Legally all parents in Tennessee have decision-making power over their own minor children. Guardianship is the term used to describe the legal relationship (ARC, 2011). Tennessee, however, recognizes the ‘mature minor exception’ to permission for behavioral health treatment, which defines the age of consent to mental health treatment and/or services as 16 years of age. A “minor child” is defined at TCA §33-1-101 as a person under 18 years of age, but TCA §33-8-202 that states if a child with serious emotional disturbance or mental illness is 16 years of age or older, the child has the same rights as an adult with respect to, among other things, confidential information. Further TCA §33-3-104 lists a service recipient 16 years of age and over as one of the persons authorized to consent to disclosure of confidential information (TDMHSAS Policies and procedures, 2011). Thus, adolescents 16 years of age and older in Tennessee are presumed to have the maturity to consent to medical care, including mental health care, and can sign their own consents for treatments, services, and/or tests (DCS, 2011).
What is the “mature minor” doctrine in Tennessee?
Declaration for Mental Health Treatment. HIPAA. Criminal Justice Services. Forensic & Juvenile Court Services. Mandatory Outpatient Treatment Annual Report. 2021 Forensic & Juvenile Court Services Annual Report. Adult Pre & Post-trial Forensic Services. Forensic Evaluator Manual. Juvenile Court Ordered Evaluations.
Is there a minor consent law for medical treatment?
Apr 10, 2012 · According to Tennessee law, consent for medical treatment can be express or implied. Express consent occurs when a patient verbally and/or in writing consents to a particular treatment or procedure. Implied consent occurs when a patient’s actions (even silence) demonstrate that consent is being given.
What is the age of consent for behavioral health treatment in Tennessee?
The “mature minor” doctrine in Tennessee permits healthcare providers to treat certain minors without parental consent, according to the “Rule of Sevens.” (See Cardwell v. Bechtol, 724 S.W.2d. 739 (Tenn. 1987)). • Under the age of 7 there is no capacity, and the physician must have parental
What is the child and minor code in Tennessee?
Sep 03, 2021 · a) A minor who is 12 years of age or older and who may have come into contact with an infectious, contagious, or communicable disease may consent to medical care related to the diagnosis or treatment of the disease, if the disease or condition is one that is required by law or regulation adopted pursuant to law to be reported to the local health officer, or is a related …
Can minors go to therapy without parental consent in Tennessee?
Can a minor be seen by a doctor without a parent?
At what age can someone consent to medical treatment?
Can a 10 year old consent to medical treatment?
What is assent vs consent?
Can a minor refuse medical treatment?
What are the four types of consent?
What is consent in medical practice?
How do you establish consent in health and social care?
At what age is a child able to give consent for the processing of their own personal data under GDPR?
What is Montgomery consent?
Does DoLS apply to under 18s?
What is informed consent in Tennessee?
Informed consent is a legal concept directing that patients have the right to know the potential risks, benefits, and alternatives of proposed medical treatment before providing consent.
What is the doctrine of consent?
The doctrine of consent in the context of medical practice derived from the principle that patients should have a right to control what happens to their bodies. For over fifty years, patients in Tennessee have been able to sue medical providers who perform treatment without first obtaining adequate consent.
What is express consent?
Express consent occurs when a patient verbally and/or in writing consents to a particular treatment or procedure. Implied consent occurs when a patient’s actions (even silence) demonstrate that consent is being given. Written consent is best, because it provides visible proof that the patient authorized the treatment.
Is informed consent required in emergency?
There are exceptions where informed consent is not required (or is implied). For example, consent to treatment is implied in an emergency if it would be impossible or impractical to delay treatment that is necessary to preserve the patient’s life.
Do neurologists have to disclose consent?
For example, a neurologist should disclose that information that other neurologists in the same community or a similar community would normally disclose before initiating the treatment at issue. A patient in Tennessee may assert two types of consent claims against a medical provider.
Is consent a malpractice claim?
Claims involving consent are separate from a general medical malpractice claim, which focuses on whether the particular treatment was provided within the applicable standard of care . According to Tennessee law, consent for medical treatment can be express or implied.
Can a patient sue for medical battery in Tennessee?
