The States and Medical Care for Minors States have traditionally recognized the right of parents to make health care decisions on their children's behalf, on the presumption that before reaching the age of majority (18 in all but four states), young people lack the experience and judgment to make fully informed decisions.
Should minors have the right to consent for medical care?
Establishing rules for minors' consent for medical care has been one of the more difficult issues to face policymakers. On the one hand, it seems eminently reasonable that parents should have the right and responsibility to make health care decisions for their minor child.
Should minors make decisions about their own medical care?
Recognizing this reality, many states explicitly authorize a minor to make decisions about their own medical care, but balancing the rights of parents and the rights of minors remains a topic of debate.
What is the right to make a treatment choice?
The Right to Make a Treatment Choice . As long as a patient is considered to be of sound mind, it is both his right and responsibility to know about the options available for treatment of his medical condition and then make the choice he feels is right for him. This right is closely associated with the Right to Informed Consent.
Do doctors have to tell parents if a minor is seeking treatment?
Although some states give doctors the option of informing parents that their minor son or daughter has received or is seeking these services, these laws leave the decision of whether to inform the parents entirely to the discretion of the physician as to the best interests of the minor.
At what age can you make your own medical decisions in the US?
When a child turns 18 years old, they are an adult. The 18-year-old (young adult) has the right to make medical decisions that their parents or guardians used to make. The doctors and clinic staff must talk directly to the young adult about their needs, care, and choices.
What right does the patient have at the age of 17 to know her own diagnosis?
The bottom line is the patient does have a right to know his or her diagnosis, for two main ethical reasons: 1) it is the patient's information, not anyone else's, so the patient is entitled to that information; and 2) there will always be additional decisions to make, even if the diagnosis is terminal, so the patient ...
When should kids participate in medical decisions?
Weithorn & Campbell found children as young as 9 years old to have the capacity to make informed choices [5]. In addition, some studies conclude that children at age 14 or 15 are as competent as adults [5–7].
Do parents have the right to make medical decisions?
Parents have the responsibility and authority to make medical decisions on behalf of their children. This includes the right to refuse or discontinue treatments, even those that may be life-sustaining. However, parental decision-making should be guided by the best interests of the child.
Can a 13 year old make their own decisions?
Many parents tell me their child will be 12 years old, 13 years old, 14 years old soon and will be able to make their own decisions. They appear to be uniformly surprised to learn that a minor child does not have the legal right to decide which parent to live with.
Can a 12 year old make their own decisions?
“In some instances, kids 12 and above are developmentally ready to make their own medical decisions, like for vaccines or receiving recommended healthcare treatments where there are harmful consequences if they do not receive them,” she told Healthline.
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.
At what age is a child able to make decisions?
18 years of ageVisitation Decisions Depend on Age Legally, children can make their own decisions when they reach the age of majority, which is 18 years of age.
When parents refuse treatment for their child?
State intervention on a medical decision for a minor may go further than just health care. When parents refuse necessary or life-saving care for their child, they could face serious legal consequences as well. States often refer to this as medical neglect and have laws against it.
Do minors have autonomy?
Autonomy is usually considered as a main principle in making decisions about individuals' health. Children and particularly adolescents have the capacity to take part in medical decision-making to some extent.
Can doctors override parents?
According to McDougall and Notini, physicians have no authority to override a parent; they can only ask the state to do so.
Can a minor give consent?
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.
What is the age limit for a minor to consent to their own health care in Indiana?
INDIANA. Ind. Code § 16-36-1-3. 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.
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.
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.
Is consent necessary for medical care in Arkansas?
The consent of the parent, or parents, of such a person is not necessary in order to authorize hospital, medical and surgical care. ARKANSAS. Ark. Code § 20-9-602 (7) Any one 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, ...
Can a minor give consent to a dentist?
A minor living apart from his or her parents and who is managing his or her own financial affairs, regardless of the source or extent of income, may give consent for medical or dental services. ARIZONA. Ariz. Rev. Stat. § 44-132.
Can a minor get dental care without parental consent?
Medical, dental and health services may be rendered to minors of any age without the consent of a parent or legal guardian when, in the physician’s judgment, an attempt to secure consent would result in delay of treatment which would increase the risk to the minor’s life or health. RHODE ISLAND.
Who reviews state laws pertaining to minors' authority to consent to medical care?
