Consent for Care and Confidential Health Information
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CONSENT FOR CARE AND CONFIDENTIAL HEALTH INFORMATION Michigan Laws Related to Right of a Minor to Obtain Health Care Without Consent or Knowledge of Parents Laws regarding consent to medical and Is parental consent required? Is parental access to the minor’s surgical care by minors. information permitted? General Rule: A minor is a person 17 years Required Yes or younger Emancipation of Minors Act, MCL 722.1; Age of Majority Act, MCL 722.52. Emancipation/Emancipated Minor Not required No Emancipation of Minors Act, MCL 722.1 –722.6 1. An emancipation occurs by court order via a petition filed by a minor with the family division of circuit court. 2. An emancipation also occurs by operation of law under any of the following circumstances: When a minor is validly married. When a person reaches the age of 18 years. During the period when the minor is on active duty with the armed forces of the United States. Laws regarding consent to medical and Is parental consent required? Is parental access to the minor’s surgical care by minors. information permitted? Emancipation/Emancipated Minor Continued For the purposes of consenting to routine, nonsurgical medical care or emergency medical treatment to a minor, when the minor is in the custody of a law enforcement agency and the minor’s parent or guardian cannot be promptly located. For the purposes of consenting to his or her own preventive health care or medical care including surgery, dental care, or mental health care, except vasectomies or any procedure related to reproduction, during the period when the minor is a prisoner committed to the jurisdiction of the department of corrections and is housed in a state correctional facility; or the period when the minor is a probationer residing in a special alternative incarceration unit. Unaccompanied Homeless Youth Depends Not addressed. The McKinney-Vento Homeless Assistance Act, PL Generally, state law applies with regard to Although McKinney-Vento does not 100-77, 42 USC 11301 et seq. 42 U.S.C. consent for dental or medical services. The address privacy rights of an §11432(g)(4), 42 U.S.C. §11432(g)(6)(A)(iii) McKinney-Vento Homeless Assistance Act unaccompanied minor, the Family recognizes consent for services available at Educational Rights and Privacy Act Homeless children are to have access to school by “unaccompanied youth”, which (FERPA) might allow access by education and other services for which they includes a youth not in the physical custody parent or legal guardian. 20 U.S.C. § are eligible. To the extent services for dental, of a parent or guardian. 1232g, 34 CFR Part 99. medical, and other such needs are available at school, children experiencing homelessness must have access to them. 2 Laws regarding consent to medical and Is parental consent required? Is parental access to the minor’s surgical care by minors. information permitted? Abortion Required Yes, unless a judicial waiver. The Parental Rights Restoration Act, MCL 722.901 – 722.909 Written consent of one parent/legal guardian or a judicial waiver (court order) of parental consent from probate court. Minors also must comply with the 24- hour waiting period prior to obtaining an abortion. Birth Control Provider discretion applies for providers Provider discretion applies for providers not funded by Title X not funded by Title X There are no specific MI statutes on this issue; this is a Federal Constitutional “right There are no specific MI statutes on this There are no specific MI statutes on this of privacy.” issue; this is a Federal Constitutional “right issue; this is a Federal Constitutional “right Title X Agencies: Family planning of privacy.” of privacy.” agencies funded under Title X of the Public Generally, practitioners must be aware Generally, practitioners must be aware Health Service Act must provide family that there is no statutory authority or that there is no statutory authority or planning and related services without regard protection for their actions. protection for their actions. to age or marital status. 42 CFR 59.5. Parental consent not required for services Access not permitted when services provided by Title X funded agencies. See provided by Title X funded agencies. See section on “Title X agencies”. section on “Title X agencies”. Emergency Care Required, other than life-threatening Yes circumstances, immediate medical Parent or guardian consent is required. attention needed, and parents cannot be located. 