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| BASIC INFORMATION In
Maryland, parents are responsible for their children's
support, care, nurture, welfare and education.[1]
The Maryland Court of Appeals has held that medical care
is one of these parental responsibilities.[2]
Except as noted below, parents must give consent before
a physician can give medical or surgical treatment to
a minor.
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| MEDICAL
TREATMENT AND PARENTAL KNOWLEDGE OR CONSENT |
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| 1. |
What
types of medical treatment can I get without my
parent's knowledge or consent?
Under Maryland law, a
minor (anyone under 18 years of age) can consent
to medical treatment under the following conditions.
[3]
- You are married;
- You have a child;
- You have an emergency (i.e., when
any delay in obtaining consent from someone else
will harm your health);
- You want specific treatment or
advice about drug abuse, alcohol abuse, sexually
transmitted diseases, pregnancy or contraception;
- You need a physical exam and treatment
for 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.
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| 2. |
Can I get plastic surgery
(e.g., breast implants, liposuction) without my parents'
knowledge or consent? No.
These are elective surgeries. Under Maryland law,
you must have your parents' consent to have elective
surgery performed. |
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| 3. |
If I am raped or sexually
assaulted, can I get treatment without my parents'
knowledge or consent? Yes.[4]
You can also call 1-800-656-HOPE or visit www.mcasa.org
for more information about sexual assault. |
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| 4. |
Can I visit my local
health department for treatment during the school
day? Yes. You can seek treatment
during the school day, as long as school authorities
are satisfied that you follow reasonable school
attendance and truancy policies.
[5] |
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[1] See Md. Code Ann., Fam.
Law §5-203.
[2] State v. Fabritz, 276 Md. 416 (1975).
[3] See Md. Code Ann., Health Gen. §20-102
[4] See Md. Code Ann., Health Gen. §20-102.
[5] See 76 Op. Att'y
Gen. 163 (May 23, 1991). |
| PREGNANCY/ABORTION/ADOPTION/CONTRACEPTION |
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| 5. |
Can I
get an abortion without my parents' knowledge or
consent?
If you are a minor and you are
not married, the doctor may not perform an abortion
unless your parent or guardian is notified first.[6]
However, the doctor may
perform an abortion without informing your parents
under the following circumstances:
- If you do not live with your parents/guardian
or if the doctor's reasonable attempts to notify
your parents/guardian have failed;
- If notifying your parents/guardian might lead
to physical or emotional abuse;
- If, in the doctor's opinion, you are mature
and capable of giving informed consent; or
If notifying your parents/guardian would not be
in your best interest.
Ultimately, it is within the
discretion of the doctor whether to perform the
abortion without your parents' knowledge or consent.[7]
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| 6. |
Can my parents force
me to give up my baby for adoption?
No. You are considered an adult
for purposes of consenting to medical treatment
if you have a child. If you have questions about adoption,
call 1-800-TO ADOPT or
1-800-238-4269.
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| 7. |
Where can I go to get
prenatal or other health care if I cannot afford to
go to a doctor? You should
contact your local health department to determine
whether you are eligible for free or low-cost medical
treatment. In July 1988, the Maryland General Assembly
established the Maryland Children's Health Program
(MCHP). MCHP uses federal and state funds to provide
health care coverage to low-income children up to
age 19 who are not eligible for Medicaid and whose
income is at or below 200% of the federal poverty
level. MCHP also uses federal and state funds to
provide health care coverage to pregnant women of
any age whose countable income is at or below 250%
of the federal poverty level.
[8]
Your local health department
can provide you with more information on whether
you qualify under the MCHP or other programs. For
a complete listing of each County's Health Department
visit:
http://www.cha.state.md.us/html/local2.html.
You can also contact the Center for Maternal and
Child Health's Maternal and Perinatal Health Program,
which provides assistance to pregnant women seeking
prenatal care, at 1-800-456-8900.
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| 8. |
Can I get birth control
without my parents' knowledge or consent? If so, how?
