Muskegon Family Care

Muskegon Family Care

Muskegon Family Care

Muskegon, MI

POLICY/PROCEDURE

POLICY NUMBER:403Page 1 of 2

TITLE: Minors Right to Consent to Treatment

EFFECTIVE DATE: 07/01/2000 REVISED DATE:04/08/09REVIEWED:______

PURPOSE: To establish the rights of minors to consent to treatment.

SCOPE: All Employees

COMPLIANCE: Clinic Managers

PRECAUTIONS: None

DEFINITIONS: Verbal consent is authorization for treatment provided over the telephone by a patient’s parent or legal guardian and verified by two Muskegon Family Care employees.

POLICY:

I.Muskegon Family Care requires written or verbal consent or accompaniment of parent or legal guardian before providing treatment for patients less than 18 years of age.

II.Muskegon Family Care abides by the notable exceptions (see below) provided under Michigan legislative modifications when providing health care to minors.

PROCEDURE:

I.Verbal consent documentation will include authorized treatment, name of person giving permission, date of authorization, relationship to the minor and names of staff members verifying authorization.

II.MFC provides treatment to minors without parental consent in the following circumstances:

  1. Substance Abuse Information and Treatment - MCLA 333.6121-attachment A
  2. Venereal Disease Information and Treatment - MCLA 333.5127-attachment B
  3. Allow minor to consent to treatment or surgical care, treatment or services under this law.
  4. For medical reasons the treating provider may withhold or inform parent or guardian as to treatment given without the minors consent to release information.
  5. MFC will not hold parent or guardian legally responsible for the payment of the services provided.
  6. Emancipated Minors - MCLA 722.4-attachment C.A child is considered emancipated and able to give or withhold consent to treatment under the

POLICY NUMBER: 403Page 2 of 2

following circumstances:

  1. When child reaches 18.
  2. Is emancipated by order of probate court.
  3. Is married or on active duty in armed forces.
  4. When parent has filed document with county court releasing parental rights.
  5. When child is brought to emergency room in custody of law enforcement officer, with treatment being necessary, and the parent or guardian is unable to be contacted.

1.Hold parent or guardian responsible for cost of medical care rendered to the child.

2.End emancipation in this context when medical care is terminated or the minor is released from custody.

vi. When minor is a prisoner or on probation residing in an alternative incarceration unit and parent/guardian cannot be located.

III.Unwed Mothers - MCLA 333.9132-attachment D

a.Allow minor to consent to “prenatal and pregnancy related health care” as well as “health care for a child of the minor”.

b.Do not require consent of any other person.

c.Define “health care” as “only treatment intended to maintain the life and improve the health of both the minor and the minor’s child or fetus”.

IV.Outpatient Mental Health Services - MCLA 330.1707-attachment E

a.Allow a minor, age 14 or older, to request and receive up to 12 outpatient sessions or four months of counseling without parental consent.

b.Do not give the minor referrals, chemotherapy or abortions without parental consent.

c.Do not hold the parent or guardian legally responsible for payment of services rendered.

d.Provide services on an outpatient basis only.

e.Promote the minor’s relationship to the parent or guardian.

f.Do not “undermine the values that the parent… has sought to instill in the minor”.

  1. Bona fide Medical or Dental Emergencies -if the minor presents for care without their parent or guardian, the provider will be consulted regarding the urgency of the care.
  2. For Title X Funded Family Planning Setting see attachment F
  3. For additional information regarding Michigan Laws Related to Right of a Minor to Obtain Health Care Without consent or Knowledge of Parents see

attachment G.

Approved:

______Date ______Date ______

Donna M. Littlejohn, Executive DirectorDorothy Scott, Board President

S:\Policies\Policy & Procedure\Clinical Operations (400's)\403 Minors Right to Consent to Treatment eff. 4-08-09.doc

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