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Minor Consent
As a Florida pediatrician, when may I treat a minor without parental consent?
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In Florida, 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 (e.g., teachers or childcare providers who have temporary charge of a minor).
Other persons may give consent for medical care if the person who has the power and consent cannot be contacted and actual notice to the contrary has not been given to the provider as follows: person who possesses a power of attorney, step-parent, grandparent, adult sibling, or adult uncle or aunt (in order of priority listed). See Fla. Stat. § 743.0645 for specific procedures to obtain consent through another person.
However, there are exceptions to this general rule. In an emergency situation, medical or surgical treatment may be rendered to minors without consent if, in the judgment of the physician, the minor suffers from an injury or acute illness and would be endangered by delaying treatment to secure consent. This only applies when parental consent cannot be obtained due to the patient’s:
(1) Inability to communicate the identity of the parent or guardian
(2) The parent or guardian cannot be located by telephone at the residence or business
In such instances, notification must be made as soon as possible. In the case of an emergency – one which is life-threatening or would result in disfigurement or impairment – consent is implied, unless a person who is authorized to consent to the minor’s treatment is available. A note must additionally be made in the medical re-cords reflecting the reason that consent was not initially obtained and affirming the fact that immediate emergency medical care or treatment was necessary for the patient’s health.
In emergency situations, treating physicians are advised to try to obtain consent from the minor patient’s parent, guardian or custodian whenever possible, and if consent is obtained from someone other than a parent, documentation of this con-sent is recommended.
When Minors May Consent
Situations in which minors may consent to medical treatment for themselves or others in Florida include the following:
- A married minor may consent to treatment for himself/herself and for his/her spouse, if the spouse is unable to give consent and has not designated a per-son other than the spouse to make healthcare decisions.
- A minor parent may consent to treatment for his/her own minor children.
- An unwed minor may consent to treatment related to pregnancy, the preven-tion of pregnancy, childbirth and termination of pregnancy. Fla. Stat. § 743.065.
- A minor may consent to treatment for his/her own sexually transmissible dis-eases.
In those instances when a minor may consent for himself/herself to medical or surgical treatment, the consent may be oral or in writing. Consent may also be implied in those cases in which the minor voluntarily submits to treatment once he or she has been fully informed of the treatment or procedure. There is one notable exception, however; a minor who has been declared incompetent cannot consent orally or otherwise to any treatment or procedure for himself/herself or for any other person.
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