Risk Management FAQ's

In North Carolina, a person under age 18 is considered a minor and generally may not consent to their own medical treatment without authorization from a parent, guardian or person acting as a parent or guardian. There are exceptions to this rule. In an emergency, the physician should try to obtain consent from a minor’s parent or surrogate, but the physician may treat in the absence of such consent if delay in providing medical care would endanger the life or seriously worsen the physical condition of the minor. In addition, where the parent’s or surrogate’s refusal to consent to a procedure would endanger the life or seriously worsen the physical condition of the minor, the physician may nevertheless render treatment after first obtaining the opinion of another physician that the procedure is necessary to prevent immediate harm to the minor. For purposes of the treatment of minors, “treatment” is broadly defined to include tests and medications as well as any medical procedure or treatment.

Minors may consent to their own treatment in certain prescribed situations including (1) treatment of venereal and other specified communicable diseases, (2) pregnancy, (3) substance abuse, and (4) “emotional disturbance.” In addition, emancipated minors may consent to any medical treatment. Emancipated minors are generally minors who are married or have been emancipated by court action. However, and although a minor may consent to pregnancy treatment, a minor may not alone consent to pregnancy termination. Pregnancy termination requires consent of the parent or surrogate as previously discussed herein, or a grandparent, or a court order.

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