A patient in Tennessee may assert two types of consent claims against a medical provider. If treatment is performed without any consent for the particular treatment, then the patient can sue under a theory of medical battery. For example, a medical battery occurs when a surgeon amputates a patient’s left leg after receiving consent to amputate the right leg. If a procedure is performed after consent is provided, but without the provider having made known the potential risks, benefits, and alternatives, then the patient can sue under a lack of informed consent theory. A patient can assert a claim for medical battery or lack of informed consent regardless of whether the procedure or treatment at issue was negligently performed. Claims involving consent are separate from a general medical malpractice claim, which focuses on whether the particular treatment was provided within the applicable standard of care.
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.
Who can give consent to a minor?
Consent to the performance upon or for any minor by any licensed medical, surgical, dental, psychological or osteopathic practitioner or any nurse practitioner/clinical nurse specialist or any hospital or public clinic or their agents or employees of any lawful medical treatment, and to the furnishing of hospitalization and other reasonably necessary care in connection therewith, may be given by:
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.
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.
What is the Tennessee drug law?
Effective October 1, 2013, a new Tennessee law (T.C.A. § 53-11-308) set a limit on the amount of Schedule II and III drugs being prescribed or dispensed for a 30-day supply.
How long can a pharmacist dispense a Schedule II prescription in Tennessee?
Within this law, any Tennessee licensed pharmacist, receiving prescriptions written from either in or outside of Tennessee, cannot dispense more than a 30-day supply of any Schedule II or III drug regardless of the amount prescribed by the practitioner.
What is the 2012 prescription safety act?
Under the 2012 Prescription Safety Act, dispensers (pharmacists, clinics, etc.) will have an increased work load as the number of monthly prescriptions multiplies. The increased work load includes more patient visits to fill prescriptions, meaning more prescriptions to fill, and more time to upload data into the CSMD ...
What should be documented in the medical record prior to initiating opioid therapy?
Patient’s medical history, physical examination, laboratory tests, imaging results, electro-physiologic testing, and other elements supporting the plan of care, should be documented in the medical record prior to initiating opioid therapy
What is CSMD in Tennessee?
All controlled substances dispensed must be recorded in the Tennes see Controlled Monitoring Database (CSMD) including the strength of the medication, the estimated days of the supply, etc.
When did Tennessee start requiring CSMD?
Beginning in April 2013, Tennessee law required health care professionals to check the Controlled Substance Monitoring Database (CSMD) before prescribing a controlled substance to a patient in a majority of cases and as a routine for those on chronic CPD management.
Who is required to convene a working group to examine the problem of opioid abuse in this state?
Requires the Commissioner of Mental Health and Substance Abuse Services to convene a working group to examine the problem of opioid abuse in this state
What is the age of consent for mental health treatment in Tennessee?
Tennessee, however, recognizes the ‘mature minor exception’ to permission for behavioral health treatment, which defines the age of consent to mental health treatment and/or services as 16 years of age. A “minor child” is defined at TCA §33-1-101 as a person under 18 years of age, but TCA §33-8-202 that states if a child with serious emotional disturbance or mental illness is 16 years of age or older, the child has the same rights as an adult with respect to, among other things, confidential information. Further TCA §33-3-104 lists a service recipient 16 years of age and over as one of the persons authorized to consent to disclosure of confidential information (TDMHSAS Policies and procedures, 2011). Thus, adolescents 16 years of age and older in Tennessee are presumed to have the maturity to consent to medical care, including mental health care, and can sign their own consents for treatments, services, and/or tests (DCS, 2011).
What are considerations that must be taken into account involving every encounter with children and adolescents?
First and foremost is the issue of informed consent. Informed, voluntary consent, based upon appropriate information, must be obtained from the service recipient, if he or she has the capacity to give it, or from an otherwise legally authorized representative.
What is DCS in custody?
For children in state custody to receive appropriate behavioral health services, DCS facilitates the informed consent process by involving the parent/guardian/older youth or by providing the consent as appropriate.
How to emancipate a minor in Tennessee?
According to Tennessee law, the chancery court may grant a minor's emancipation from his or her parents. Emancipation is a process by which a minor becomes an adult in the eyes of the law, with all of the rights and responsibilities that come with this status. In order to seek emancipation, the minor and " next friend " must apply in writing, including the names and addresses of the minor's parents (or nearest kin), and state the reason for emancipation. The court will consider a number of factors, chiefly whether the minor has the maturity and means to support him or herself and whether the minor is better off living apart from his or her parents.
What is the legal age to vote in Tennessee?
