Health professionals should be familiar with the laws affecting the medical rights of minors in the state in which they practice.
Obtain consent of the parent, guardian, or other adult who has legal authority to provide consent for medical treatment for the minor. If a minor requests treatment only on condition of non-disclosure, the health professional must weigh the benefits and risks and document the circumstances in the minor’s record.
It must be noted that the treatment of a minor without the expressed consent of a parent, guardian, or other adult who has legal authority to provide consent for medical treatment for the minor can be viewed as battery and possibly assault. An assault and battery is a combination of two intentional torts. Torts are wrongful acts that result in injury to another person or to another person’s property or reputation, and intentional torts result when a person intends to do the wrongful act. An assault is conduct that places a person in reasonable apprehension of being touched in a manner that is insulting, provoking, or physically injurious. A battery is the actual touching. Both denote acts done without lawful authority or permission. Because intent plays a part in such intentional torts, as well as in the commission of a crime, assault and battery resulting from the failure to obtain legal informed consent can entail criminal as well as civil liability. Malpractice insurance, which covers the health professional and clinic against claims of negligence or negligent torts, will usually not protect a health professional or health care organization in criminal cases and may not for intentional torts (which is civil litigation). Informed consent is especially important for school-based dental programs, where care may be provided in the absence of the parent, guardian, or other adult who has legal authority to provide consent for medical treatment for the minor. A dentist might believe that he is a doing a great service for a young patient by restoring a quadrant with stainless steel crowns; however, the parent may later be angry with the dentist for providing care without permission.
For adolescents, generally ages 14–18, the laws about whether the young patient may consent to care, or whether the patient’s parent, guardian, or other adult who has legal authority to provide consent for medical treatment for the minor must consent differ by state. It is recommended that a dentist obtain the consent of the minor as well as the parent, guardian, or other adult who has legal authority to provide consent for medical treatment for the minor.
In some states, adolescents may become emancipated if they are married, have a child, and/or have obtained a court order of emancipation. If the adolescent is emancipated, he or she may consent directly to treatment.
The laws in each state are different, and you should be familiar with the consent requirements of your state. A review of state minor consent laws may be viewed by subscription or purchase. Consult with legal counsel should you have any questions.
Safety Net Dental Clinic Manual
National Maternal and Child Oral Health Resource Center
Georgetown University