Appalachian District Health Department

Policy and Procedure Policy Name HIPAA Policy Topic Consent for Treatment and Authorization of Minors

Section 800

Approved Date: 3-7-13

Chapter 821

Revision Date:

Policy: ADHD will require a parent or legal guardian’s signature on any authorization and consent for treatment forms for a minor patient unless the patient requests that his or her parents not be notified in compliance with state and federal laws. A parent, guardian or other person recognized by state law as acting in loco parentis on behalf of a patient who is an unemancipated minor will be recognized as the patient’s personal representative. Note: In this policy the term parent refers to a parent, guardian, or other person acting in loco parentis. A parent may act as a personal representative unless state or other law permits the minor to request that information not be shared with a parent, guardian or other person acting in loco parentis.

Definition of a minor: A person under the age of 18 years. Minors are "subject to the supervision and control" of their parents unless they have been emancipated (G.S. 7B-3400). Definition of an emancipated minor: A minor who is married, one who is in the armed forces with parental consent, or one who has a court order of emancipation. Exceptions to the parental concent requirement for unemancipated minors 1. A custodial parent or legal guardian may authorize another adult to consent ot the minor's care during a period in whichh the parent or guardian is unavailable. This a type of "health care power of attorney" that applies only to minors (G.S. 32A - 28 through 32A 34). 2. Physicians may treat a minor without the consent of the parent, legal guardian or person acting in loco parentis (PILP) under any of the following emergency or urgent circumstances (G.S. 90-21.1): a. The parent or other authorized person cannot be locate or contacted with reasonable diligence during the time within whichh the minor needs the treatment. b. The minor's identity is unknown. c. The need for immediate tyreatment is so apparent that any effort to secure approval would delay the treatment so long as to endager the minor's life. d. An effort to contact the parent or other authorzed personwould result In a delay that would seriously worsen the minor's pysical condition. e. The parent refuses to consent and the need for immediate treatemnt is so apparent that the delay required to obtain a court order would endanger the minor's life or seriously worsen the minor's physical condition, and two licensed physicians agree that the treatment is necessary to prevent immediate harm to the minor. 1|HIPAA – Consent for Treatment and Authorization of Minors

Appalachian District Health Department

Policy and Procedure Policy Name HIPAA Policy Topic Consent for Treatment and Authorization of Minors

Section 800

Approved Date: 3-7-13

Chapter 821

Revision Date:

3. ADHD may immunize a minor who is presented for immunization by an adult who signs a statement that he or she has been authorized by the parent, guardian, or PILP to obtain the Immunization for the minor (G.S. 130A-153(d)). 4. Unemancipated minors may consent for their own prevention, diagnisis or treatment of any of the following conditions as long as the person has both the legal capacity (given by G.S. 90-21.5(a)) and the decisional capacity (the ability to understand health care treatemtn option and make informed decisions): a. veneral diseases and other reportable communicable diseases, b. pregnancy c. abuse of controlled substances or alcohol d. emotional disturbance

Regulation 45 CFR 164.502(g)(3)

Authorizes parents to act as the personal representatives of unemancipated minors and establishes exceptions to that authority.

2|HIPAA – Consent for Treatment and Authorization of Minors