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Minors and the right to consent to health care.

The notion that many minors have the capacity and, indeed, the right to make important decisions about health care has been well established in federal and state policy. Many states specifically authorize minors to consent to contraceptive contraceptive /con·tra·cep·tive/ (-sep´tiv)
1. diminishing the likelihood of or preventing conception.

2. an agent that so acts.
 services, testing and treatment for HIV HIV (Human Immunodeficiency Virus), either of two closely related retroviruses that invade T-helper lymphocytes and are responsible for AIDS. There are two types of HIV: HIV-1 and HIV-2. HIV-1 is responsible for the vast majority of AIDS in the United States.  and other sexually transmitted diseases Sexually transmitted diseases

Infections that are acquired and transmitted by sexual contact. Although virtually any infection may be transmitted during intimate contact, the term sexually transmitted disease is restricted to conditions that are largely
, prenatal care prenatal care,
n the health care provided the mother and fetus before childbirth.
 and delivery services, treatment for alcohol and drug abuse, and outpatient outpatient /out·pa·tient/ (-pa-shent) a patient who comes to the hospital, clinic, or dispensary for diagnosis and/or treatment but does not occupy a bed.

out·pa·tient
n.
 mental health care. With the exception of abortion, lawmakers have generally resisted attempts to impose a parental consent or notification requirement on minors' access to reproductive health Within the framework of WHO's definition of health[1] as a state of complete physical, mental and social well-being, and not merely the absence of disease or infirmity, reproductive health, or sexual health/hygiene  care and other sensitive services. Nevertheless, the movement to "restore" parental rights and to legislate To enact laws or pass resolutions by the lawmaking process, in contrast to law that is derived from principles espoused by courts in decisions.  parental control over minors' reproductive health care decisions remains active.

Establishing rules for minors' consent for medical care has been one of the more difficult issues to face policymakers. On the one hand, it seems eminently em·i·nent  
adj.
1. Towering or standing out above others; prominent: an eminent peak.

2. Of high rank, station, or quality; noteworthy:
 reasonable that parents should have the right and responsibility to make health care decisions for their minor child. On the other hand, it may be more important for a young person to have access to confidential medical services than it is to require that parents be informed of their child's condition. Minors who are sexually active, pregnant, or infected in·fect  
tr.v. in·fect·ed, in·fect·ing, in·fects
1. To contaminate with a pathogenic microorganism or agent.

2. To communicate a pathogen or disease to.

3. To invade and produce infection in.
 with a sexually transmitted disease sexually transmitted disease (STD) or venereal disease, term for infections acquired mainly through sexual contact. Five diseases were traditionally known as venereal diseases: gonorrhea, syphilis, and the less common granuloma inguinale,  (STD (Subscriber Trunk Dialing) Long distance dialing outside of the U.S. that does not require operator intervention. STD prefix codes are required and billing is based on call units, which are a fixed amount of money in the currency of that country. ) and those who abuse drugs or alcohol or suffer from emotional or psychological problems may avoid seeking care if they must involve their parents. Recognizing this reality, many states explicitly authorize minors to make decisions about their own medical care, but balancing the rights of parents and the rights of minors remains a topic of debate.

At the federal level, the focal point focal point
n.
See focus.
 of debate over minors' access to confidential services has been the Title X family planning family planning

Use of measures designed to regulate the number and spacing of children within a family, largely to curb population growth and ensure each family’s access to limited resources.
 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 and other reproductive health care to minors on a confidential basis, although they encourage minors to involve their parents in their decision to seek services. Over the years, the provision of confidential contraceptive services to minors has come under attack from conservatives in Congress, who have repeatedly mounted efforts to require that a parent give consent or be notified before a minor receives these services in a Title X clinic. In 1998, the House of Representatives passed a parental notification requirement, but the Senate did not, and the provision was never enacted.

Similar debates have occurred at the state level. In Texas, for example, the legislature in 1997 voted to prohibit pro·hib·it  
tr.v. pro·hib·it·ed, pro·hib·it·ing, pro·hib·its
1. To forbid by authority: Smoking is prohibited in most theaters. See Synonyms at forbid.

2.
 the use of state family planning funds to provide prescription drugs, such as birth control pills and medication for treating STDs, to minors without parental consent. The law was allowed to go into effect in 1998, after the Texas Supreme Court concluded that striking down the provision without evidence of harm would be premature. In fact, the law does not interfere with minors' ability to obtain confidential services from Title X--supported clinics and other providers who serve minors with federal funds Federal Funds

Funds deposited to regional Federal Reserve Banks by commercial banks, including funds in excess of reserve requirements.

