FAQ

 

 

 

 

Can a minor child (under 18 years of age) consent to treatment?
The OSMA has developed a legal brief titled Treating Minors that outlines what physicians need to know about this issue. OSMA members can download the brief by clicking here.
May a minor female patient request and receive birth control without a parent's consent?
Whether a physician should treat a minor patient without parental consent depends on whether an exception to the requirement for parental consent applies. These exceptions include requests by a minor for an abortion, treatment for drug- and alcohol-abuse, treatment for sexually transmitted diseases and whether, in the opinion of the physician, the minor is mature enough to independently consent to treatment. Ohio law does not provide a specific exception for requests for birth control. The OSMA has developed a legal brief titled Treating Minors that outlines what physicians need to know about this issue. OSMA members may download a copy of the legal brief by clicking here.
Who can access a minor child's medical records when the parents are divorced or separated?
The OSMA has developed a Legal Brief titled Treating Minors that outlines the specific information a physician needs to know concerning this issue. If you are an OSMA member, you can download the brief by clicking here.
Who is a mature minor?
A minor, a child under 18, is considered mature when a physician determines, on a case-by-case basis, that the minor is capable of giving informed consent to treatment. The physician should employ the same criteria used to determine the ability of an adult to consent whose decisional capacity is in question. Once a finding has been made that the minor possesses the capacity to consent, the minor must give informed consent exactly as an adult would. Minors younger than 15 should not be determined mature by the physician without judicial guidance. This applies especially to minors about to receive major procedures or in life-threatening situations.

For more information see the OSMA's Legal Brief titled Treating Minors. If you are an OSMA member, you can download the brief by clicking here.
Who is an emancipated minor?
A minor, a child under 18, is generally considered emancipated if he or she is no longer under the protection and control of his/her parents or guardian. Minors who are married, in the armed services or living away from the parents' home and self-supporting are usually considered emancipated.

Unmarried minor mothers who live with their parents are sometimes considered emancipated because they are able to make medical care and treatment decisions on behalf of their children. However, a minor mother should be able to demonstrate the capacity of a "mature minor" before treatment is provided without parental consent.

For more information see the OSMA's Legal Brief titled Treating Minors. If you are an OSMA member, you can download a copy of the brief, by clicking here.