Consent must be obtained before medical treatment is given, unless the risk from delay would result in significant harm to the patient.
When need for consent may be waived before starting treatment:
(1) when there is immediate need for medical treatment in order to preserve live or limb, or to prevent serious impairment of function or permanent disfigurement.
When the patient may give own consent:
(1) if the person is >= 18 years of age and is competent physically and mentally
(2) if the person is < 18 years of age, married or otherwise living apart from parents, managing own financial affairs, and is competent physically and mentally
(3) if the person is < 18 years of age and an active member of the Armed Forces
When another person must give consent:
|
Patient Criteria
|
Person Granting Consent
|
|
person >= 18 years of age and physically or mentally incompetent
|
nearest kin available or appointed guardian
|
|
person < 18 years, emancipated, but physically or mentally incompetent
|
nearest kin available or appointed guardian
|
|
pregnant, unmarried female < 18 years of age
|
parent (see below)
|
|
person < 18 years of age abandoned by parents
|
if a parent cannot be found, then person bearing responsibility for child (grandparent or adult sibling), plus patient's consent if capable
|
|
person < 18 years of age in court-appointed housing or under protection of Childrens' Services Agency
|
case worker appointed by court
|
|
person < 18 years of age and under school, day care or camp authority
|
if a parent cannot be found, then school should provide the "Emergency Medical Authorization" form if available
|
Parental consent:
(1) If parents are not divorced, then either parent may give consent.
(2) If parents are divorced or unmarried, and if no evidence of conflict between parents in the decision if apparent, then either parent may give consent.
(3) If parents are divorced, then a step-parent may not give consent.
(4) If parents are divorced, and if there is evidence of conflict between parents in the decision, then consent should be given by the parent having legal custody.