Yes. You should contact
your local health department for information on
obtaining contraceptive devices (e.g., birth control
pills, intrauterine devices, spermicides, diaphragms,
subdermal contraceptives, etc.). Prophylactics (condoms)
are sold over the counter and are available in most
drug stores. You should also contact your local
health department for information about the uses
and functions of contraceptive devices, and any
risks associated with them.
For a complete listing of each
County's Health Department visit:
http://www.cha.state.md.us/html/local2.html.
For more information, you might also visit this
general site which provides information on sex,
abstinence, birth control, and teen pregnancy: http://teenadvice.about.com/od/sexabstinence. |
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[6] See Md. Code Ann., Health
Gen. §20-103(a).
[7] See Md. Code Ann., Health Gen. §20-103(b).
[8] For information regarding
the current poverty levels, see Federal Register,
Vol. 71,
No. 15, January
24, 2006, at pp. 3848-3849.
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| STDs/PROPHYLACTICS |
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| 9. |
Can I see
a doctor and get tested and/or treated for an STD
without my parents' knowledge or consent?
Yes. A minor has the same capacity
as an adult to consent to treatment for or advice
about sexually transmitted diseases.[9]
You should contact your
local health department for information about getting
tested and/or treated for a sexually transmitted
disease. For a complete listing of each County's
Health Department visit:
http://www.cha.state.md.us/html/local2.html
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| 10. |
Can I buy condoms without
my parents' knowledge or consent? Yes.
Prophylactics (condoms) are sold over the counter
and are available in most drug stores. You should
contact your local health department for information
about the uses and functions of prophylactics, and
any risks associated with them. For a complete listing
of each County's Health Department,
visit:
http://www.cha.state.md.us/html/local2.html
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[9] See Md. Code Ann., Health Gen.
§20-102. |
| INJURIES
CAUSED BY PARENTS/CHILD ABUSE |
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| 11. |
If my parents
abuse me and injure me, what should I do? Where can
I go for treatment? The first
priority under these circumstances is to obtain
treatment for your physical and/or mental health.
If you have physical injuries, you should contact
your local health department, as well as your local
Child Protective Services department within the
Department of Social Services. For more information
on what is considered abuse or neglect in Maryland,
as well as a list of important telephone numbers,
visit the Maryland Department of Human Resources'
Child Protective Services website at http://www.dhr.state.md.us/cps/index.htm.
You can also call 1-800-656-HOPE
to talk with someone about child abuse, rape or
incest. Of course, if your injuries are serious
or you fear for your life, you should call 911.
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| DECISION
MAKING ABOUT HEALTHCARE TREATMENT |
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| 12. |
Who has
the right to make decisions about my health care if
my parents are unavailable? In
an emergency situation, you have the right to consent
to medical treatment. In a non-emergency situation,
your parents should sign a legal document, called
a Health Care Authorization, designating who has
the right to make decisions regarding your health
care.
In addition, you can consent
to medical treatment under the following conditions:
- You are married;
- You have a child;
- You want specific treatment or
advice about drug abuse, alcohol abuse, sexually
transmitted diseases, pregnancy or contraception;
- You need a physical exam for 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.
[10]
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| 13. |
Do I have the right
to choose my own doctor? In
those situations where you are permitted to consent
to treatment, you can also choose the doctor who
will provide the treatment.
[11]
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| 14. |
Can anyone other than
my parents consent to my receiving medical care?
Yes. A relative who is providing
you with living arrangements, care and custody due
to serious family hardship may give consent for
your medical care. This is known as "informal
kinship care."[12]
Serious family hardship means your parent/guardian
has died, has a serious illness, suffers from drug
addiction, is incarcerated, has abandoned you or
has been assigned to active military duty. In order
for the relative to give consent to your medical
treatment, the relative must meet both of the following
criteria: (1) a court has not appointed a guardian
for you or awarded custody of you to someone else,
and (2) the relative verifies that "informal
kinship care" exists between you and the relative-this
must be done in the form of an affidavit given to
the Department of Social Services. For a sample
"Kinship Care Affidavit" visit: http://www.peoples-law.org/children/emancipation/kinship_care.htm. |
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[10] See Md. Code Ann.,
Health Gen. §20-102).