Notes:
These non-interest bearing deposits are lent out at the Fed funds rate to other banks unable to meet overnight reserve
.

In 2000, the South Carolina South Carolina, state of the SE United States. It is bordered by North Carolina (N), the Atlantic Ocean (SE), and Georgia (SW). Facts and Figures


Area, 31,055 sq mi (80,432 sq km). Pop. (2000) 4,012,012, a 15.
 legislature considered a bill to prohibit the use of state funds to distribute condoms and other types of contraceptives to minors younger than age 16 whose parents had registered an objection with the state health department to their children receiving such services. The measure was passed by the House of Representatives but dropped during committee consideration in the Senate. Similar measures in other states did not receive serious consideration, even at the committee level, and none were enacted.

The States and Medical Care for Minors

States have traditionally recognized the right of parents to make health care decisions on their children's behalf, on the presumption A conclusion made as to the existence or nonexistence of a fact that must be drawn from other evidence that is admitted and proven to be true. A Rule of Law.

If certain facts are established, a judge or jury must assume another fact that the law recognizes as a logical
 that before reaching the age of majority (18 in all but four states), young people lack the experience and judgment to make fully informed decisions. There have long been exceptions to this rule, however, such as medical emergencies when there is no time to obtain parental consent and in cases where a minor is "emancipated e·man·ci·pate  
tr.v. e·man·ci·pat·ed, e·man·ci·pat·ing, e·man·ci·pates
1. To free from bondage, oppression, or restraint; liberate.

2.
" by marriage or other circumstances CIRCUMSTANCES, evidence. The particulars which accompany a fact.
     2. The facts proved are either possible or impossible, ordinary and probable, or extraordinary and improbable, recent or ancient; they may have happened near us, or afar off; they are public or
 and thus legally able to make decisions on his or her own behalf.

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.

Moreover, over the last 30 years, states have passed laws explicitly authorizing minors to consent to health care related to sexual activity, substance abuse and mental health care. 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.

This expansion of minors' authority over health care decisions was spurred in part by U.S. Supreme Court rulings extending the constitutional right to privacy to a minor's decision to obtain contraceptives or to terminate an unwanted pregnancy unwanted pregnancy Obstetrics A pregnancy that is not desired by one or both biologic parents. See Teen pregnancy. . It also reflects a recognition on the part of lawmakers that while parental involvement is desirable, many minors will not seek services they need if they have to tell their parents.

The Alan Guttmacher Alan Frank Guttmacher (1898-1974) was an American physician.

He served as president of Planned Parenthood and vice-president of the American Eugenics Society, founded the Association for the Study of Abortion in 1964, was a member of the Association for Voluntary
 Institute has periodically reviewed state laws pertaining per·tain  
intr.v. per·tained, per·tain·ing, per·tains
1. To have reference; relate: evidence that pertains to the accident.

2.
 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 that affect young people's access to confidential services (see table, page 2). The review, conducted in July July: see month.  2000, found the following:

* Twenty-five states and the District of Columbia District of Columbia, federal district (2000 pop. 572,059, a 5.7% decrease in population since the 1990 census), 69 sq mi (179 sq km), on the east bank of the Potomac River, coextensive with the city of Washington, D.C. (the capital of the United States).  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 and delivery services without parental consent or notification.

* All 50 states and the District of Columbia specifically allow minors to consent to testing and treatment for STDs, including HIV. (With respect to HIV, three states limit this authorization to testing only.)

* Forty-four states and the District of Columbia have laws or policies that authorize a minor who abuses drugs or alcohol to consent to confidential counseling and medical care.

* Laws in 20 states and the District of Columbia give minors the explicit authority to consent to outpatient mental health services health services Managed care The benefits covered under a health contract .

No state explicitly requires parental consent or notification for any of these services. 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 HIV test Various tests have been used to detect HIV and production of antibodies thereto; some HTs shown below are no longer actively used, but are listed for completeness and context. See HIV, Immunoblot. .

In addition to laws and policies that permit minors to consent to specific services, 22 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 and older may consent to general medical care; in South Carolina, they may do so at 16.

The States and Abortion

The one notable exception to the expansion of minors' decision-making authority on health care matters is abortion. Only two states--Connecticut and Maine--and the District of Columbia have laws that affirm a minor's ability to obtain an abortion on her own. By contrast, 31 states have laws in effect that require the involvement of at least one parent in their daughter's abortion decision: In 16 of these states, a minor must have the consent of one or both parents; in the other 15 states, one or both parents must be notified prior to the abortion.

