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Minor Consent
As a North Carolina pediatrician, when may I treat a minor without parental consent?
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In North Carolina, 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 or any person standing in loco parentis to the minor. N.C. Gen. Stat. § 90-21.1
In an emergency situation where the parent, guardian or any person standing in loco parentis to the minor cannot give timely consent, treatment* may be rendered to minors without consent. N.C. Gen. Stat. § 90-21.1(1)-(3)
In an emergency situation where parents refuse to consent to a procedure, a physician may treat a minor; but unless the physician is in a rural community, he must first obtain the opinion of another North Carolina physician that such procedure is necessary to prevent immediate harm to the child. N.C. Gen. Stat. § 90-21.3.
When Minors May Consent
Situations in which minors may consent to medical treatment for themselves or others in North Carolina include the following:
• A emancipated minor, who is a minor that is married, has been
emancipated by an order of court, or is serving in the armed forces,
may consent to treatment for himself/herself. N.C. gen. Stat. § 90-
21.5(b).
• A minor parent may consent to treatment for his/her own minor child.
N.C. Gen. Stat. § 90-21.5(b).
• A minor may consent to the prevention, diagnosis and treatment of (1)
venereal diseases and other like diseases, (2) pregnancy, (3) abuse of
controlled substances or alcohol, or (4) emotional disturbance. N.C.
Gen. Stat. § 90-21.5(a).
There are specific North Carolina laws which determine what is valid consent for sterilization and abortion procedures
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