The right to refuse life-saving therapies on religious grounds is also strongly defined, most notably the refusal of blood transfusions by Jehovah’s Witnesses. Whether the same rights apply to minors (typically defined as younger than 18, though the definition varies by state) is more complex.
Full Answer
Can a minor legally refuse medical treatment?
· “My professional opinion is that at [age] 12 and above, kids should have the ability to override parent decisions only in circumstances where a …
Can a 16 year old refuse treatment for leukemia?
· The general rule is that for medical treatment of minors (children under the age of majority; typically 18), parental consent is required. It is felt that minors are not considered competent to make these type decisions. However, something loosley referred to as the "Mature Minor Doctrine", provides an exception to this general rule.
When can you legally refuse life-sustaining treatment?
The right to refuse life-saving therapies on religious grounds is also strongly defined, most notably the refusal of blood transfusions by Jehovah’s Witnesses [3]. Whether the same rights apply to minors (typically defined as younger than 18, though the definition varies by state) is more complex. The legal norm for minors is that parents ...
Can a teenager refuse to discontinue life-saving therapies?
· – From a legal perspective, Cassandra, her mother, and her lawyers did not assert the mature minor doctrine, which asserts that minors as …
What does the court consider when deciding a child's refusal?
Courts also consider whether the parent (s) agree with their child’s refusal. While parents’ rights can be trumped by the state, courts provide a great deal of latitude for parental decision making, as in E.G.’s case when the mother’s agreement may have ultimately determined the court’s decision [9]. In contrast, when the court did not believe the child had a true ability to express his or her wishes (as in Daniel’s case) or did not have an opportunity to hear the child’s perspective (Shannon’s case), it favored protecting the child over granting decision making power to the parents [10, 11].
What do courts consider in evaluating a minor?
Lastly, courts consider and evaluate the minor’s competency and level of understanding. Both E.G.’s and Daniel’s cases involved testimony by experts about the minor’s maturity, level of sophistication in articulating their religious views, and understanding of the consequences of refusing treatment [9, 10].
Why did Daniel refuse chemotherapy?
The refusal was based on their religious practice of Nemenhah, a Native American healing practice in which Daniel was a medicine man and which forbade chemotherapy because of a prohibition against doing harm [10]. Daniel was unable to articulate why he opposed the chemotherapy beyond the notion of “do no harm,” and experts placed his reading below ...
Can a minor give consent to a medical procedure?
Most states provide certain universal exceptions, instances in which minors can give medical consent. One is for emergency care when a parent is not available in time to provide consent [7]. Another exception is for emancipated minors, who are deemed legally independent from their parents in all legal capacities, including medical decisions [7]. Some states have statutes that specify types of care for which parental consent is not required, such as treatment for sexually transmitted infections, treatment for substance abuse or mental health, or requests for contraceptives [8]. Lastly, states may have “mature minor” doctrines, under which minors can petition the court to recognize that they fully understand the treatments and consequences of their decisions and should therefore be allowed to make treatment decisions independently, either in contradiction to their parents’ wishes or without consulting their parents [7]. Courts often view teenagers’ refusal of life-saving therapies as an extension of the mature minor rules.
Is parental consent required for mental health?
Some states have statutes that specify types of care for which parental consent is not required, such as treatment for sexually transmitted infections, treatment for substance abuse or mental health, or requests for contraceptives [8].
Can a teenager refuse lifesaving therapy?
Three stories help illustrate the key considerations a court generally weighs when asked whether a teenager should be allowed to refuse life-saving therapies.
Does every refusal involve religion?
While not every refusal involves religion, many do, whether the belief is on the part of the child, the parent, or both. The freedom to practice religion is strongly undergirded by the First Amendment of the Constitution, which prohibits Congress from making any law that interferes with it [12].
What age can a minor consent to a mental health treatment?
At age 14 and older for treatment of STDs. At age 12 and older for drug and alcohol abuse treatment. A minor's ability to consent to other services, including contraceptive services or mental health services is dependent upon the provider's determination that the minor is competent to make an informed consent.
What to do if a minor is in an emergency department?
(If a minor comes to an Emergency Department for care, assure no payment questions are asked until the minor has received a Medical Screening Exam (MSE) to avoid an EMTALA violation.)