All but one of these statutes provide a confidential alternative to parental involvement, in the form of either a judicial bypass judicial bypass Forensic medicine A form of surrogacy in which a guardian's authority is circumvented and decision-making autonomy passed to the person for whom the guardian had been appointed or designated. See Christian Science, Emancipated minor. , in which a minor may obtain authorization for an abortion from a judge without informing her parents, or, in the case of Maryland Maryland (mâr`ələnd), one of the Middle Atlantic states of the United States. It is bounded by Delaware and the Atlantic Ocean (E), the District of Columbia (S), Virginia and West Virginia (S, W), and Pennsylvania (N). , a "physician bypass" that permits a doctor to waive To intentionally or voluntarily relinquish a known right or engage in conduct warranting an inference that a right has been surrendered.

For example, an individual is said to waive the right to bring a tort action when he or she renounces the remedy provided by law for such
 parental notice if the minor is capable of giving informed consent or if notice would lead to abuse of the minor. The Supreme Court has said that a confidential alternative is required to protect a minor's constitutional right to privacy. Utah is the only state whose statute does not meet this requirement.

Efforts to enact new parental involvement laws in the context of abortion have slowed in recent years. Between 1991 and 1997, the number of states with laws in effect mandating parental consent or notification rose from 18 to 30, but between 1997 and 2000, that number increased by only one. In large part, this drop-off reflects the fact that 10 other states have enacted laws that are currently blocked by courts from going into effect, leaving only seven states that have no parental involvement requirement on the books.

Some proponents of mandatory parental involvement justify the differential treatment of abortion and other reproductive health services on the ground that the decision to terminate a pregnancy is less a medical choice than a major life decision. Because terminating an unplanned pregnancy can have a significant long-term impact on a woman's psychological and emotional well-being, they say, parental guidance is especially important. However, states allow minors to make other decisions that can have a lasting effect on their lives. Most states, for example, permit teenagers to drop out of high school without their parents' approval, despite the documented adverse effects associated with the lack of a diploma. Although all states require young people to stay in school at least to age 16 or 17, except in very limited circumstances, once that age threshold has been reached, the states generally impose no barriers to minors' deciding to leave. A few states permit a minor to marry without parental consent under certain circumstances, usually pregnancy.

Notably, more than half of the states that require parental involvement for abortion permit a pregnant minor to make the decision to continue her pregnancy and to consent to prenatal care and delivery without consulting a parent. In addition, states appear to consider a minor who is a parent to be fully competent to make major decisions affecting the health and future of his or her child, even though many of these same states require a minor to involve her parents if she decides to terminate her pregnancy.

* Twenty-nine states and the District of Columbia currently have laws that authorize a minor parent to consent to medical care for his or her child.

* Most striking, 34 states and the District of Columbia explicitly permit a minor mother to place her child for adoption without her own parents' permission or knowledge. In addition, 11 states make no distinction between minor and adult parents; in these states, it appears, the decision to relinquish her child for adoption rests with the young mother.

In practice, it is likely that some adoption agencies and judges (all adoptions, regardless of the mother's age, have to be approved by a court) require that a young woman's parents be involved in the adoption decision. In principle, however, virtually all states consider a minor mother capable of making an independent decision about whether or not to place her child for adoption (although a few states require that the minor have a court-appointed guardian).

Ensuring Minors' Access to Health Care

Most youth-serving agencies and medical professionals believe that access to confidential services is essential, because many sexually active adolescents will not seek care if they have to inform a parent or have their parent's consent. "Minors' consent laws are extremely important," argues Abigail English 1. English - (Obsolete) The source code for a program, which may be in any language, as opposed to the linkable or executable binary produced from it by a compiler. The idea behind the term is that to a real hacker, a program written in his favourite programming language is , director of the Center for Adolescent ad·o·les·cent
adj.
Of, relating to, or undergoing adolescence.

n.
A young person who has undergone puberty but who has not reached full maturity; a teenager.
 Health and the Law. "They encourage young people to seek the health care services they need and enable them to talk candidly can·did  
adj.
1. Free from prejudice; impartial.

2. Characterized by openness and sincerity of expression; unreservedly straightforward: In private, I gave them my candid opinion.
 with their providers."

Advocates of parental involvement laws, which include organizations such as Focus on the Family and the Family Research Council, maintain that minors' consent laws reflect "an increasing nonchalance about the sanctity of the family unit on the part of the government." Government policies, they contend, undermine parental authority and family autonomy. Conservative activists also argue that granting minors access to confidential services is tantamount tan·ta·mount  
adj.
Equivalent in effect or value: a request tantamount to a demand.



[From obsolete tantamount, an equivalent, from Anglo-Norman
 to condoning sexual activity. Despite access to contraceptives, they say, pregnancy rates among teens remain high. "The current prescription for preventing pregnancy and STDs among adolescents has failed miserably mis·er·a·ble  
adj.
1. Very uncomfortable or unhappy; wretched.

