Who is responsible for paying for medical treatment for a minor?
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.
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.
When is a minor qualified and competent to obtain medical care?
A minor shall be qualified and competent to obtain medical care if the minor is 16 or 17 years of age, homeless or a victim of domestic violence, and self-supporting. The minor must be able to show that the minor’s parent or legal guardian has expressly or implicitly consented to the minor living independent of the parents’ or guardians’ control.
Who can provide outpatient mental health treatment for a minor?
Outpatient mental health treatment: A psychiatrist, a psychologist, an independent social worker, or a marital and family therapist may provide outpatient mental health treatment for a minor without the consent or notification of a parent or guardian under the following conditions:
What is the name for a minor who is allowed to choose or reject healthcare treatment without parental consent?
mature minor doctrineThe mature minor doctrine is a rule of law found in the United States and Canada accepting that an unemancipated minor patient may possess the maturity to choose or reject a particular health care treatment, sometimes without the knowledge or agreement of parents, and should be permitted to do so.
What is minor consent?
Minor consent laws allow young people aged 12 and over to consent to certain services without parent or guardian involvement. Minors may consent to certain services related to sexual and reproductive health, mental health, and drug and alcohol treatment.
Can you treat a minor?
“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… is one that is required by law…to be reported….” (Cal. Family Code § 6926).
Can a 17 year old consent to medical treatment in Texas?
In Texas, some minors (under the age of 18) are required to obtain consent (click to print consent form in English or Spanish) from a parent or guardian before receiving certain medical services at our health centers.
What considered minor?
All states define an "age of majority", usually 18. Persons younger than this age are considered minors, and must be under the care of a parent or guardian unless they are emancipated.
What age is a minor?
CHILD / MINOR The 'age of majority' is above 18 years old under the Age of Majority Act 1971. Similarly, the definition of a “child” in the Child Act 2001 is a person under 18 years old.
What age can you consent to medical treatment?
People aged 16 or over are entitled to consent to their own treatment. This can only be overruled in exceptional circumstances. Like adults, young people (aged 16 or 17) are presumed to have sufficient capacity to decide on their own medical treatment, unless there's significant evidence to suggest otherwise.
Can a 12 year old give consent to medical 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.
Can a doctor treat a child without parental consent?
If the child is deemed not legally competent, consent will need to be obtained from someone with parental responsibility, unless it is an emergency. Emergency treatment can be provided without consent to save the life of, or prevent serious deterioration in the health of, a child or young person.
Can minors go to therapy without parental consent 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).
Is 17 considered a minor in Texas?
Texas, as do many other states, recognizes 18 as the "age of majority," at which point residents are legally considered adults (as opposed to "minors"). But Texas legal ages laws also govern a minor's eligibility for emancipation, the legal capacity for signing a contract or consenting to medical treatment.
At what age can a child make medical decisions in Texas?
16 years oldIn 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. If you are a pregnant minor, however, you CAN consent to hospital, medical, or surgical treatment for anything relating to pregnancy, EXCEPT for abortion.
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.
What is the code for a minor in Montana?
MONTANA. Mont. Code § 41-1-402. A minor who professes to be or is found to be separated from the minor’s parent, parents, or legal guardian for whatever reason and is providing self-support by whatever means may consent to the provision of health services and to control access to protected health care information.
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.
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 ...
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 ...
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 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 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.
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 ).
Can a child consent to counseling?
A child may consent to counseling for suicide prevention, chemical addiction or dependency, or sexual, physical, or emotional abuse. Refer to Code 32.004 for the complete statute. Examination for Abuse or Neglect. The law with respect to consent and suspected abuse or neglect is very specific.
How old do you have to be to go to a mental hospital?
Minors under the age of 14 years may voluntarily admit themselves to a hospital for mental health treatment if they provide their own written informed consent and a written application from a parent ...
What age can you give consent to a drug test?
Minors 12 years of age and older may give informed consent for treatment for sexually transmitted diseases, drug dependence, and alcohol abuse. If a minor requires hospitalization for treatment of any of these conditions, the parents must be notified of the hospitalization. Minors of any age may provide their own informed consent for ...
When is permission no longer needed?
Once they are 18, permission is no longer needed. There are several important exceptions to this, as noted below. Minors of any age will be cared for in emergency situations which necessitate immediate treatment.
Is 18 considered a minor in Vermont?
State of Vermont law dictates that any individual under the age of 18 is considered a minor and that in many circumstances is not capable of giving informed consent to their own medical care. In simple terms, this means that we need parent/guardian permission before we can treat a student until they turn 18. Once they are 18, permission is no ...
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.)
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.
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 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 powers does a parent have in Maine?
In Maine, there is a law that provides for the delegation of powers by a parent or guardian in Title 18-C Section 5-126: "A parent or guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding 12 months, any of that parent's or guardian's powers regarding care, custody, or property of the minor child or ward , except the power to consent to marriage or adoption of a minor ward . A delegation by court appointed guardian shall become effective only when the power of attorney is filed with the court." This statute is designed to facilitate medical care and treatment in cases where the parent or guardian is unavailable.
Is parental consent reasonable?
There are situations, however, where parental consent is not reasonable or appropriate. The understanding that some minors have the capacity and perhaps the right to make important decisions about their health care treatment has been established in federal and state policy. Apart from these statutes, which give minors the right to consent ...
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 ...
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 ...
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 ...
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, ...
What is Title X Family Planning?
At the federal level, the focal point of debate over minors' access to confidential services has been the Title X family planning program. Since its inception in 1970, services supported by Title X have been available to anyone who needs them without regard to age. As a result, Title X-supported clinics provide contraceptive services ...
What is the mature minor rule?
In addition, courts in some states have adopted the so-called mature minor rule, which allows a minor who is sufficiently intelligent and mature to understand the nature and consequences of a proposed treatment to consent to medical treatment without consulting his or her parents or obtaining their permission.
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...
Rights of The Parents
- The Texas Statutes Family Code 151.001(a) Rights and Duties of a Parent states: A parent of a child has the rights and duties: (3) the duty to support the child, including providing the child with...medical and dental care... however, Section 153 provides for certain limitations to those rights (see below 'Situations Involving Divorce'). The Medical Practice Act/Texas Occupations Co…
Non-Parental Consent
- When the person having the power to consent cannot be contacted and actual notice to the contrary has not been given, other persons and entities can give consent; however, there must be written authorization to do so. 1. a grandparent of the child; 2. an adult brother or sister of the child; 3. an adult aunt or uncle of the child; 4. an educational institution in which the child is enrol…