Why are confidentiality laws important for minors?
Most youth-serving agencies and medical professionals believe that access to confidential services is essential because many sexually active adolescents will not seek care if they have to inform a parent or have their parent's consent. Minors' consent laws become extremely important for these situations. The laws encourage young people to seek the health care services they need and allow them to speak candidly and confidentially with their health care providers.
How long does it take to report a sexual assault to the Department of Children and Families?
33VSA 4911 Health care providers are required to report such incidents to the Department of Children and Families within 24 hours.
Why is consent important for minors?
The laws encourage young people to seek the health care services they need and allow them to speak candidly and confidentially with their health care providers.
How old do you have to be to give consent to family planning?
A minor may consent to family planning services. Is twelve years of age or older who is found to be drug dependent by two or more physicians may give consent to treatment related to this diagnosis. Chapter 112- Section 12E. Is sixteen years of age or older may commit themselves to a mental health facility.
How old do you have to be to commit to mental health?
Is sixteen years of age or older may commit themselves to a mental health facility. Children who believe they have contracted a dangerous, contagious disease, diseases dangerous to public health, and STDs. Abortion requires the consent of the patient (minor) as well as both parents. Chapter 112- Section 12S.
What age can a minor get a shot?
A minor age 11 or older may consent to receive a vaccine where the vaccination is recommended by the United States Advisory Committee on Immunization Practices. The law also establishes that if a minor is able to comprehend the need for, the nature of, and any significant risks inherent in the medical care then informed consent is established.
How old do you have to be to consent to a minor's health care?
A minor may consent to the minor’s own health care if the minor is: (i) At least 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. KANSAS. Kan. Stat. § 38-123b.
What is the law in North Dakota for unaccompanied minors?
SB 2265 (2021) An unaccompanied homeless minor 14 years of age or older may consent to, contract for, and receive medical, dental, or behavioral health examinations, care, or treatment without permission, authority, or consent of a parent or guardian.
How old do you have to be to give consent to a hospital?
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.
What age can you give consent to abortion?
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 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.
How old do you have to be to get medical care in Alaska?
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. ALASKA.
Can a minor live on their own?
If a state is not listed, we did not find any law allowing minors living on their own to consent for routine health care or diagnosis/treatment of infectious diseases, which means it is unlikely that unaccompanied homeless minors in that state will be able to receive such care or a vaccine without a parent or legal guardian.
When a minor requests treatment for one of the exceptions permitted under California law, is it in the best interest of
Therefore, when a minor requests treatment for one of the exceptions permitted under California law, it is in the best interest of all involved for the physician to discuss payment and authorization to release information prior to the service. If the minor insists that their privacy be protected and they do not have a means for payment, ...
Why are parents angry when they are being billed?
Further, the physician and office staff may violate the minor's federal and state privacy rights by releasing the minor's protected health information to the insurance company and parents for payment.
Do minors need a parent?
Kimberly Danebrock, RN, JD. In general, minors (individuals under the age of 18 years) require a parent or legal guardian to consent for medical care and treatment. However, there are a few exceptions that allow minors* to provide their own consent for certain types of medical care. These exceptions are related to reproductive issues (birth ...
Can a doctor see a minor in California?
Making it even more confusing for medical offices, each exception has its own set of rules and exceptions. California law authorizes a physician to see a minor for the care and treatment of these allowed exceptions. Further, if the minor is the one providing consent, any information related to their care and treatment should not be released ...
Can a parent give consent to a minor?
Further, if the minor is the one providing consent, any information related to their care and treatment should not be released to anyone else, including a parent or legal guardian, without the authorization of the minor. A parent or legal guardian is not responsible for payment of services that result from the minor providing their own consent ...
What is the age limit for minors to consent to treatment?
In several states, such as Vermont and California, this right is granted to minors as young as 12.2
When a parent or guardian is not available to give consent and a delay in treatment would be life answer
When a parent or guardian is not available to give consent and a delay in treatment would be life-threatening or cause the patient serious harm, consent is presumed. To the extent feasible, however, consent should be obtained for any resultant ongoing treatment.