2. Causing or accompanied by great discomfort or distress: a miserable climate.

3.
 in solving the problem," according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 Focus on the Family. "Parental involvement and the transmitting transmitting,
v to send and receive information, signals, and so on; allows a therapist to perceive a client's physical, emotional, and spiritual states.
 of the parent's values are the most effective deterrent de·ter·rent  
adj.
Tending to deter: deterrent weapons.

n.
1. Something that deters: a deterrent to theft.

2.
 in preventing early sexual activity."

Providers who serve young people agree that parental involvement is desirable but point out that in some instances, it is not to a minor's benefit. "In the best of all worlds, teens and parents would work in partnership on decisions that could have a lifelong impact," says Leslie Leslie (Gaelic, derived from a surname meaning 'garden of hollies,'grey fortress, or'garden by the pool')[1] can refer to any of the following: Places
in Scotland:
  • Leslie, Aberdeenshire
  • Leslie, Fife
in the
 Tarr Laurie Laurie

long in love with Jo March, he begs her to marry him and is rejected. [Am. Lit.: Louisa May Alcott Little Women]

See : Love, Spurned
, president and chief executive officer of Tapestry tapestry, hand-woven fabric of plain weave made without shuttle or drawboy, the design of weft threads being threaded into the warp with fingers or a bobbin.  Health Systems, a health services provider in western Massachusetts. "But we see teens all the time whose parents are not their best advocates. In our state, where the greatest growth in HIV cases is among adolescents, access to reproductive health care is a matter of life and death

For other uses, see A Matter of Life and Death (disambiguation).


"Matter of Life and Death" was the second episode of the first series of .
. Confidentiality is the cornerstone cornerstone

Ceremonial building block, dated or otherwise inscribed, usually placed in an outer wall of a building to commemorate its dedication. Often the stone is hollowed out to contain newspapers, photographs, or other documents reflecting current customs, with a view to
 of our services," Laurie reports. "We help teenagers avoid not only the costly and often tragic consequences of unintended pregnancy and childbearing, but also an early death from AIDS. The bottom line is, if we don't assure access to confidential health care, teenagers simply will stop seeking the care they desire and need."
Minors' Right to Consent to Health Care and to Make Other Important

State                    Contra-               Prenatal
                         ceptive                 care
                        services

Alabama                 NL                    MC
Alaska                  MC                    MC
Arizona                 MC                    NL
Arkansas                MC                    MC (10,11)
California              MC                    MC (10)
Colorado                MC (7,18)             NL
Connecticut             NL                    NL
Delaware                MC (2,4)              MC (2,4,10,11)
Dist. of Columbia       MC                    MC
Florida                 MC (7,18)             MC (11)
Georgia                 MC                    MC (10)
Hawaii                  MC (4,24,25)          MC (4,10,24,25)
Idaho                   MC                    NL
Illinois                MC (7,18)             MC (11,18)
Indiana                 NL                    NL
Iowa                    NL                    NL
Kansas                  NL (12)               MC (11,33)
Kentucky                MC (4)                MC (4,10)
Louisiana               NL                    NL
Maine                   MC (7,18)             NL
Maryland                MC (4)                MC (4)
Massachusetts           NL (36)               MC (10)
Michigan                NL                    MC (4)
Minnesota               MC (4)                MC (4)
Mississippi             MC (7,18)             MC (11)
Missouri                NL                    MC (4,10,11)
Montana                 MC (4)                MC (4,11)
Nebraska                NL                    NL
Nevada                  NL                    NL
New Hampshire           NL                    NL
New Jersey              NL                    MC (4,11)
New Mexico              MC                    NL (42)
New York                NL (36)               MC
North Carolina          MC                    MC (10)
North Dakota            NL                    NL
Ohio                    NL                    NL
Oklahoma                MC (4,45)             MC (4,10)
Oregon                  MC (4)                NL
Pennsylvania            NL                    MC
Rhode Island            NL                    NL
South Carolina          MC (47)               NL (47)
South Dakota            NL                    NL
Tennessee               MC                    MC
Texas                   NL (50)               MC (4,10,11)
Utah                    NL (50)               MC
Vermont                 NL                    NL
Virginia                MC                    MC
Washington              NL (54)               NL (54)
West Virginia           NL                    NL
Wisconsin               NL                    NL
Wyoming                 MC                    NL
Total MC/MD             26                    28
Total PC/PN             0                     0
Total NL/NA             25                    23

State                     STD/HIV            Treatmenl for
                          services          alcohol and/or
                                              drug abuse