The Alan Guttmacher Institute has periodically reviewed state laws pertaining to minors' authority to consent to medical care and to make other important decisions without their parents' knowledge or permission. This year its review was expanded to also take into account state court decisions and attorneys general opinions ...
How many states have medical consent laws?
In addition to laws and policies that permit minors to consent to specific services, 21 states have statutes that authorize minors to consent to general medical and surgical care, at least under some circumstances, such as having a child, being pregnant or having reached a certain age. In Alabama, for example, minors aged 14 ...
What are the rights of minors?
Many states specifically authorize minors to consent to contraceptive services, testing and treatment for HIV and other sexually transmitted diseases, prenatal care and delivery services, treatment for alcohol and drug abuse, and outpatient mental health care. With the exception of abortion, lawmakers have generally resisted attempts ...
How many states have contraceptive laws?
The review, conducted in July 2000, found the following: • Twenty-five states and the District of Columbia have laws or policies that explicitly give minors the authority to consent to contraceptive services. • Twenty-seven states and the District of Columbia have laws or policies that specifically authorize a pregnant minor to obtain prenatal care ...
Why is parental guidance important?
Because terminating an unplanned pregnancy can have a significant long-term impact on a woman's psychological and emotional well-being, they say, parental guidance is especially important. However, states allow minors to make other decisions that can have a lasting effect on their lives.
Which states prohibit the use of state funds to provide contraceptive services to minors without parental consent?
However, two states—Texas and Utah —prohibit the use of state funds to provide contraceptive services to minors without parental consent. And one state—Iowa—requires that parents be notified if their child receives a positive HIV test. In addition to laws and policies that permit minors to consent to specific services, ...
Why is it important for adolescents to have access to confidential services?
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 are extremely important," argues Abigail English, director of the Center for Adolescent Health and the Law. "They encourage young people to seek the health care services they need and enable them to talk candidly with their providers."
Why are young people denied the right to make their own medical decisions?
The only reason young people are denied the right to make their own medical decisions is because they are also denied the right to receive medical information. Although medical rights were expanding for adults, progress for minors continued to be hindered by the faultless factor of age.
What are the standards England uses to determine the competency of young people to consent to or refuse medical treatment?
Their two standards are the Fraser Guidelines and the Gillick competency test.
What is informed consent?
Making Decisions About Treatment. According to the American Medical Association, the right to informed consent to medical treatment is considered to be fundamental both ethically and by law. However, young people are usually denied this right, and are forced into treatment without consent, or prevented from obtaining necessary treatment, ...
What are the criteria for evaluating whether a patient is competent?
When evaluating whether or not a patient is competent, physicians are to seek the criteria of experience, autonomy, intellect, perceptivity, and of course, maturity.
What is the Patient Self-Determination Act?
The Patient Self-Determination Act (PSDA) of 1990, which required health care providers to inform patients of all relevant information about their condition and prognosis, educate them about their options, and leave the choice up to the patient’s best judgement prior to any action.
Why do parents prevent young people from receiving medical care?
Sometimes parents prevent young people from receiving medical care because it goes against their religion or personal beliefs. When the values of young people explicitly conflict with the values of their parents, those values can be disregarded entirely.
Why is it bad for young people to be denied access to basic information regarding diagnosis and treatment?
This has unseen health consequences because people are more likely to seek medical care if they believe their provider will keep their information private . Young people can be also denied access to basic information regarding diagnosis and treatment, simply at the request of their parents.
Who is considered the personal representative of a child?
When it comes to a child receiving care, a parent or guardian is considered the “ personal representative ” of the child. This means they make the decisions when it comes to care, and have access to all health information in regards to their child.
Can a child have STI without parent consent?
In all states, children are allowed to receive tests and treatment for STI’s without parent’s consent, and have the ability to withhold information in regards to results and treatment 3. In 18 states however, doctors have a right to inform the personal representative if they feel it is in the minor’s best interest.
Can a medical professional be held accountable for withholding information?
Said individuals are subject to the same fines if they were to violate a minor or an adult’s HIPAA rights. A majority of the time a medical professional will not be held accountable for withholding information, minor or not.
Can minors keep their health information confidential?
Minors have rights that can keep some of their health information confidential from everyone, including parents . While it should be ideal for minors to be completely open to their parent or guardian about their health, some situations do not allow that to be the case.
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 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.
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 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 .
