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Health Issues


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.


  1. Medical Treatment and Parental Knowledge or Consent
  2. Pregnancy/Abortion/Adoption/Contraception
  3. STDs/Prophylactics
  4. Injuries Caused By Parents/Child Abuse
  5. Dating Violence
  6. Decision Making About Healthcare Treatment
  7. Mental Health Issues
  8. Health Records/Privacy
  9. Tattoos/Body Piercing/Blood Donation
  10. Substance abuse

 MEDICAL TREATMENT AND PARENTAL KNOWLEDGE OR CONSENT

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.
 

 

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.

   
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.

   
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]

   
  [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

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]

   
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.

   
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.

   
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.

   
 

[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.

 STDs/PROPHYLACTICS

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

   
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

   
  [9] See Md. Code Ann., Health Gen. §20-102.

 INJURIES CAUSED BY PARENTS/CHILD ABUSE

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.

 DECISION MAKING ABOUT HEALTHCARE TREATMENT

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]
   
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]

   
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.

   
 

[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.

 MENTAL HEALTH ISSUES

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

   
16. If I have thoughts about suicide, who can I talk to?

Call 1-800-Suicide. You can also call 911.
   
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.
   
 

[13] See Md. Code Ann., Health Gen. §20-104.
[14] See Md. Code Ann., Health Gen. §20-104.

 HEALTH RECORDS/PRIVACY

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]

   
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.

   
  [15] See Md. Code Ann., Health Gen. §20-102.

 TATTOOS/BODY PIERCING/BLOOD DONATION

20. Am I required to get my parents' consent to get a tattoo?

Yes.[16]

   
21. Am I required to get my parents' consent to get a body piercing?

Yes.[17]

   
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

23. Am I required to get my parents' consent to go to a rehab facility?

Yes.

   
24. Am I required to get my parents' consent to attend Alcoholics Anonymous?

No.

   
25. Am I required to get my parents' consent to attend Narcotics Anonymous?

No.

  Additional information on substance abuse.
  For additional information about specific health concerns, click here:
http://www.focusas.com/HealthInfoNumbers.htm
   
 

[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.



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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