Generally, both parents have the right to their minor child’s health and/or billing information, unless there is a court order revoking the parental rights of one or both of the parents.

Generally, both parents have the right to consent for treatment of their minor child regardless of who has custody of the child, unless there is a court order revoking that right from one or both parents.

While you may only need to have the consent of one parent, discord between parents could create future problems for you; especially, if an unexpected complication occurs as a result of treatment.

The ideal situation would be to have a meeting with both parents in attendance and hold an informed consent discussion including the nature of the minor’s problem, your recommended treatment plan, the benefits and risks of the plan and any alternative treatment and the benefits and risks of each, including the benefits and risks of no treatment. During this discussion, both parents should be encouraged to ask questions and voice concerns and the doctor should answer each question or address each concern. (Document all of this in the minor’s patient record.) If both parents then agree, the problem is solved. However, life is not always ideal, and one parent may still disagree. In this situation you could:

• Offer to refer the minor to another doctor for a second opinion.
• Elect not to perform the treatment or procedure if the treatment/procedure in non-emergent.
• Ask the consenting parent to get a court order allowing the procedure.

State laws vary widely and the laws frequently change. Some states may permit a minor to consent to treatment based upon the minor’s legal status or the type of healthcare to be delivered. For example, state law may recognize a minor as emancipated and thus, able to consent for his/her own treatment if he/she is married or in the military. Or, the state may legally grant an order of emancipation to a minor.

Some states may also permit an unemancipated minor to consent for his/her own treatment for certain medical services such as contraceptive, prenatal, STD/HIV or mental health services. Additionally, some states allow “mature minors” to consent for general healthcare in certain situations.

Before accepting the minor’s word on his or her emancipation, ask to see the order or other appropriate documentation.

Yes, if you have valid consent from the parent. Ideally, you would have the parent or legal guardian provide you with a written authorization specifically giving his/her consent for you to see the minor and for a specifically named adult to bring the minor to the office or for the minor to come in alone. The authorization could be for one visit only
or for a period of time. However, sometimes the minor just arrives with someone other than the parent or legal guardian with no written authorization from the parent. In such a case, you could call the parent or legal guardian and obtain telephonic permission for the minor to be seen and for pertinent medical information to be relayed to the person who brought the minor into the office. The phone call should be documented in the patient’s record.

Ideally, for visits that require more than general examination or follow-up, such as an initial visit, the need for a procedure or any treatment requiring informed consent, or if the minor has a condition which involves communication and/or education of the parent, it is highly recommended that you schedule/reschedule the appointment at a time the parent can be present.