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M09.03.011 Treatment of Minors
In the context of healthcare, children under the age of 18 are classified as minors and are legally considered incompetent to make their own health-related decisions. This status necessitates that a parent or guardian provide informed consent for any medical procedures or treatments. However, certain exceptions exist, particularly concerning emancipated minors and partial emancipation in specific situations.
Legal Framework for Informed Consent
Minors and Informed Consent
- Definition of Minors: Individuals under 18 years of age.
- Informed Consent: Minors cannot provide informed consent; consent must be obtained from a parent or guardian.
Emancipated Minors
Emancipated minors are those who may have the legal capacity to make decisions about their health care. Specific criteria include:
| Criteria for Emancipation | Description |
|---|---|
| Age > 13 and Self-Caring | Minors living independently and managing their own lives are treated as adults. |
| Marriage | Minors who marry are deemed competent to make their own decisions regarding health care. |
| Military Service | Minors who serve in the military are granted the capacity to make independent health decisions. |
Partial Emancipation
In some cases, minors may be granted partial emancipation, allowing them to consent to specific types of medical treatment without parental approval:
| Condition for Partial Emancipation | Description |
|---|---|
| Substance Abuse Treatment | Minors may seek treatment for substance abuse issues. |
| Prenatal Care | Pregnant minors can receive care without parental consent. |
| Sexually Transmitted Diseases (STDs) | Minors can be treated for STDs confidentially. |
| Birth Control | Minors can access contraceptive services independently. |
Confidentiality in Treatment
- Healthcare providers are required to respect the confidentiality of minors seeking treatment for sensitive issues such as STDs and birth control.
- For example, a 15-year-old girl can seek evaluation for an STD or request birth control without parental consent, and her confidentiality must be maintained by the physician.
Points to Remember
- Minors cannot provide informed consent; a parent or guardian must do so.
- Emancipated minors have specific conditions under which they can make independent healthcare decisions.
- Partial emancipation allows minors to access treatment for certain health issues without parental consent.
- Confidentiality must be upheld for minors receiving treatment for sensitive health concerns.