Alabama                 MC (2,3,4)            MC
Alaska                  MC                    NL
Arizona                 MC                    MC (2)
Arkansas                MC (4,11)             NL
California              MC (2,16,17)          MC (2,4)
Colorado                MC (16)               MC
Connecticut             MC (16)               MC
Delaware                MC (2,4,11,16)        MC (2)
Dist. of Columbia       MC                    MC
Florida                 MC (3)                MC
Georgia                 MC (3,4,11)           MC (4)
Hawaii                  MC (4,24,25)          MC (4)
Idaho                   MC (3,24)             MC
Illinois                MC (2,3,4)            MC (2,4)
Indiana                 MC                    MC
Iowa                    MC (16,31)            MC
Kansas                  MC (4)                MC
Kentucky                MC (3,4)              MC (4)
Louisiana               MC (4)                MC (4)
Maine                   MC (4)                MC (4)
Maryland                MC (4)                MC (4)
Massachusetts           MC                    MC (2,37)
Michigan                MC (4,16)             MC (4)
Minnesota               MC (4)                MC (4)
Mississippi             MC (3)                MC (4,19)
Missouri                MC (4,11)             MC (4,11)
Montana                 MC (4,11,16)          MC (4,11)
Nebraska                MC                    MC
Nevada                  MC (3)                MC
New Hampshire           MC (24)               MC (2)
New Jersey              MC (4,11)             MC (4)
New Mexico              MC (16,17)            NL
New York                MC (16)               MC (4)
North Carolina          MC (3)                MC
North Dakota            MC (24,44)            MC (24)
Ohio                    MC (16,17)            MC
Oklahoma                MC (3,4)              MC (4)
Oregon                  MC (3,11)             MC (4,24)
Pennsylvania            MC (3)                MC (4)
Rhode Island            MC (16)               MC
South Carolina          MC (47)               NL (47)
South Dakota            MC                    MC
Tennessee               MC (3)                MC (4)
Texas                   MC (3,4,11)           MC (4)
Utah                    MC                    NL
Vermont                 MC (2,3)              MC (2)
Virginia                MC (3)                MC
Washington              MC (3,11,24)          MC (23)
West Virginia           MC                    MC
Wisconsin               MC                    MC (2)
Wyoming                 MC (3)                NL
Total MC/MD             51                    45
Total PC/PN             0                     0
Total NL/NA             0                     6

State                   Outpatient           General
                      mental health          medical
                        services              health
                                             services

Alabama                 MC                    MC (5)
Alaska                  NL                    MC (7)
Arizona                 NL                    NL
Arkansas                NL                    MC (12)
California              MC (2,4)              NL
Colorado                MC (4,19)             NL
Connecticut             MC                    NL
Delaware                NL                    MC (7)
Dist. of Columbia       MC                    NL
Florida                 MC (23)               NL
Georgia                 NL                    NL
Hawaii                  NL                    NL
Idaho                   NL                    MC (28)
Illinois                MC (2,4)              MC (7,11)
Indiana                 NL                    NL
Iowa                    NL                    NL
Kansas                  NL                    MC (11,33)
Kentucky                MC (4,6)              MC (4,7)
Louisiana               NL                    MC (4,11)
Maine                   NL                    NL
Maryland                MC (4,6)              MC (4,7)
Massachusetts           MC (6)                MC (7)
Michigan                MC (24)               NL
Minnesota               NL                    MC (4,7)
Mississippi             NL                    PC
Missouri                NL                    MC (7,11)
Montana                 MC (6)                MC (4,7,11)
Nebraska                NL                    NL
Nevada                  NL                    MC (7,12,18)
New Hampshire           NL                    MC (12)
New Jersey              NL                    MC (7)
New Mexico              MC                    NL
New York                MC (4)                MC (7)
North Carolina          MC                    NL (43)
North Dakota            NL                    NL
Ohio                    MC (24)               NL
Oklahoma                NL                    MC (4,7)
Oregon                  MC (4,24)             MC (4,11,19)
Pennsylvania            NL                    MC (5)
Rhode Island            NL                    NL
South Carolina          NL (47)               MC (6,47)
South Dakota            NL                    NL (33)
Tennessee               MC (6)                NL
Texas                   MC                    NL
Utah                    NL                    PC
Vermont                 NL                    NL
Virginia                MC                    NL (33)
Washington              MC (23)               NL
West Virginia           NL                    NL
Wisconsin               NL                    NL
Wyoming                 NL                    NL
Total MC/MD             21                    22
Total PC/PN             0                     2
Total NL/NA             30                    27

State                  Abortion                Drop out
                       services              of school (1)

