For those providers with patients who are minors, it is important to understand how California law governs their treatment. It is wise to discuss these legal ramifications with patients and their parents prior to establishing the doctor/patient relationship. This will help to avoid misunderstandings when the physician is required to keep certain information confidential regarding their treatment.
In California, a minor is defined as a person under the age of 18 years of age. However, minors who are married or divorced, on active duty with the U.S. armed forces, emancipated by a court order, or self-sufficient 15 years or older and living away from home and managing their own finances, may consent to most types of treatment.
Generally, minors may not consent for medical diagnosis or treatment. In addition to those exempted minors outlined above, there are some situations in which a minor may consent for treatment without parental knowledge or consent. In such instances, the physician may not disclose such treatment without the signed consent of the minor.
For example, the minor may consent to abortion, birth control (except sterilization), and pregnancy diagnosis and treatment without parental consent. For minors 12 years of age and older, they may consent to the diagnosis and treatment of STDs, contagious and reportable diseases, and HIV testing. In addition. they may also consent to alcohol and drug abuse treatment as well as rape and sexual assault diagnosis and treatment. Notification to the parent or guardian is not allowed without consent of the minor.
The health care provider must also limit parental access to the minor's medical record without the written consent of the minor.
It is essential for parents of minors to have a solid understanding concerning the confidentiality laws protecting minors prior to rendering any treatment.
Authored by
Linda Sue Mangels, BSED, MSED, CPHRM
Senior Risk Management & Patient Safety Specialist
If you have questions about this article, please contact us. This information should not be considered legal advice applicable to a specific situation. Legal guidance for individual matters should be obtained from a retained attorney.