Washington State Medical Laws for Minors

A minor has the same capacity as an adult to consent to medical or dental treatment if he or she lives separately from his or her parents, parents or guardians, whether or not he or she lives with or without the consent of his or her parents, parents or guardians, and supports himself or herself regardless of his or her source of income. This document covers 34 states and the District of Columbia with laws that allow minors living alone, including unaccompanied minors who are homeless, to consent to routine health care, which should include vaccinations unless specifically exempted. It also includes states with laws that allow minors to consent to the diagnosis and treatment of infectious, contagious or reportable diseases, including COVID-19 testing. Awareness and full implementation of these laws is particularly important during the COVID-19 pandemic. Information about state laws pertaining to behavioral health services for minors is available on the Washington State Legislature website at RCW 71.34. Any of the following persons may consent, orally or otherwise, to any surgical or medical treatment or procedure that is not prohibited by law proposed, recommended, prescribed or directed by a licensed medical practitioner: (7) Any unemancipated minor who has sufficient intelligence to understand and appreciate the consequences of the proposed treatment or surgical or medical interventions, for yourself; (14) a local McKinney-Vento Homeless Association education agency for unaccompanied homeless youth. A minor who lives apart from his or her parents and manages his or her own financial affairs, regardless of the source of income or the amount of income, is eligible for medical or dental services. Any emancipated minor, minor who has entered into a legal marriage or any homeless minor may consent to the provision of hospital, medical and surgical care to that minor, and such consent may not be refused on the grounds of minority. The consent of the parents or parents of such a person is not required to authorize hospital, medical and surgical care. An unemancipated minor who is 14 years of age or older and has the capacity to consent to medically necessary medical care if he or she lives separately from his/her parents or legal guardian or one of his/her parents. Through a court order, Washington State provides that mature minors who are able to meet the informed consent standard have the authority of consent.

To determine whether the patient is a mature minor, providers assess “age, intelligence, maturity, education, experience, economic independence or absence, general behavior in adulthood, and freedom of parental control.” A hospital may detain the adolescent as part of family-initiated treatment (FIT) if medically necessary. Note: Another option may be detention under the Involuntary Treatment Act (ITA) if it is determined that the young person is severely disabled or at imminent risk of injury to themselves or others. A provider will assess the adolescent and consider the information provided by the family to determine if treatment is medically necessary. A young person`s refusal to contact the claimant cannot be the sole ground for refusing treatment. Any minor who lives separately from his or her parents or legal guardian, with or without the consent of a parent or guardian and regardless of the duration of such separate residence, and who manages personal financial matters, regardless of the source or extent of the minor`s income, may effectively consent for personal medical purposes. dental, mental health and other health services. A minor may consent to all medical, mental, dental and other health services and advice if he or she lives apart from his or her parents or guardians and is independent of parental support. The minor can prove this status with documents, including, but not limited to, a written statement from a homeless nonprofit, local education agency McKinney-Vento Homeless Association, or an attorney. Mental Health America ranks states based on incidence of mental illness and access to services.

The agency`s 2020 ranking ranks Washington 43rd based on various measures indicating a higher prevalence of mental illness and lower rates of access to health care. Age of consent laws have also allowed teens in Washington to say no to mental health or addiction treatment, regardless of whether parents and caregivers have agreed that such treatment is necessary to protect the teen`s safety and well-being. Notwithstanding any other legal requirement, a minor fourteen (14) years of age or older who may have been in contact with an infectious, contagious or transmissible disease may consent to the provision of hospital, medical and surgical care in connection with the diagnosis or treatment of that disease if the disease or condition is prescribed by law. or an order issued under a statute, which must be reported to the local health official. Such consent may not be refused on the basis of a minority. The consent of the parent, parent or legal guardian of such minor is not required to authorize hospital, medical or surgical care related to that condition, and such parents, parents or guardians are not responsible for payment of benefits provided under this Division. An unaccompanied homeless minor 14 years of age or older may consent, contract and receive medical, dental or behavioural tests, care or treatment without the permission, authority or consent of a parent or guardian. Acceptable documentation showing that a person is an unaccompanied homeless minor includes a statement documenting this status, signed by: A minor must be qualified and competent to seek medical care if they are 16 or 17 years of age, homeless or a victim of domestic and independent violence. The minor must be able to prove that his or her parents or guardians have expressly or implicitly consented to the minor living independently of the control of the parent or guardian. To demonstrate consent, the minor may, among other things, provide a letter from a state or nonprofit agency for the homeless, a local McKinney-Vento Homeless Association education agency, a social worker, or a school counselor or lawyer.

consent to the provision of lawful medical treatment to or for minors by a licensed practitioner of medicine, surgery, dental, psychological or osteopath, a clinical nurse specialist, or a public hospital or clinic or its representatives or staff, and to provide hospitalization and other treatment reasonably necessary in this regard; may be granted by: (a) Subject to subsection (a1) of this section, any minor may give effective consent to a physician licensed to practice medicine in North Carolina for medical health services for the prevention, diagnosis, and treatment of (i) sexually transmitted diseases and other diseases listed under G.S. 130A-135, (ii) pregnancy, (iii) controlled substance or alcohol abuse, and (iv) emotional disturbance. Notwithstanding any law to the contrary, a health care provider must obtain written consent from a parent or guardian before administering a vaccine that has received an emergency use authorization and is not yet fully approved by the U.S. Food and Drug Administration for a person under the age of 18. A child may consent to medical, dental, psychological and surgical treatment of the child by a licensed physician or dentist if the child is 16 years of age or older and lives separately from his or her parents, principal curator or guardian, with or without the consent of the parent, managing curator or guardian and regardless of the length of stay. and manages the child`s financial affairs, regardless of the child`s source of income. A minor 12 years of age or older who admits to being pregnant or suffering from contagious, infectious or transmissible diseases as defined in Chapters 5 and 7 of Title 16, or who claims to be exposed to the possibility of becoming pregnant, may give her written consent to any licensed medical practitioner, except in the case of an abortion. A public hospital or clinic for diagnosis, prevention, lawful therapeutic procedures, medical or surgical care and treatment, including X-rays, by a physician licensed in that State to practice medicine or surgery or osteopathic medicine or surgery, and by a public hospital or clinic, their employees or qualified representatives, in the course of their employment. (a) A minor may consent to receive medical or dental care if he/she fulfils all of the following conditions: (2) primary health care and services benefit the juvenile; and A. Notwithstanding other legal requirements, the following minors may consent to services provided by health professionals in the following cases: Any minor may give effective consent to legally authorized medical, health or psychiatric services to prevent the presence or treatment of pregnancy, sexually transmitted diseases, drug addiction, alcohol toxicity or a reportable disease. To diagnose or treat the disease. and the consent of no other person is deemed necessary.