3 Laws regarding consent to medical and Is parental consent required? Is parental access to the minor’s surgical care by minors. information permitted? Emergency Care Continued Governor has power to issue executive Potential for Governor to waive consent orders and directives, which could allow requirements that interfere with response prophylaxis or medical care to an to an emergency or disaster. unaccompanied minor during a declared emergency or disaster under Emergency Management Act, MCL 30.401 et seq. Immunizations Generally required Generally, yes Michigan’s communicable disease rules For exceptions, see sections on For exceptions, see sections on mandate immunizing children against “Title X agencies” and on “Prenatal “Title X agencies” and on “Prenatal specified diseases and infections. R 325.176 and Pregnancy-Related Health Care”. and Pregnancy-Related Health Care”. Mental Health – Inpatient Care Required Yes Mental Health Code, MCL 330.1498d A minor of any age may be hospitalized Parents may admit for inpatient care. for mental health reasons if a parent/legal Minor may consent to limited inpatient guardian or agency requests and the minor is care if 14 years or older. found to be suitable for hospitalization. A minor of 14 years or older may request and if found suitable be hospitalized. Suitability, in either case, shall not be based solely on one or more of the following: epilepsy; developmental delay; brief periods of intoxication; juvenile offenses; or sexual, religious or political activity. 4 Laws regarding consent to medical and Is parental consent required? Is parental access to the minor’s surgical care by minors. information permitted? Mental Health – Outpatient Care Not required Provider discretion applies. Mental Health Code, MCL 330.1707 A minor age 14 or older may request and Information may be given to parent, Minor may consent to limited outpatient receive up to 12 outpatient sessions or four guardian, or person in loco parentis for a care if 14 years of older. months of outpatient counseling. compelling reason based on a substantial probability of harm to the minor or to another individual; mental health professional must notify minor of his/her intent to inform parent. Prenatal and Pregnancy-Related Health Not required Provider Discretion Applies Care Public Health Code, MCL 333.9132 The consent of any other person, Before providing care the patient must including the father of the baby or spouse, be informed that notification may take place. Minor may consent to maintain life and parent, guardian, or person in loco parentis, For medical reasons information may be preserve health of the minor or the minor’s is not necessary to authorize health care to a given to or withheld from spouse, parent, child or fetus. minor or to a child of a minor. guardian or person in loco parentis without At the initial visit permission must be consent of the minor and notwithstanding requested of the patient to contact her her express refusal to the providing of the parents for any additional medical information. information that may be necessary or helpful. Access not permitted when services See section on “Title X agencies”, if provided to minor by Title X funded services provided to minor by Title X funded agency. See section on “Title X agencies”. agency. The provision of health care for a child of The minor mother shall consent to care Minor Mother the minor for her child. Public Health Code, MCL 333.9132 The consent of any other person, including the father of the baby or spouse, Minor may consent to maintain life and parent, guardian, foster parent, is not preserve health of the minor or the minor’s necessary to authorize health care to a child child or fetus. of a minor. 5 Laws regarding consent to medical and Is parental consent required? Is parental access to the minor’s surgical care by minors. information permitted? Substance Abuse Services Not required Provider discretion applies. Public Health Code, MCL 333.6121 For medical reasons information as to Minor may consent the treatment given or needed, may be given to or withheld from the spouse, parent, guardian or person in loco parentis without consent of the minor and notwithstanding the express refusal of the minor to the providing of the information. Title X Agencies Not required No Title X of the Public Health Service Act Minors may obtain services from a Title Title X Agencies: Parental access to funds agencies to provide services to X agency without parental consent. minor’s information not permitted without promote the reproductive and general health Title X Agencies: To the extent the minor’s documented consent, except as care of the family planning client population. practical, funded agencies shall encourage may be necessary to provide services to the 42 USC § 300; 42 CFR Part 59. For minors to include their families, however, patient or as required by law, with information on required and related health this is not mandatory in order to obtain appropriate safeguards for confidentiality. services, go to services. 42 USC §300(a). 42 CFR 59.11. Michigan.gov/familyplanning. Funded agencies must provide services without regard to age or marital status. 42 CFR 59.5. Venereal Disease (STI) / HIV Not required for diagnosis or treatment. Provider discretion applies as to the Public Health Code, MCL 333.5127, MCL 333.5133, Also not required for medical care to treatment given or needed.