[11] See 76 Op. Att'y Gen. 163 (May 23, 1991).
[12] See Md. Code Ann., Health Gen. §20-105.
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| MENTAL
HEALTH ISSUES |
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| 15. |
Can I get
counseling or other therapy without my parents' knowledge
or consent? If so, where can I go to get it? Do my
parents have the right to see my records?
If you are 16 years of age or
older, you have 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.[13]
However, if your parent, guardian or custodian has
given consent to consultation, diagnosis or treatment,
you cannot refuse the consultation, diagnosis or
treatment.
[14]
You should contact your local
health department and/or the Department of Social
Services for information regarding how to obtain
counseling or other therapy for mental health issues.
Also, you can get additional information from the
Maryland Disability Law Center
regarding obtaining mental health services here:
http://www.mdlcbalto.org/pdfs/EPSDTTBSfactsheet%2003-03.pdf
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| 16. |
If I have thoughts about
suicide, who can I talk to?
Call 1-800-Suicide. You
can also call 911. |
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| 17. |
Can my parents admit
me into a hospital or other mental health treatment
program against my will? Your
parents/guardian can "involuntarily admit"
you in a mental health institution for treatment
provided you meet all of the following criteria:
- You have a diagnosed mental disorder;
- You need inpatient care or treatment;
- You present a danger to the life
or safety of yourself of someone else;
- You are unable or unwilling to
be admitted voluntarily; and
- There is nothing less restrictive
that can be done to protect you or someone else.
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[13] See Md. Code Ann.,
Health Gen. §20-104.
[14] See Md. Code Ann., Health Gen. §20-104.
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| HEALTH
RECORDS/PRIVACY |
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| 18. |
Are
my health records private? Do my parents have the
right to see my health records?
Your health records are private,
except under certain conditions. Even if you object,
physicians, psychologists or medical staff may provide
your parents and their spouses, your guardians,
or your custodians with information about your medical
treatment. Your parents/guardian have the right
to request and obtain your health records, except
as they relate to abortion. Even without a minor's
consent or over a minor's express objection, an
attending physician, psychologist or member of the
medical staff of a hospital or public clinic (under
the advice or direction of the attending physician
or psychologist) may give a parent, a parent's spouse,
a guardian or a custodian information about treatment
needed by or provided to a minor unless the treatment
relates to abortion.
[15] |
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| 19. |
Can I get copies of
my own medical records? Can other people get copies
of my medical records?
Yes. You should contact your
doctor or your local health department to determine
how to obtain copies of your medical records.
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[15] See Md. Code Ann., Health
Gen. §20-102. |
| TATTOOS/BODY
PIERCING/BLOOD DONATION |
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| 20. |
Am I required
to get my parents' consent to get a tattoo?
Yes.[16] |
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| 21. |
Am I required to get
my parents' consent to get a body piercing?
Yes.[17] |
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| 22. |
Can I donate blood without
my parents' consent? If
you are at least 17 years old, you may give blood
to a program without the consent of a parent provided
that the program is voluntary; does not pay money
for the blood; and is approved by the American Association
of Blood Banks or the American Red Cross.[18] |
| SUBSTANCE
ABUSE |
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| 23. |
Am I required
to get my parents' consent to go to a rehab facility?
Yes. |
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| 24. |
Am I required to get
my parents' consent to attend Alcoholics Anonymous?
No. |
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| 25. |
Am I required to get
my parents' consent to attend Narcotics Anonymous?
No. |
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Additional information
on substance
abuse. |
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For additional information
about specific health concerns, click here:
http://www.focusas.com/HealthInfoNumbers.htm |
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[16] See COMAR §10.06.01.06
(H)(1)(a).
[17] See COMAR §10.06.01.06 (H)(1)(a).
[18] See Md. Code Ann., Health
Gen. §20-102.
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| Source: MSBA, Leadership
Academy Fellow, Bethamy N. Beam.
Last legal review: April 8, 2008, Martine Jean, Maryland
State Law Library (MSLL).
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