How old do you have to be to give consent to 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. This seems relatively straightforward; however, with today’s reality of blended families and children being chauffeured around by nannies and other caregivers, it is not always easy to determine who is accompanying the patient and whether he or she has legal authority to grant consent. In order to avoid confusion, consider the following:
What age can a minor be emancipated?
Court-ordered emancipation. A child under the age of 18 who lives independently without the support of parents and makes his or her own day-to-day decisions may petition the court for emancipation. If granted, the minor will have the same legal rights as an adult, including the right to consent to (and refuse) medical treatment. If a minor patient advises you that he or she is emancipated, obtain a copy of the decree to place in the patient’s record.
What to do if a minor is in custody of a legal guardian?
If the minor is in the custody of a legal guardian, ask for proof of guardianship before treating.
When a minor is allowed to consent to treatment, a conversation should occur in which the minor’s expectations regarding
When a minor is allowed to consent to treatment, a conversation should occur in which the minor’s expectations regarding privacy are discussed. Typically, the right to consent to treatment goes hand-in-hand with the right to confidentiality. While it is important to honor a patient’s privacy rights, a minor’s health situation may be such that it is preferable (or even necessary) to make the minor’s parents aware. As such, minor patients should be told up front that there may be times when you will not be able to honor their requests for confidentiality. “In cases when the physician believes that without parental involvement and guidance, the minor will face a serious health threat, and there is reason to believe that the parents will be helpful and understanding, disclosing the problem to the parents is ethically justified. When the physician does breach confidentiality to the parents, he or she must discuss the reasons for the breach with the minor prior to the disclosure.”3
Who is the legal guardian of a minor?
There may be minor patients for whom a guardian ad litem or legal guardian has been appointed to represent the interests of the minor. In these instances, it is often a state agency that has legal custody of the minor and is the legal guardian. The responsibilities and limits of authority of the guardian will be stated in a court order. Obtain a copy of the court order and examine it carefully prior to treatment to determine any limits on the ability of the legal guardian to consent to treatment of the minor patient.
How to refuse treatment?
The best way for a patient to indicate the right to refuse treatment is to have an advance directive, also known as a living will. Most patients who have had any treatments at a hospital have an advance directive or living will.
What is the best way for a patient to indicate the right to refuse treatment?
Advance Directives. The best way for a patient to indicate the right to refuse treatment is to have an advance directive, also known as a living will. Most patients who have had any treatments at a hospital have an advance directive or living will.
What are the rights of a patient who refuses treatment?
In addition, there are some patients who do not have the legal ability to say no to treatment. Most of these patients cannot refuse medical treatment, even if it is a non-life-threatening illness or injury: 1 Altered mental status: Patients may not have the right to refuse treatment if they have an altered mental status due to alcohol and drugs, brain injury, or psychiatric illness. 6 2 Children: A parent or guardian cannot refuse life-sustaining treatment or deny medical care from a child. This includes those with religious beliefs that discourage certain medical treatments. Parents cannot invoke their right to religious freedom to refuse treatment for a child. 7 3 A threat to the community: A patient's refusal of medical treatment cannot pose a threat to the community. Communicable diseases, for instance, would require treatment or isolation to prevent the spread to the general public. A mentally ill patient who poses a physical threat to himself or others is another example.
What is the end of life refusal?
End-of-Life-Care Refusal. Choosing to refuse treatment at the end of life addresses life-extending or life-saving treatment. The 1991 passage of the federal Patient Self-Determination Act (PSDA) guaranteed that Americans could choose to refuse life-sustaining treatment at the end of life. 9 .
What must a physician do before a course of treatment?
Before a physician can begin any course of treatment, the physician must make the patient aware of what he plans to do . For any course of treatment that is above routine medical procedures, the physician must disclose as much information as possible so you may make an informed decision about your care.
When a patient has been sufficiently informed about the treatment options offered by a healthcare provider, the patient has the right
When a patient has been sufficiently informed about the treatment options offered by a healthcare provider, the patient has the right to accept or refuse treatment, which includes what a healthcare provider will and won't do.
What are the four goals of medical treatment?
There are four goals of medical treatment —preventive, curative, management, and palliative. 2 When you are asked to decide whether to be treated or to choose from among several treatment options, you are choosing what you consider to be the best outcome from among those choices. Unfortunately, sometimes the choices you have won't yield ...
