minor may consent to medical care or counseling related to diagnosis or treatment of drug and/or alcohol abuse. Federal law states that if the treatment program or health services facility receives any federal assistance, which most facilities do, the clinician may not disclose information concerning the treatment or care of the minor without the minor’s prior written consent. If the program or facility does not receive any federal assistance, the question of parental notification is governed by Pennsylvania law, which permits, but does not obligate, the clinician to inform the minor’s parent or legal guardian about the minor’s treatment.
Full Answer
Who needs parental consent for medical treatment in Pennsylvania?
Copyright © 2014 (PDF versions available English | Spanish .) Generally, Pennsylvania law requires the consent of a parent or guardian for the medical treatment of anyone younger than 18 years of age (a “minor”).
Can a minor consent to an abortion in PA?
However, Pennsylvania law permits a minor to consent to all medical, dental, and other health services, except abortion, if the minor has: (1) graduated from high school, or (2) been married, or (3) been pregnant. An emancipated minor may consent to all health services including abortion.
Can a minor consent to inpatient mental health treatment?
A minor age 14 or older may consent to inpatient mental health treatment as long as the consent is knowing and voluntary. If minors ages 14 through 17 are admitted for inpatient care, their parents or guardians must be promptly notified.
Can a parent or legal guardian provide consent for involuntary treatment?
50 P.S. §§ 7201, 7203. A parent or legal guardian of a minor can also provide consent instead of the minor on the recommendation of a physician who has examined the minor, without the need to initiate the involuntary treatment process pursuant to the MHPA. •How is inpatient treatment defined?
Do you need parental consent for therapy in Pennsylvania?
What is Act 147 of 2004? Minors between the ages of 14 and 18 can consent to inpatient or outpatient mental health treatment for themselves without parental consent.
When can a minor consent to medical treatment in Pennsylvania?
--Any minor who is eighteen years of age or older, or has graduated from high school, or has married, or has been pregnant, may give effective consent to medical, dental and health services for himself or herself, and the consent of no other person shall be necessary. Section 1.1.
What is Act 147 in PA?
Specifically, Act 147 is designed to determine who prevails in treatment-related decisions when one party (e.g., the minor) consents to behavioral healthcare services while the other party (e.g., a parent or legal guardian) does not.
Can minors go to therapy without parental consent?
In What Cases Will I Need a Parent's Permission to Go to Therapy? In many states, if you are under the age of 18, you will need a parent's permission to attend therapy. This is because in order to give any kind of treatment—medical or psychological—a patient's consent must first be obtained.
When can a child 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.
What is Pennsylvania's age of consent?
16 years and olderPeople ages 16 years and older can legally consent to sexual activity. It is considered felony statutory sexual assault when... Pennsylvania also recognizes that power imbalances in certain relationships make consent impossible, regardless of age.
Can I take my child to counseling without permission from other parent in PA?
Consenting to Treatment When separated or divorced, the state of Pennsylvania requires consent of both parents (or guardians) for children under the age of 14 to participate in psychotherapy, unless there is a legal document giving one caregiver sole custody of the child.
Can your parents get you out of a mental hospital?
Under a “parent-initiated” admission : A minor receiving inpatient treatment cannot be discharged from the facility based solely on his or her request.
Can I get a therapist at 16 without my parents knowing?
everything is confidential unless you were to tell a teacher as they have to report anything where there is risk to you or someone else. They only break confidentiality if they think someone is at immediate risk or if it's an immediate legal matter (say you were very suicidal or you beat someone up/stole something).
Can you go to a therapist without your parents knowing?
Therapists are usually very good at respecting your privacy. But there are some exceptions: doctors and therapists are mandated reporters, which means they are required by law to tell someone if you talk about child abuse or plans to commit suicide or harm someone else.
Are therapists allowed to tell parents?
"The therapist is not obligated to tell your parents, but they are mandated by law to report any suspected sexual abuse. Since the law specifically refers to 'suspected,' it is not up to the therapist to determine whether the abuse actually occurred.