How can a patient's wishes be honored?
Another way for a patient's wishes to be honored is for the patient to have a medical power of attorney. This designates a person to make decisions on behalf of the patient in the event they are mentally incompetent or incapable of making the decision for themselves.
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 ...
Why do patients make this decision?
Patients make this decision when they believe treatment is beyond their means. They decide to forgo treatment instead of draining their bank accounts. Those who live in a country with a for-profit healthcare system may be forced to choose between their financial health and their physical health.
What is the right to make a treatment choice?
The Right to Make a Treatment Choice. As long as a patient is considered to be of sound mind, it is both his right and responsibility to know about the options available for treatment of his medical condition and then make the choice he feels is right for him.
What is the right to be treated with respect?
The Right to Be Treated with Respect. All patients, regardless of their means or health challenges, should expect to be treated respectfully and without discrimination by their providers, practitioners, and payers.
What is the right to obtain medical records?
The Right to Obtain Your Medical Records. The HIPAA Act of 1996 provides patients in the United States a right to obtain their medical records, including doctors' notes, medical test results and other documentation related to their care. 1 .
What to do if you believe your patients' rights have been violated?
If you believe your patients' rights have been violated, you can discuss it with a hospital patient advocate or your state's department of health.
What is the right to make decisions about end of life care?
The Right to Make Decisions About End-of-Life Care. Each state in the United States governs how patients may make and legally record the decisions they make about how their lives will end, including life-preserving measures such as the use of feeding tubes or ventilators.
Can a patient refuse treatment?
In most cases, a patient may refuse treatment as long as he is considered to be capable of making sound decisions, or he made that choice when he was of sound mind through written expression (as is often the case when it comes to end-of-life care).
What are the rights of patients?
Patients have rights in a medical setting, including the right to care and the right to refuse treatment, among other important protections. Patient rights are those basic rule of conduct between patients and medical caregivers as well as the institutions and people that support them. A patient is anyone who has requested to be evaluated by ...
Who has the right to refuse care?
Right to Refuse Care - Adults, Parents, and Children. Along with the right to adequate and appropriate healthcare, competent adult patients have the right to refuse health care (it is wise to document that the patient clearly understands the risks and benefits of their decision), but exceptions do occur.
What is the duty of a doctor?
The doctor has the duty to continue a patient's healthcare after consenting to provide medical care unless the patient no longer requires treatment for the illness. The doctor must notify the patient and transfer care to another acceptable doctor if planning to withdraw care. The doctors may be charged with negligent abandonment for ending the relationship with the patient without appropriate referral, transfer, or discharge. Although doctors are free to choose which patients they will treat, doctors should offer optimal care for patients who need emergency first-aid treatment.
What is a patient caregiver?
A patient is anyone who has requested to be evaluated by or who is being evaluated by any healthcare professional. Medical caregivers include hospitals, healthcare personnel, as well as insurance agencies or any payors of medical-related costs.
What is informed consent in medicine?
Part of communication in medicine involves informed consent for treatment and procedures. This is considered a basic patient right. Informed consent involves the patient's understanding of the following: What the doctor is proposing to do. Whether the doctor's proposal is a minor procedure or major surgery.
Why do politicians want to change the healthcare system?
Because of numerous inequities in healthcare that often involve such factors as race, socioeconomic status, and gender, politicians have tried for many years to change the healthcare system and are likely to continue to intervene and change these "patient rights.".
What is voluntary consent?
Closely associated with informed consent, voluntary consent means that the patient understands these concepts; the patient rights include the following: Freedom from force, fraud, deceit, duress, overreaching or other ulterior form of constraint or coercion.
The States and Medical Care For Minors
- States have traditionally recognized the right of parents to make health care decisions on their children's behalf, on the presumption that before reaching the age of majority (18 in all but four states), young people lack the experience and judgment to make fully informed decisions. There have long been exceptions to this rule, however, such as me...
The States and Abortion
- The one notable exception to the expansion of minors' decision-making authority on health care matters is abortion. Only two states—Connecticut and Maine—and the District of Columbia have laws that affirm a minor's ability to obtain an abortion on her own. By contrast, 31 states have laws in effect that require the involvement of at least one parent in their daughter's abortion deci…
Ensuring Minors' Access to Health Care
- 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 are extremely important," argues Abigail English, director of the Center for Adolescent Health and the Law. "They encourag…