Alabama                 PC                    MD (6)
Alaska                  NL8                   MD (6)
Arizona                 NL8                   MD (6)
Arkansas                PN13                  NA (14)
California              NL (8)                NA (14)
Colorado                NL (8)                MD (6)
Connecticut             MC                    PC
Delaware                PN (20,21)            MD (6)
Dist. of Columbia       MC                    NA (14)
Florida                 NL (8)                PC
Georgia                 PN                    MD (6)
Hawaii                  NL                    MD (26)
Idaho                   PN (13,29)            MD (6)
Illinois                NL (8)                MD (30)
Indiana                 PC                    PC
Iowa                    PN (21)               MD (32)
Kansas                  PN                    MD (32)
Kentucky                PC                    PN (6)
Louisiana               PC                    MD (34)
Maine                   MC                    MD (34)
Maryland                PN (21)               MD (6)
Massachusetts           PC                    MD (26)
Michigan                PC                    MD
Minnesota               PN (13)               PC
Mississippi             PC (13)               MD (34)
Missouri                PC                    PN (26)
Montana                 NL (8)                MD (39)
Nebraska                PN                    MD (26)
Nevada                  NL (8)                MD (40)
New Hampshire           NL                    PC
New Jersey              NL (8)                MD (6)
New Mexico              NL (8)                PC
New York                NL                    MD (6)
North Carolina          PC (21)               MD (6)
North Dakota            PC (13)               MD (6,26)
Ohio                    PN (21,29)            NA (14)
Oklahoma                NL                    PC
Oregon                  NL                    MD (46)
Pennsylvania            PC                    MD (34)
Rhode Island            PC                    MD (6)
South Carolina          PC (21,48)            MD (49)
South Dakota            PN                    MD (6)
Tennessee               PC                    MD (34)
Texas                   PN                    NA (14)
Utah                    PN (52)               NA (14)
Vermont                 NL                    MD (53)
Virginia                PN (21)               NA (14)
Washington              NL                    MD (6)
West Virginia           PN (21)               MD (30)
Wisconsin               PC (21)               NA (14)
Wyoming                 PC                    MD (55)
Total MC/MD             3                     34
Total PC/PN             31                    9
Total NL/NA             17                    8

State                Marriage               Medical
                                            care for
                                             child

Alabama                 PC                    MC
Alaska                  PC                    MC
Arizona                 PC                    NL
Arkansas                PC                    MC (11)
California              PC                    NL
Colorado                MD (6)                MC (11)
Connecticut             PC                    MC
Delaware                MD (22)               MC (11)
Dist. of Columbia       PC                    MC
Florida                 MD (22)               MC (11)
Georgia                 MD (22)               MC (11)
Hawaii                  MD (19,27)            NL
Idaho                   PC                    MC (11)
Illinois                PC                    MC (11)
Indiana                 MD (22)               NL
Iowa                    PC                    NL
Kansas                  PC                    MC (11)
Kentucky                MD (22)               MC (11)
Louisiana               PC                    MC (11)
Maine                   PC                    NL
Maryland                MD (22)               MC
Massachusetts           PC                    MC
Michigan                PC                    MC
Minnesota               PC                    MC
Mississippi             PN (38)               MC (11)
Missouri                PC                    MC (11)
Montana                 PC                    MC (11)
Nebraska                MD (34)               NL
Nevada                  PC                    MC
New Hampshire           PC                    NL
New Jersey              PC                    MC (11)
New Mexico              PC                    NL
New York                PC                    MC
North Carolina          PC                    NL
North Dakota            PC                    NL
Ohio                    PC                    NL
Oklahoma                MD (22)               MC
Oregon                  PC                    NL
Pennsylvania            PC                    MC
Rhode Island            PC                    MC
South Carolina          PC                    MC
South Dakota            PC                    NL
Tennessee               PC                    NL
Texas                   MD (51)               NL
Utah                    PC                    MC
Vermont                 PC                    NL
Virginia                PC                    MC (11)
Washington              PC                    NL
West Virginia           PC                    NL
Wisconsin               PC                    NL
Wyoming                 PC                    NL
Total MC/MD             11                    30
Total PC/PN             40                    0
Total NL/NA             0                     21

State                   Placing
                       child for
                       adoption

