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Minor Consent
As a Virginia pediatrician, when may I treat a minor without parental consent?
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In Virginia, a person under age 18 is considered a minor. Generally, minors
cannot consent to medical or surgical treatment without authorization from a
parent, guardian, or custodian, person standing in loco parentis to the minor, or
another individual as set forth in Virginia Code § 54.1-2969.
Where a delay in providing medical or surgical treatment to a minor could
adversely affect the minor’s recovery and no person authorized by Virginia
Code § 54.1-2969 is available within a reasonable time under the circumstances,
treatment may be rendered to minors without consent. However, if the minor is
fourteen years of age or older, his consent must be obtained before such
treatment is provided. Va. Code § 54.1-2969.
When Minors May Consent
Virginia Code § 54.1-2969 provides that there are certain occasions upon which
minors will be deemed adults for the purpose of consent. Situations in which
minors may consent to medical treatment for themselves or others in Virginia
include the following:
• A minor who has been married may consent to treatment for
himself or herself except with regard to sexual sterilization.
A pregnant minor may consent to surgical and medical treatment
for herself and her child related to the delivery of the child, when
that treatment is provided during the delivery of the child or the
hospital stay that follows the delivery.
• A minor parent may consent to treatment for his/her own minor
child.
• A minor may consent to the prevention, diagnosis, and treatment
of (1) venereal diseases, (2) infectious or contagious diseases that
the Board of Health requires to be reported, (3) pregnancy, (4)
abuse of controlled substances or alcohol, or (4) mental illness or
emotional disturbance.
• Although a minor is allowed by statute to consent to specified
medical procedures, Virginia law allows the minor’s parent,
legal guardian, or a person standing in loco parentis, to obtain
the following information:
• The results of a minor’s nondiagnostic drug test when
the minor is not receiving care, treatment, or
rehabilitation for substance abuse; and
• The minor’s other health records, unless the minor’s
treating physician or clinical psychologist has
determined that disclosing those health records to the
parent, legal guardian, or person standing in loco
parentis would be reasonably likely to cause
substantial harm to the minor or to another person.
There are specific Virginia laws which determine what is valid consent for sterilization
and abortion procedures.
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