When Does a Minor Have Informed Consent? Term Paper

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Consent

The New York Civil Liberties Union reports that a minor who is "emotionally and intellectually mature enough to give informed consent" and who lives in the house of his parents or guardians (under their supervision) is a "mature minor" (Feierman). The NYCLU information documents assert that New York medical ethics would (and presumably does) treat a mature minor "upon her informed consent." However in Ohio and other states a minor may not consent to medical care without parental consent, except in certain situations. In Ohio there is the "emergency care doctrine," which states that if there is a severe condition the doctor (or nurse in a hospital) "…may not need anybody's consent to begin treatment" (ALCU of Ohio, 2014).

The informed consent must be received in writing prior to a minor being administered medications. According to the Tennessee Department of Mental Health and Substance Abuse Services, for children in custody (the 16-year-old boy John was in custody but escaped, so technically he is still a detainee) the supervisors must have all information regarding treatments, risks, health issues (www.tn.gov). So the doctor or other healthcare worker should obtain information in "sufficient detail to be able to make an informed decision regarding consent," and also, when the child is not in custody, parents in Tennessee have the decision-making power over their minor children.

In the Journal of Medical Ethics an article states that clinicians should be knowledgeable as to who is able to give consent so those clinicians are informed before any situation may arise that would require a decision regarding informed consent.

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In fact on a natural level, it is the general rule that "Consent must be obtained before starting treatment or investigation, or providing personal care for a patient" (Fisher-Jeffes, Lisa, 2007). Doctors should to the extra mile to learn as much as possible about patients' "individual needs and priorities" and should "enter a dialogue with them about treatment" (Fisher-Jeffes, p. 2). The child's parents should be contacted if there is any doubt as to the child's ability or right to give his or her own informed consent.

In Ohio, by law, before any patient agrees to any procedure in a healthcare setting these issues must be clearly explained: a) why this procedure is necessary; b) The purpose and the nature of the procedure; c) the benefits but also the risks of the procedure; and d) any possible alternatives to the procure must be presented (ACLU of Ohio). Patients must also be informed as to the cost of the procedure and any follow-up care that might be needed following the procedure, and part of the reason the "emergency care doctrine" is on the law books in Ohio is that if a minor condition is very severe, a doctor does not need "anybody's consent to begin treatment" (ACLU of Ohio).

The Ohio rules on healthcare for children are also in line with the federal legislation that has been passed in this regard, the Health Insurance Privacy and Accountability Act (HIPAA)….....

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