Alabama                 MC
Alaska                  NL (9)
Arizona                 MC
Arkansas                MC (15)
California              MC
Colorado                MC
Connecticut             MC (15)
Delaware                MC
Dist. of Columbia       MC
Florida                 NL (9)
Georgia                 MC
Hawaii                  MC
Idaho                   MC
Illinois                MC
Indiana                 MC
Iowa                    NL (9)
Kansas                  MC
Kentucky                MC (15)
Louisiana               PC (35)
Maine                   NL (9)
Maryland                MC (15)
Massachusetts           NL (9)
Michigan                PC
Minnesota               PC
Mississippi             MC
Missouri                MC
Montana                 MC (15)
Nebraska                NL (9)
Nevada                  MC
New Hampshire           MC (41)
New Jersey              MC
New Mexico              MC
New York                MC
North Carolina          NL (9)
North Dakota            MC
Ohio                    MC
Oklahoma                MC (6)
Oregon                  NL (9)
Pennsylvania            PN
Rhode Island            PC
South Carolina          MC
South Dakota            NL (9)
Tennessee               MC
Texas                   NL (9)
Utah                    MC
Vermont                 MC
Virginia                MC
Washington              MC (15)
West Virginia           MC
Wisconsin               NL (9)
Wyoming                 MC
Total MC/MD             35
Total PC/PN             5
Total NL/NA             11

MC = Minor explicitly authorized to consent. MD = Minor allowed to
decide. PC = Parental consent explicitly required. PN = Parental notice
explicitly required. NL = No law or policy found. Notes: In all but
four states, the age of majority is 18. In AL and NE, it is 19, and in
PA and MS, it is 21; however, in MS 18 is the age of consent for health
care.


Decisions

Table Notes

(1.) All states require minors to attend school until a certain age, beyond which the young person or, in a few states, the parents may decide whether the minor will stay in school

(2.) Minor must be at least 12.

(3.) State officially classifies HIV/AIDS as an STD or infectious disease Infectious disease

A pathological condition spread among biological species. Infectious diseases, although varied in their effects, are always associated with viruses, bacteria, fungi, protozoa, multicellular parasites and aberrant proteins known as prions.
, for which minors may consent to testing and treatment.

(4.) Doctor may notify parents.

(5.) Minor must be a high school graduate, married, pregnant or a parent, or, in AL, at least 14.

(6.) Minor must be at least 16.

(7.) Minor may consent if a parent; also if married in DE, KY, ME, MD, MN, MS, MO and NV; also if married or pregnant in CO, FL, IL, MA, MT, NJ, NY and OK.

(8.) Law has been blocked by court action.

(9.) Law does not distinguish between minor and adult parents.

(10.) Excludes abortion.

(11.) Includes surgery.

(12.) Any minor who is mature enough to understand the nature and consequences of the proposed medical or surgical treatment may consent.

(13.) Involvement of both parents is required.

(14.) Minor may not drop out.

(15.) Minor parent must have a court-appointed guardian.

(16.) Law explicitly authorizes minor to consent to HIV testing and/or treatment.

(17.) Law does not apply to HIV treatment.

(18.) Minor may consent if has a child or doctor believes minor would suffer "probable" health hazard health hazard Occupational safety Any agent or activity posing a potential hazard to health. Cf Physical hazard.  if services not provided; in IL also if minor is referred by doctor, clergyman or Planned Parenthood Planned Parenthood

A service mark used for an organization that provides family planning services.
 clinic; in CO and MS also if minor is referred by a doctor, clergyman, family planning clinic family planning clinic nclínica de planificación familiar

family planning clinic ncentre m de planning familial

, school of higher education or state agency.

(19.) Minor must be at least 15.

(20.) Applies to minors younger than age 16.

(21.) Includes an alternative to parental involvement or judicial bypass. In MD the law provides for a physician bypass but does not have a judicial bypass.

(22.) A minor who is pregnant or, in DE, FL, GA, IN, MD and OK, has a child may marry without parental consent; in FL, KY and OK, the marriage must be authorized by a court; in IN and MD a minor must be at least 15.

(23.) Minor must be at least 13.

(24.) Minor must be at least 14.

(25.) Excludes surgery.

(26.) Minor may drop out if employed and in MA, MO and NE is 14, in HI is 15, in MA also if has completed the sixth grade; in NE also if has completed the eighth grade. Otherwise a minor may drop out at 16 in these states.

(27.) Minors need judicial authorization.

(28.) The state's medical consent statutes allow "any person of ordinary intelligence and awareness" to consent to hospital, medical, surgical or dental care. Although a later section authorizes parents to consent for a minor child, the attorney general's office "frequently" interprets the law as authorizing minors to consent. (R. Hardin Hardin is a surname, and may refer to
  • Charles Henry Hardin
  • Clifford M. Hardin
  • Ed Hardin
  • Garrett Hardin, American ecologist
  • Glen Hardin
  • Glenn Hardin
  • Jerry Hardin
  • Jim Hardin
  • John Hardin
  • John Wesley Hardin
  • Lil Hardin Armstrong
, deputy attorney general, personal communication to P. Donovan Don·o·van   , William Joseph Known as "Wild Bill." 1883-1959.

