
There is no general age of consent to treatment or counselling; instead, the issue depends on whether the young person is capable of consenting.
Can teenagers give informed consent?
Under AB 499, adolescents aged 12 and over can give their own consent for services that prevent sexually transmitted diseases, including both the HPV vaccine and post-exposure HIV prophylaxis. AB 499 amended section 6296 of the Family Code.
What is the legal age of consent for medical treatment in Australia?
18 yearsIn general, Australian law recognises that individuals aged 18 years and over have full legal capacity, such that they are capable of making decisions relating to their own health care. Prior to that age, parents (or legal guardians) are entitled to consent to their child's medical and dental treatment.
Can under 16 refuse medical treatment?
Depending on the circumstances it can be obtained from the minor, their legal Guardian or the court. Minors (u 18) cannot give a legally valid consent to treatment, subject to the following exceptions: 16/17 year olds are assumed competent to consent to medical treatment. (Family Law Reform Act 1969, s.
What is the age of consent in Canada for medical treatment?
14 yearsIn Quebec, the age for consenting to medical treatment that is necessary for health is 14 years. A child under 14 years cannot make health decisions on their own.
Can a 15 year old consent to medical treatment?
You can provide medical treatment to a child or young person with their consent if they are competent, or with the consent of a parent or the court. You can provide emergency treatment without consent to save the life of, or prevent serious deterioration in the health of, a child or young person.
Can a 12 year old give consent to medical treatment?
Children under the age of 16 can consent to their own treatment if they're believed to have enough intelligence, competence and understanding to fully appreciate what's involved in their treatment. This is known as being Gillick competent. Otherwise, someone with parental responsibility can consent for them.
Can 16 year olds consent to research?
Young people aged 16-18 with sufficient understanding are able to give their full consent to participate in research independently of their parents and guardians.
Can a 14 year old go to the doctors alone?
Yes. There is no reason why you can't ask to see the doctor by yourself. They might want to find out why and might encourage you to tell your parent or carer.
Can a child give consent?
Consent to treatment in Québec In Québec, the age of consent is generally 14 years of age. If the child is below that age, or does not have the capacity to consent, the consent of the parent or guardian, or a court order, is required.
At what age must a youth provide consent for their parents to access their Medicare records?
The AMA position is that a person aged 15 or over should have the right to keep his or her Medicare records confidential, as at that age people are making independent decisions about their lives, with some leaving school and entering the workforce.
What are the laws governing consent for health care?
The basic laws governing consent for health care are state laws; clinicians who treat adolescents need to be aware of the laws in their state. Confidentiality provisions are found in both state and federal law. Clinicians who treat adolescents also must be aware of the guidelines governing federal and state funding sources for particular services, ...
When is informed consent complex?
The concepts of informed consent and confidentiality are complex when the patient is an adolescent. This is particularly true when the needs and wishes of the adolescent conflict with the opinions and preferences of the parents [ 1 ].
Can adolescents consent to their own care?
The circumstances in which adolescents may consent for their own care and in which confidentiality is protected vary from state to state depending upon the adolescent's status as a minor or adult, the service involved, and the provider's level of concern regarding harm to the patient or others. The basic laws governing consent for health care are ...
Do clinicians have to be aware of the guidelines governing federal and state funding sources for particular services?
Clinicians who treat adolescents also must be aware of the guidelines governing federal and state funding sources for particular services, particularly when funding source guidelines contain specific requirements related to confidentiality.
Is consent law identical to confidentiality law?
The specific provisions of consent laws and confidentiality laws also vary and are not identical to each other. The information in this topic focuses on consent in adolescent health care in the United States. Clinicians who treat adolescents must be aware of the federal and state laws related to adolescent consent and confidentiality.
Case File
The following resources provide information about additional areas of adolescent treatment that practices often find challenging relative to the consent process:
Discussion
When an unaccompanied adolescent patient presents for non-urgent treatment, a parent’s consent is necessary. In this example, because the parent and patient had an established relationship with the dermatologist, telephone consent from the parent for this simple follow-up appointment was sufficient.
Medical Liability Risk Management Recommendations
Prior to obtaining consent over the telephone for the treatment of an unaccompanied minor, or when obtaining consent for a series of treatments, it is important to establish a relationship with the patient and their parent (s).
Who has the right to consent to a child's psychotherapy?
Parents or guardians have the legal right to consent to their minor child’s or adolescent’s treatment, to decide on the parameters of the course of treatment and potentially have complete access to all information from the psychotherapy process; however, one must consider the appropriateness of this on a practical level.
How is assent different from informed consent?
Assent is different from informed consent in that assent involves sharing information to the child so that she or he will understand the services to be provided, the nature of the process, the psychotherapist’s role and the child’s role, and other relevant information. The goal is to share basic information with the child at a level ...
What is informed consent in psychotherapy?
