Last date edited 09/26/08
 

Minors and Medical Treatment in Maryland

Can a minor consent to medical treatment?
Under Maryland law, a minor can consent to medical treatment under the following conditions (Md. Health - General Code Ann. §20-102):

• You are married.
• You have a child.
• An emergency (an emergency means any delay to obtain consent from someone else will
  harm your health)
• You want specific treatment or advice about: drug abuse, alcoholism, sexually-transmitted diseases, pregnancy, contraception (other than sterilization).
• You need a physical exam and treatment of injuries from an alleged rape or sexual offense,
• You need a physical exam to obtain evidence of an alleged rape or sexual offense, or
• You need an initial medical screening and physical exam after being admitted into a detention center.

If the you do not want the information shared, can you prevent this from happening?
Even if you object, physicians, psychologists, or medical staff may provide your parents (or a parent's spouse), your guardians, or your custodians with information about the treatment. However, certain types of treatment regarding abortion may not be shared. (Md. Health - General Code Ann. §20-102).

When is the parent notified about the minor's treatment or advice regarding an abortion?
Generally a doctor may not perform an abortion of an unmarried minor unless the parent or guardian is first given notice (Md. Health - General Code Ann. §20-103). A doctor may perform an abortion without notifying a parent or guardian in the following situations.

• The minor does not live with the parent or guardian and the physician has made unsuccessful, but reasonable efforts to contact the parent or guardian.
• Notifying the parent or guardian may lead to physical or emotional abuse of the minor.
• The minor is mature and capable of giving informed consent.
• Notification would not be in the "best interest" of the minor.

Can a minor choose the physician who will provide treatment?
In those situations where a minor is permitted to consent to treatment, you can also choose the person who will provide the treatment (76 Op. Att'y Gen. 163 (May 23, 1991)).

Can a minor visit a local health department on a school day?
You can seek treatment during the school day, as long as, school authorities are satisfied that you follow reasonable school attendance and truancy policies (76 Op. Att'y Gen. 163 (May 23, 1991)).

Can minors consent to treatment for mental or emotional disorders?
If you are at least 16 years old, you can consent to consultation, diagnosis, and treatment of a mental or emotional disorder by a physician, psychologist, or a clinic (Md. Health - General Code Ann. §20-104).

However, if your parent, guardian, or custodian has given consent to consultation, diagnosis, or treatment you cannot refuse. (Md. Health - General Code Ann. §20-104).

Who else can give consent for medical care of a minor?
A relative, who is providing living arrangements, care, and custody of the child due to a serious family hardship may give consent for medical care to that minor. This type of arrangement is known as "informal kinship care" (Md. Health - General Code Ann. §20-105).

Serious family hardship means the parent or guardian:

• has died;
• has a serious illness;
• suffers from drug addition;
• is incarcerated;
• has abandoned the minor; or
• has been assigned to active military duty.

In order for the relative to give consent, the relative must meet both of the following:
1. The court has not appointed a guardian for the child or has not awarded custody to someone else, and
2. The relative verifies that the "informal kinship care" exist between the relative and the child. The relative must provide a sworn affidavit to the Department of Social Services. The affidavit must include: