when can a minor refuse medical treatment texas

Outside of these circumstances, parents have the right to consent or refuse medical treatment for their children. For example: If a child has a terminal condition and several doctors agree that treatment is no longer beneficial for the child, then the parents have the right to refuse treatment and seek hospice care for their child.

Full Answer

When should you refuse medical treatment?

You might also consider refusing treatment if you have been diagnosed with a medical problem that requires very expensive treatment. You may prefer not to spend so much money. Patients make this decision when they believe treatment is beyond their means. They decide to forgo treatment instead of draining their bank accounts.

Can a parent refuse medical treatment for a child?

Parents cannot invoke their right to religious freedom to refuse treatment for a child. 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.

What are the exceptions to the right to refuse treatment?

Exceptions to the Right to Refuse Treatment. 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. Children: A parent or guardian cannot refuse life-sustaining treatment or deny medical care from a child.

Can a doctor examine a minor without consent in Texas?

EXAMINATION OF ABUSE OR NEGLECT WITHOUT CONSENT A physician, dentist, or psychologist having reasonable grounds to believe that a minor’s physical or mental condition has been adversely affected by abuse or neglect may examine the minor without the consent of the patient, the patient’s parents, or other person authorized to consent to treatment.

Can you refuse medical treatment in Texas?

They have the right to receive from their physician information necessary to give informed consent prior to the start of any procedure and/or treatment. b. They have the right to refuse treatment to the extent permitted by law and to be informed of the medical consequences of their actions.

Can a minor refuse mental health treatment in Texas?

If you are under the age of 18, Texas State Law requires that we obtain permission from your parent or managing conservator/guardian in order to offer you counseling services/psychiatric treatment, unless any of the following circumstances apply (please check all that apply).

Can minors consent to medical treatment in Texas?

Generally, minors do not have the legal capacity to consent to medical treatment; however, Texas Statutes Family Code Chapter 31 identifies an exception when the minor has petitioned to have the "disabilities of minority" removed.

Can patients under 16 refuse 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.

At what age can a child make their own medical decisions in Texas?

If you are a minor (under 18), a parent or legal guardian must consent to medical treatment for you in most cases. There are exceptions. In general, you can only consent to your own medical, dental, psychological, and surgical treatment if you are at least 16 years old and you live on your own.

What is the age of consent for mental health treatment in Texas?

Notes: For inpatient mental health treatment: A person age 16 or older, or a person younger than 16 who is or has been married, may give consent when requesting admission to an inpatient mental health facility by filing a request with the administrator of the facility. Texas Health and Safety Code § 572.001.

Can a 16 year old see a doctor without parent?

No. If you are under 16, your doctor must tell your parents or guardian except in very rare cases. Even if you are over the age of 16, the doctor cannot give you a guarantee of confidentiality as your parents or guardian have a right to ask for access to your medical records until you are 18.

Does Texas have the mature minor doctrine?

In Texas, a physician, dentist, or psychologist having reasonable grounds to believe that a minor's physical or mental condition has been adversely affected by abuse or neglect may examine the minor without the consent of the patient, the patient's parents, or other person authorized to consent to treatment.

Do doctors have to tell parents if minor is pregnant?

Most health care providers keep their clients' information confidential. Specific laws about what doctors have to tell your parents can vary from state to state. And for one reason or another, doctors can always decide to inform parents if they believe it is in the best interest of their patient.

Can a 13 year old consent to 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.

When can doctors override parents?

However, there are situations where doctors can disagree with a parent's decision if a child is in a severe medical dilemma. The parens patriae doctrine gives the state the right to intervene with a parent's decision when it's believed they are not acting in the best interest for the child's well-being.

Can children refuse consent?

A competent child is legally entitled to withhold consent to treatment. However, even though the child or young person may be considered to be Gillick competent, there are some situations where their refusal can be overridden by those with parental responsibility.

Can a minor be seen by a doctor without a parent?

By law, any child under the age of 18 years old cannot be seen by a doctor without consent from a parent or legal guardian.

Can a 15 year old get an abortion without parental consent in Texas?

Q: Do minors need their parent's permission to get an abortion? A: Yes. In both Texas and Louisiana, state law requires that the parent or legal guardian provide written permission for unmarried minors (under the age of 18) to have an abortion.

What is a minor in Texas?

A minor is a person under age 18 who has not had the disabilities of minority removed for general purposes.

What is the age limit for consent to treatment in Texas?

armed forces; is (a) 16 years of age or older and resides separate and apart from the child's parents, managing conservator, or guardian, ...

What is a minor in Texas?

The Texas Statutes Family Code 101.003 defines a Child or Minor: A child or minor means a person under 18 years of age who is or has not been married or has not had the disabilities of minority removed for general purposes.

What is a consent to the diagnosis and treatment of an infectious, contagious, or communicable disease?

consents to the diagnosis and treatment of an infectious, contagious, or communicable disease that is required by law or a rule to be reported to a local or state health department, including all diseases in Section 81.041 , Health and Safety Code; is unmarried and pregnant and consents to hospital, medical or surgical treatment related to ...

What is consent for treatment of minors?

