Legal Age for Parental Consent

October 31, 2022 webstar

In most states, the age of 18 is the age of majority, and therefore consent from the patient`s parents or guardians must be obtained before treating a patient under the age of 18. It sounds relatively simple; However, with the current reality of mixed families and children led by nannies and other caregivers, it is not always easy to determine who is accompanying the patient and whether they have the legal authority to give consent. To avoid confusion, note the following: (1) A health care provider administering COVID-19 vaccines may not require parental or guardian consent for a minor between the ages of 15 and 17 exercising their right to consent to treatment under section 109.640 of the ORS. I am an adult psychiatrist living in a small community with very few psychiatrists and even fewer child and adolescent psychiatrists. Recently, one of the local pediatricians asked me if I would be willing to see some of their patients who need more specialized care than they can provide. I am confident that I can clinically meet the needs of these patients, but I must confess that I do not fully understand the issues of consent and disclosure of information. If a minor is allowed to consent to treatment, a conversation should take place during which the minor`s expectation of privacy is discussed. As a general rule, the right to consent to processing goes hand in hand with the right to confidentiality. While it is important to respect a patient`s right to privacy, a minor`s state of health may be such that it is preferable (or even necessary) to bring it to the attention of the minor`s parents. Therefore, minor patients should be informed in advance that there may be times when you cannot respond to their privacy requests. “In cases where the physician believes that the minor is facing a serious threat to his or her health without parental involvement and guidance, and there is reason to believe that the parents will be helpful and understanding, disclosure of the issue to the parents is ethically justified. If the physician violates confidentiality with the parents, the physician must discuss the reasons for the breach with the minor before disclosing it.

`3 A minor aged 14 or over who lives separately from his or her parents, parents or guardians, with or without the consent of his or her parents, parents or guardians, and who manages his or her own financial affairs, regardless of the source of his or her income, may consent to the provision of hospital, medical or dental care, medical and emergency surgical for himself. If the minor is in the care of a parent or guardian, ask for proof of guardianship before treatment. A minor who lives apart from his or her parents and manages his or her own financial affairs, regardless of the source of income or the amount of income, is eligible for medical or dental services. ΞΎ Persons under the age of 18 may consent to antenatal care during the first trimester and at the first visit after the first trimester. For all other visits, parental consent is required. Any emancipated minor, minor who has entered into a legal marriage or any homeless minor may consent to the provision of hospital, medical and surgical care to that minor, and such consent may not be refused on the grounds of minority. The consent of the parents or parents of such a person is not required to authorize hospital, medical and surgical care. A minor may consent to his or her own health care if: A person under the age of 21 may consent to medical and other health services being provided to detect or treat the presence or treatment of a sexually transmitted disease and other reportable diseases, infections or conditions. If the minor consents to a diagnosis or treatment, the consent or consent of another person is not required. Teens are concerned about privacy and sometimes don`t seek health care for that reason. Countless federal and state laws affect the confidentiality of medical records in general.

However, it is the State that establishes laws on the rights of minors to consent to health services. Parents are generally required to give consent before their minor children receive medical attention; However, many states make important exceptions when it comes to sensitive services where parental consent could discourage a young person from receiving the care they need in a timely manner. For example, all 50 states and the District of Columbia allow minors 12 and older to access health care without parental consent to treat sexually transmitted diseases.