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  • Title: Consent requirements for treatment of minors.
    Author: Thompson HA.
    Journal: Tex Med; 1989 Aug; 85(8):56-9. PubMed ID: 2763219.
    Abstract:
    The American Academy of Family Physicians, the American Academy of Pediatrics, the American College of Obstetricians and Gynecologists, the Nurses Association of the American College of Obstetricians and Gynecologists, and the National Medical Association recently released guidelines aimed at protecting the privacy of adolescent patients. The organizations stated that, in many cases, young people will not confide in health professionals if the young people feel that these discussions will be reported to their parents. Ultimately, the organizations said, health risks to adolescents are so impelling that legal barriers and deference to parental involvement should not stand in the way of needed health care. In Texas there is a statute regarding consent for medical treatment of minors, which responds to the above organizations' concerns about confidentially treating children for substance abuse, sexually transmitted diseases, and suicide prevention. However, the statute is silent in regard to medical treatment involving prescription contraceptives. By negative inference, the statute would preclude a minor on her own from making a decision about abortion. This article examines Texas statutes dealing with consent for medical treatment for minors and discusses US Supreme Court decisions on a minor's rights to abortions and contraceptives. Texas State law concerning consent requirements for medical treatment of minors is reviewed, both explicit statutes and inferred situations, specifically prescription contraception and abortion. Parental consent is defined as consent of only 1 parent or the parent with custody during the week (sole managing conservator), or the possessory conservator in emergencies. When the parent cannot be contacted, a grandparent, adult sibling, aunt or uncle, education institution, adult with written authorization to consent, court, or the Texas Youth Commission, may consent. Minors may give consent if they are in the military, at least 16 years old and emancipated, or if the consent is for diagnosis and treatment of a reportable disease, sexually transmitted disease, for treatment (other than abortion) of pregnancy, suicide prevention or chemical addiction. The consequences of the Roe v Wade decision are summarized. This decision implies that in Texas a physician who performs and abortion on an unemancipated minor who is mature and informed will probably not be held liable for civil damages to the minor's parents, unless the court decides that she is not mature and well informed. In Carey v Population Services International, the Supreme Court struck down a New York statute that made sale of nonprescription contraceptives to a minor criminal. By extension, since a minor can probably consent to abortion, Texas physicians should be able to prescribe contraceptives to a mature and well informed minor. The privacy and physician-patient relationship of the minor should be protected in such situation.
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