The Texas Medical Association (TMA) whitepaper Consent for Treatment of Minors (members only) provides guidance, including situations involving examination for abuse and neglect, consent for counseling, immunization or sterilization, and more.

What is the guidance for treating a minor?

Guidance when treating a minor - the minor's rights, the parents' rights, and non-parental consent situations. Unless limited by court order, parents have the rights and duties to provide for their minor child, including providing the child with medical care. However, situations arise when it is difficult for a physician to determine when ...

Is contraception a legal exception in Texas?

Contraception is not specifically addressed by law as an exception, and is therefore NOT a treatment for which a minor can give consent unless the court has granted the child the "removal of disabilities of minority" as stated in Texas Statutes Family Code Chapter 31.

Do minors need parental consent to be treated?

A minor being treated for conditions that do not require parental consent should be warned that if a parent or guardian demands release of the medical records, the law requires the physician to do so, as provided in Texas Statutes Family Code 153.073 ( refer to Rights of the Parents below ).

How old do you have to be to get a dental checkup in Texas?

Note: Providers must have a responsible adult— a parent, guardian, or other authorized adult— present during any Texas Health Steps medical or dental checkup for patients younger than 15 years old. The responsible adult must come with the patient and stay throughout the checkup.

How can a minor have an abortion without notification?

To receive a bypass, a minor must file an application for a court order authorizing her consent to an abortion without notification. The court enters an order authorizing the minor’s consent if the hearing judge determines that she meets at least one of the required grounds for approval. The process and requirements for obtaining judicial approval are detailed in Texas Family Code § 33.003.

What rights do non-custodial parents have?

Non-custodial parents usually have the right to consent for medical/ dental care not involving a surgical procedure, except in an emergency. 6.

What is the Texas Family Code for sole managing conservators?

Parents have the right to consent to their minor child’s medical and dental care. Texas Family Code § 151.001. (See p. 7 for situations in which a minor can give consent.)

What is the condition that complicates the medical condition of a pregnant minor and necessitates the

Concludes that, on the basis of his or her good faith clinical judgment, a condition exists that complicates the medical condition of the pregnant minor and necessitates the immediate abortion of her pregnancy to avert her death, or to avoid a serious risk of substantial and irreversible impairment of a major bodily function; and

What percentage of young people engage in sexual activity before their parents discuss birth control?

Research* has found that more than 40 percent of young people engage in sexual activity before any discussion with their parents about sexually transmitted infections (STIs), condom use, or birth control.

What is the Adolescent Health Guide?

The Adolescent Health Guideis designed for health-care providers, social workers, counselors, teachers, and other professionals who provide services, information, and support to young people. It offers guidelines on health and health-related legal issues pertinent to the adolescent years. For specific concerns or questions regarding state ...

Who can examine a minor without consent?

physician, dentist, or psychologist having reasonable grounds to believe that a minor’s physical or mental condition has been adversely affected by abuse or neglect may examine the minor without the consent of the patient, the patient’s parents, or other person authorized to consent to treatment. (Texas Family Code §32.005)

What code does Texas have for STIs?

(Texas Administrative Code §97.133; Texas Health and Safety Code §§81.41; 81.046)

How old do you have to be to get into a mental health facility?

Youths age 16 or older, or one younger than 16 who is/has been married, may give consent when requesting admission to an inpatient mental health facility by filing a request with the administrator of the facility.

How long does it take to report a minor to CPS?

professional must report nonconsensual sexual contact with an unmarried minor under the age of 17 within 48 hours to CPS or local law enforcement. Texas Penal Code §21.11 states that a person commits an offense if, with a child younger than 17 years and not the person’s spouse, whether of the same or opposite sex, the person:

How long does it take to report a child abuse case in Texas?

professional who has reason to believe a minor’s health and safety may be affected by abuse or neglect must report the case to a local law enforcement agency or to the Child Protective Services (CPS) Division of the Texas Department of Family and Protective Services within 48 hours of when he or she first suspects that the child has been or may be abused or neglected. A professional may not delegate to or rely on another person to make the report. (Texas Family Code §261.101)

Can a minor get medical care in Texas?

Minors can consent to medical treatment related to pregnancy, other than abortion. Eligible young women can receive prenatal care from Medicaid or CHIP. Pregnant young women have the right to refuse prenatal care. (Texas Family Code §32.003)

Can a minor be a chemical dependency?

Minors of any age may consent to examination or treatment for chemical addiction, dependency, or any other condition directly related to chemical use. Minors may consent to counseling for chemical addiction or dependency. (Texas Family Code

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 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 .

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 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 ...

Can a parent refuse treatment?

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 . A threat to the community: A patient's refusal ...

Can informed consent be bypassed?

In instances of an emergency situation, informed consent may be bypassed if immediate treatment is necessary for the patient's life or safety. 5 . 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 ...

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 ...

TMA Guidance

Rights of A Minor

• The Texas Statutes Family Code 101.003(a) states: A child or minor means a person under 18 years of age who is or has not been married or has not had the disabilities of minority removed for general purposes. Generally, minors do not have the legal capacity to consent to medical treatment; however, Texas Statutes Family Code Chapter 31identifies an...

See more on hcms.org

Rights of The Parents

Non-Parental Consent