American army officer and public official who founded and directed (1942-1945) the Office of Strategic Services, an intelligence-gathering agency that was a forerunner of the CIA.
, AGI (Artificial General Intelligence) A machine intelligence that resembles that of a human being. Considered impossible by many, most artificial intelligence (AI) research, projects and products deal with specific applications such as industrial robots, playing chess, , Oct. 22, 1990, reconfirmed to E. Nash, AGI, by R. Hardin, July 19, 2000.)

(29.) A revised law that requires parental consent is currently not in effect; meanwhile, the parental notification requirements remain in effect.

(30.) Minor may drop out of school before reaching age 16 if employed.

(31.) Parent must be notified if HIV test is positive.

(32.) A court may allow a minor to drop out.

(33.) Minor may consent if parent is not "available" or in the case of general medical care "not immediately available."

(34.) Minor must be at least 17.

(35.) Court may waive parental consent if the minor is "sufficiently mature and well informed" or the adoption is in the child's best interest.

(36.) The state funds a statewide program that gives minors access to confidential contraceptive care.

(37.) Minor may consent if found drug-dependent by two doctors; bars consent to methadone maintenance Methadone maintenance is a way of stabilizing someone who is addicted to heroin or has severe pain problems that are resistant to other drugs.

Methadone Maintenance Treatment
 therapy.

(38.) Parents must be notified if either party is younger than age 21; however, female minors at least 15 and male minors at least 17 may marry without parental consent.

(39.) Minor must be at least 16 or have completed eighth grade, whichever occurs later.

(40.) After eighth grade, court determines whether the minor or the parents can make the decision.

(41.) Court may require the consent of a minor parent's parent.

(42.) Minor may consent to pregnancy testing and diagnosis.

(43.) Law allows minors to consent when parent or guardian is not "immediately available."

(44.) Parent must be shown the informed consent form for an HIV test before the minor signs it.

(45.) Minor may consent if she has ever been pregnant.

(46.) Minor must prove to the school board that the minor has acquired "equivalent knowledge" of the high school courses, or consent may be granted by the state school board for minors 16 and 17 who are employed.

(47.) Any minor 16 or older may consent to any health service other than operations. Health services may be rendered to minors of any age without parental consent when the provider believes the services are necessary.

(48.) Applies to minors younger than age 17.

(49.) Minor who has completed eigth grade may seek court authorization to drop out to work.

(50.) State funds may not be used to provide minors with confidential contraceptive services.

(51.) Minors 14-18 may petition court for permission to marry.

(52.) Law does not include a judicial bypass.

(53.) Minor must be at least 16, have completed 10th grade or be excused by the superintendent.

(54.) Providers rely on State v. Koome, which held that minors have the same constitutional rights as adults, to provide confidential contraceptive services and prenatal care to minors.

(55.) Minor must be at least 16 and have completed 10th grade.

Reprinted from an article by Heather Boonstra and Elizabeth Elizabeth, sister of King Louis XVI of France
Elizabeth, 1764–94, sister of King Louis XVI of France, known as Madame Elizabeth. Deeply loyal to her brother, she remained in France during the French Revolution, suffered imprisonment, and was
 Nash in the August 2000 issue of The Guttmacher Report on Public Policy. Research for the article was supported in part by the U.S. Department of Health and Human Services Noun 1. Department of Health and Human Services - the United States federal department that administers all federal programs dealing with health and welfare; created in 1979
Health and Human Services, HHS
 under grant FPR FPR Ford Performance Racing
FPR Front Patriotique Rwandais (Rwanda Patriotic Front)
FPR Floating-Point Register (CPU architecture)
FPR Fuel Pressure Regulator (automotive) 
000072-01. The conclusions and opinions expressed in this article, however, are those of the authors and The Alan Guttmacher Institute.
COPYRIGHT 2000 Guttmacher Institute
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2000 Gale, Cengage Learning. All rights reserved.
Health Care Attorney
Health Care Attorney (Member): Health Care Attorney 12/1/2011 4:18 PM
Lesie Tarr Laurie's emphasis on the risk of HIV puts the lie to her primary support of confidentiality. Since the one contraceptive service that arguably reduces the risk of HIV infection (condoms) does not require a medical provider to obtain, and the other contraceptive services such as hormonal contraceptives reduce the likelihood that condoms or abstinence will be used by reducing the risk of pregnancy, confidentiality in the free distribution of hormonal contraceptives and abortion logically increases the risk of HIV infection, a risk which she rightly describes as a matter of life and death.

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