Informed consent lays the foundation for the psychotherapy relationship and treatment to come in respecting the client’s legal rights and offering her or him the opportunity to make an informed decision about participating in the treatment to be offered. Barnett, Wise, Johnson-Greene, & Bucky (2007) have highlighted the potential benefits of an appropriately implemented informed consent process: 1 It is a collaborative process that sets the tone for the psychotherapy relationship, promoting an enhanced therapeutic alliance. 2 It promotes shared decision-making power in the relationship. 3 It promotes the client’s autonomy and empowers the client to play an active role in her or his treatment. 4 It minimizes the risk of exploitation of, and harm to, the client through this information sharing and collaborative decision-making process.
What is informed consent?
The informed consent process also is required by the ethics code and in the licensing laws and regulations of each of the mental health professions. Licensing laws and regulations make clear the legal requirements and obligations for informed consent. One such requirement is the age of majority for that jurisdiction and ...
Why is informed consent important?
Thus, the informed consent process is of great importance for clarifying roles, responsibilities, and expectations with agreements being reached at the outset, before treatment is provided.
Why is it important to include a minor in a child's treatment?
Even in situations where the parent or guardian legally is “the client” it is important for clinical and ethical reasons to include the minor (the direct recipient of our services) in this information sharing and decision-making process. For very young children it will be important to obtain their assent to treatment.
Do minors have to participate in informed consent?
But, that does not mean they should not play any role in the informed consent process. Depending on the minor’s age and developmental level, minors may have varied levels of participation in the informed consent process.
INTRODUCTION
Minors (persons under the age of legal consent as defined by state law) often require care in the prehospital environment and present to emergency departments (EDs) with medical concerns. Parental consent generally is required for the medical evaluation and treatment of minor children.
EVALUATION AND TREATMENT OF THE UNACCOMPANIED MINOR
If a parent or legal guardian is present or available, the health care professional treating the child should make every reasonable effort to obtain and document informed consent. Children occasionally present to the ED unaccompanied by a parent or legal guardian.
EMANCIPATION AND THE MATURE MINOR DOCTRINE
There are 3 situations in which a minor, rather than his or her parents, has the legal authority to make decisions regarding his or her health care: emancipation; the mature minor exception; and exceptions based on specific medical conditions.
CONSENT FOR NONURGENT PEDIATRIC CARE OF CHILDREN ACCOMPANIED BY SOMEONE WHO IS NOT AUTHORIZED TO PROVIDE LEGAL CONSENT
Health care professionals should refrain from providing nonurgent testing and treatment to children who present to medical facilities unaccompanied by a custodial parent or legal guardian.
REFUSALS OF CONSENT FOR EMERGENT EVALUATION AND TREATMENT
A particularly challenging situation occurs when the health care professional is faced with a legal guardian who refuses to give permission for treatment of a child in situations in which such treatment is considered essential to the child's well-being.
INFORMED CONSENT AND THE LANGUAGE BARRIER
If a language barrier exists, informed consent for medical treatment should, when clinical circumstances permit, be obtained through a trained medical interpreter.
CONSENT AND CONFIDENTIALITY
State statutes that allow the consent of a minor do not all guarantee an adolescent protection from parental disclosure. However, some states explicitly require either confidentiality or parental notification.
What is the law that allows a minor to give consent to HIV testing?
Laws that explicitly allow a minor to give informed consent to HIV testing, treatment, and/or prophylaxis, including pre-exposure prophylaxis (PrEP), or. Laws that allow a minor to give informed consent to general health care, services, or procedures. As of 2020, all jurisdictions have laws that explicitly allow a minor of a particular age ...
Can a minor give consent to HIV treatment?
Jurisdictions have different types of laws, and the age at which the minor has the legal right to provide informed consent to receive STD or HIV services varies by jurisdiction: Laws that explicitly allow a minor to give informed consent to receive STD diagnosis and treatment, and/or prevention. Laws that explicitly allow a minor ...
Who Is The Client?
Informed Consent and Assent
- Except in situations consistent with certain exceptions allowed under the laws in one’s jurisdiction (e.g., when the minor is married or in the military, an emancipated minor) minors are not typically allowed to consent to their own treatment. But, that does not mean they should not play any role in the informed consent process. Depending on the minor’s age and developmental level, minor…
Including The Minor in The Informed Consent Process
- Even when they do not yet have the legal right to give their own consent to treatment, research has demonstrated that many minors possess the cognitive and emotional abilities to understand the consequences of their decisions, to include health care decisions. In fact, minors as young as 12 years of age frequently possess this ability (Redding, 1993). While they may not have the lega…
Negotiating Parents’ Rights in This Process
- Parents or guardians have the legal right to consent to their minor child’s or adolescent’s treatment, to decide on the parameters of the course of treatment and potentially have complete access to all information from the psychotherapy process; however, one must consider the appropriateness of this on a practical level. Psychotherapists should con...
Recommendations For Practice
- Know the laws in your jurisdiction with regard to age of consent as well as for when minors have the legal right to consent to their own treatment.