In general, people under the age of majority (18) have fewer rights and responsibilities than adults. For example, you must be 18 to vote, enter into legal contracts, or purchase a lottery ticket in most states. But states, including Tennessee, also recognize that people under the age of majority still have to make certain decisions on their own, and may not benefit from a parent's consent. Tennessee's legal age laws, for instance, allow minors to petition the court for emancipation and to obtain contraceptives (with some conditions).
How do state laws change?
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law (s) you are researching.
How old do you have to be to give consent to a medical provider in Alabama?
Notwithstanding any other provision of law, a minor 12 years of age or older who may have come into contact with any sexually transmitted disease as designated by the State Board of Health may give consent to the furnishing of medical care related to the diagnosis or treatment of such disease, provided a duly licensed practitioner of medicine in Alabama authorizes such diagnosis and treatment. The consent of the minor shall be as valid and binding as if the minor had achieved his or her majority, as the case may be. Such consent shall not be voidable nor subject to later disaffirmance because of minority. The medical provider or facility of whatever description providing diagnostic procedures or treatment to a minor patient who has come into contact with any designated sexually
What is the age limit for consenting to medical care?
89 . 1. Any person who is eighteen years of age or older, or is the parent of a child or has married, may give effective consent for medical, dental, health and hospital services for himself or herself, and the consent of no other person shall be necessary. 2.
What is the ALA code for abortion?
ALA. CODE § 26-21-3 (2012). WRITTEN CONSENT OF PARENT OR GUARDIAN TO PERFORMING ABORTION ON UNEMANCIPATED MINOR;WRITTEN NOTICE TO MINOR'S MOTHER WHERE PREGNANCY CAUSED BY NATURAL FATHER;WRITTEN STATEMENT WHERE ABORTION TO BE PERFORMED ON EMANCIPATED MINOR;WAIVER OF CONSENT REQUIREMENT.
What is consent to treatment?
CONSENT TO TREATMENT BY CHILD. (a) A child may consent to medical, dental, psychological, and surgical treatment for the child by a licensed physician or dentist if the child: . (1) is on active duty with the armed services of the United States of America; .
How old do you have to be to donate bone marrow?
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 the donation of his or her bone marrow for the purpose of bone marrow transplantation. A parent or legal guardian may consent to such bone marrow donation on behalf of any other minor.
How many states require STI?
2All 50 States, DC and Guam permit minors consent to STI services; however 11 states specifically require the minor be a certain age.
How many states allow contraceptives?
121 states and DC allow minors to consent to contraceptives; 25 states permit minors to consent to contraceptives in certain circumstances; 4 states have not enacted a statute regarding this issue; Guam allows minors to consent to contraceptives.
When a minor can receive treatment without parental permission?
WHEN A MINOR CAN RECEIVE TREATMENT WITHOUT AUTHORIZATION OF PARENT OR GUARDIAN. the minor would otherwise reject treatment, treatment is clinically indicated, the failure to provide treatment would be seriously detrimental to the minor's well-being, the minor has knowingly and voluntarily sought the treatment, and.
Who is authorized to order medical care for a child held in a detention center?
Detention. The administrator of a detention center run by the Judicial Branch is authorized to order medical care for any child being held in the detention center "as is necessary to ensure the continued good health or life of the child.".
What happens if a parent refuses to provide medical care?
If a parent or guardian is refusing to provide specific recommended medical treatment, a third party may petition the probate court to order the treatment against the parent's or guardian's wishes. 39
How old do you have to be to get temporary custody of a child?
The minor is financially responsible for the treatment, and payment may not be sought from the parent or guardian. If the minor is under 12 years of age, however, the treating physician must report it to DCF. WHEN A CHILD IS PLACED OUTSIDE OF THE HOME. Temporary Custody.
Who is responsible for providing all necessary goods and services for their children, including health care?
Parents and guardians are responsible for providing all necessary goods and services for their children, including health care. 37 With a few exceptions, minors may not authorize medical treatment for themselves without the permission of a parent or guardian. 38. WHEN A PARENT OR GUARDIAN DOES NOT WANT A CHILD TO RECEIVE CERTAIN TREATMENT.
Can a minor be disclosed to parents?
The fact that the minor has sought treatment or is in treatment may be disclosed to parents only with the minor's consent. Venereal disease: A doctor may examine and treat a minor for venereal disease. 42 Records of the treatment are confidential and may not be disclosed to the parent or guardian. The minor is financially responsible for ...
Is a minor mature enough to participate in treatment productively?
in the opinion of the provider, the minor is mature enough to participate in treatment productively.