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It is legal in every state to provide emergency medical care to a minor without parental consent. Minors may consent to emergency care if they have the capacity to do so. However, assent for emergency care is no more required than is parental permission.
Children under the age of 16 can consent to their own treatment if they're believed to have enough intelligence, competence and understanding to fully appreciate what's involved in their treatment. This is known as being Gillick competent. Otherwise, someone with parental responsibility can consent for them.
Parental Knowledge or Consent Except as noted below, parents must give consent before a physician can give medical or surgical treatment to a minor. Under Maryland law, a minor (anyone under 18 years of age) can consent to medical treatment under the following conditions.
Releases of liabilitysometimes called waiversare legal agreements designed to transfer responsibility for injuries and property damage from one party to another.
A new law in Maryland will allow minors as young as 12-years-old to seek mental and emotional healthcare without their parent or guardians' consent.
By law, healthcare professionals only need 1 person with parental responsibility to give consent for them to provide treatment. In cases where 1 parent disagrees with the treatment, doctors are often unwilling to go against their wishes and will try to gain agreement.
§ 20-104. 1) A minor who is 16 years old or older has the same capacity as an adult to consent to consultation, diagnosis, and treatment of a mental or emotional disorder by a physician, psychologist, or a clinic.
1) A minor who is 16 years old or older has the same capacity as an adult to consent to consultation, diagnosis, and treatment of a mental or emotional disorder by a physician, psychologist, or a clinic.