Can parents sit in on therapy sessions?
It's usually used with younger kids when the use of talk therapy is limited. Parents usually don't sit in with every play therapy session, but the therapist should work with you to set goals and provide consultation.
Who can give consent to medical treatment?
(a) General rule.-- A parent, legal guardian or legal custodian of a minor may confer upon an adult person who is a relative or family friend the power to consent to medical, surgical, dental, developmental, mental health or other treatment to be rendered to the minor under the supervision of or upon the advice of a physician, nurse, school nurse, dentist, mental health or other health care professional licensed to practice in this Commonwealth and to exercise any existing parental rights to obtain records and information with regard to the health care services and insurance unless the minor is in the custody of a county child and youth agency or there is currently in effect a prior order of a court in any jurisdiction which would prohibit the parent, legal guardian or legal custodian from exercising the power that the parent, legal guardian or legal custodian seeks to confer. When a parent's rights have not been terminated or voluntarily relinquished, nothing in this subsection shall divest a parent of the power to consent to his children's medical or mental health treatment. The authorization may also include the right to act as the minor's legal representative for the purposes of receiving informational materials regarding vaccines under section 2126 of the Public Health Service Act (58 Stat. 682, 42 U.S.C. § 300aa-26 ). Conferral of powers authorized by this subsection shall not be used to compel the production or release of records or information to which the parent, legal guardian or legal custodian would not themselves be entitled to review, receive or authorize release to others.
When a parent's rights have not been terminated or voluntarily relinquished, what is the meaning
When a parent's rights have not been terminated or voluntarily relinquished, nothing in this subsection shall divest a parent of the power to consent to his children's medical or mental health treatment.
What is the 2126 authorization?
The authorization may also include the right to act as the minor's legal representative for the purposes of receiving informational materials regarding vaccines under section 2126 of the Public Health Service Act (58 Stat. 682, 42 U.S.C. § 300aa-26 ).
Who may not serve as a witness in a medical court case?
The person upon whom the power to consent to medical or mental health treatment is being conferred may not serve as one of the witnesses. The adult person upon whom the power to consent to medical or mental health treatment is conferred shall also sign the authorization.
What age can a minor get medical care in Pennsylvania?
Generally, Pennsylvania law requires the consent of a parent or guardian for the medical treatment of anyone younger than 18 years of age (a “minor”). However, Pennsylvania law permits a minor to consent to all medical, dental, and other health services, except abortion, if the minor has: (1) graduated from high school, or (2) been married, ...
What is the right to consent?
Generally the right to consent entitles the patient to confidentiality. When a minor has the right to consent, a provider generally may not disclose the minor’s health care information to anyone, including the minor’s parents or guardians, without the minor’s consent, unless there is an explicit exception in the law that permits or requires ...
How old do you have to be to get inpatient mental health care?
A minor age 14 or older may consent to inpatient mental health treatment as long as the consent is knowing and voluntary. If minors ages 14 through 17 are admitted for inpatient care, their parents or guardians must be promptly notified.
How to contact a clinic for a minor?
To locate a clinic where minors can receive low cost or no cost services, call the CHOICE hotline at 1-800-84-TEENS.
How long is the waiting period for abortion in Pennsylvania?
Like adults, minors who have abortions (with parental consent or via judicial bypass) are subject to the other Pennsylvania abortion restrictions, including the 24-hour waiting period. For further information, call the CHOICE hotline at 1-800-84-TEENS or the Women’s Law Project at 215-928-9801.
When can a minor be admitted to mental health?
Parents or guardians receive notice when minors between the ages of 14 and 17 admit themselves for inpatient mental health treatment. If the minor’s parent or guardian consents to inpatient mental health treatment, the parent or guardian can authorize the release of past records to the minor’s current mental health provider and, in some cases, ...
Can a minor override parental consent?
Once the parent or legal guardian gives consent to inpatient care, the minor cannot override that consent and remove him- or herself from care. However, the law allows a minor to submit a petition objecting to treatment, and the objecting minor is entitled to a hearing within 72 hours.