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Youth Health Law

The Maryland Court of Appeals has held that medical care is the responsibility of the parent. This article outlines some rights in regard to minors.

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In Maryland, parents are responsible for their children's support, care, nurture, welfare, and education. The Supreme Court of Maryland (formerly the Court of Appeals) has held that medical care is one of these parental responsibilities. You are not presumed to be able to consent to your own medical treatment. This article discusses situations where you can consent to medical treatment and situations in which your parents must be notified prior to treatment being administered. The article also covers some other common age-related questions.

 

When can a minor consent for medical care?

Maryland law allows you to consent to your own medical or dental care if:

  1. you are married, the parent of a child, or living separate and apart from your parents and self-supporting, or
  2. the consent is for specific types of treatments or advice.
    • You may consent to treatment or advice for substance abuse, sexually transmitted infections, contraception (not including sterilization), and pregnancy.

If your parents are unavailable, you can consent to medical treatment in an emergency. If a doctor believes that delaying treatment to obtain parental consent would adversely affect your life or health, you can consent to treatment.

When you can consent to treatment, you can also choose the doctor who will provide the treatment. For a non-emergency situation, the parents should sign a legal document called a Health Care Authorization, designating who has the right to make decisions regarding the minor child's health care.

Read the Law: Md. Code, Health-General § 20-102
 

Can a relative providing informal kinship care provide consent for medical care?

A relative providing you with living arrangements, care, and custody due to serious family hardship may consent to your medical care. This is known as "informal kinship care." 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. 

For a relative providing kinship care to give consent to medical treatment, the following criteria must be met:

  1. a court has not appointed a guardian for you or awarded custody of you to someone else, and 
  2. the relative must verify that "informal kinship care" exists between you and the relative.

Verifying the informal kinship care relationship involves filing an affidavit with the Department of Human Services, Social Services Administration. The affidavit is titled “Consent for Healthcare Affidavit.” To receive this form, contact your local health department or your local Department of Social Services.

For more information, visit the DHR page on Maryland Kinship Care Services.

Read the Law: Md. Code, Health-General § 20-105
 

Can a minor consent to plastic surgery procedures (e.g., breast implants, liposuction)?

These are elective surgeries. Under Maryland law, you must have your parent's consent to have elective surgery performed.
 

Can a minor consent to medical treatment related to rape or sexual assault?

Maryland law allows a minor to consent to medical screening or physical examination to obtain evidence and treat injuries related to an alleged rape or sexual offense.

If you are raped or sexually assaulted, you should call 911 or go to the nearest hospital as soon as possible. 

You can also call 1-800-656-HOPE(4673) or visit the RAINN Get Help page. The Maryland Coalition Against Sexual Assault (301-328-7023) is another helpful local resource.

Read the Law: Md. Code, Health-General § 20-102(c)

 
Can I get an abortion without notifying my parents?

If you are a minor and you are not married, a doctor may not perform an abortion without first notifying your parents. However, the doctor may perform an abortion without informing your parents under the following circumstances:

  • If you do not live with your parents and,
  • the doctor's reasonable attempts to notify your parents have failed.

A doctor can also perform an abortion if, in their professional judgment:

  • notifying your parents/guardian might lead to physical or emotional abuse;
  • you are mature and capable of giving informed consent; or
  • 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 parent's knowledge or consent. 

Read the Law: Md. Code, Health-General § 20-103

 

Can my parents force me to give up my baby for adoption?

No. If you have a child, you are considered an adult for purposes of consenting to medical treatment. If you have questions about adoption, call 1-800-TO ADOPT or 1-800-862-3678 or see Planned Parenthood's information on adoption. Read more about the Maryland Children's Health Program (MCHP) and find the most recent income guidelines.

 

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. The Maryland Children's Health Program (MCHP) provides 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 provides health care coverage to pregnant women of any age whose income is at or below 250% of the federal poverty level. 

Your local health department can provide you with more information on whether you qualify under the MCHP or other programs. You can find out more about the program at the Family Health Administration's Maternal and Perinatal Health Program website. You can also call the toll-free Maternal and Child Health Hotline at 1-800-456-8900. The Hotline assists pregnant women seeking prenatal care.

 

Can I get birth control or buy condoms without my parent's knowledge or consent? If so, how?

Yes. You should contact your local health department for information on obtaining contraceptive medications or devices, such as birth control pills, intrauterine devices, spermicides, diaphragms, and subdermal contraceptives. Condoms are sold over the counter and are available in most drug stores. Your local health department can provide information about contraceptive devices' uses and functions and any associated risks.

Read the Law: Md. Code, Health-General § 20-102

Can I see a doctor and get tested and/or treated for an STD without my parent's knowledge or consent?

Yes. A minor has the same capacity as an adult to consent to treatment for or advice about sexually transmitted diseases. You should contact your local health department for information about getting tested and/or treated for a sexually transmitted disease.

Read the Law: Md. Code, Health-General § 20-102

 
If my parents abuse me and injure me, what should I do? Where can I go for treatment?

Under these circumstances, the first priority is to obtain treatment for your physical and/or mental health. If you have physical injuries, you should contact your local health department and your local Child Protective Services department within the Department of Social Services.

You can also call 1-800-656-HOPE or 1-800-656-4673 to talk with someone about child abuse, rape, or incest. There is also an Online Hotline. Of course, if your injuries are serious or you fear for your life, you should call 911.
 

Can I get counseling or other therapy without my parent’s 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 12 years of age or older, you do not have to obtain your parent’s consent for consultation, diagnosis, and treatment of a mental or emotional disorder. Your consent to treatment is conditional on the healthcare provider’s determination that you are mature and capable of providing informed consent. While the health care provider does not have to, they can inform your parents about your treatment.

While you can consent to mental health treatment without your parent's consent, if your parents have given consent to consultation, diagnosis, or treatment, you cannot refuse. Additionally, if you are under 16, your ability to consent does not include consent to the use of prescription medications to treat a mental or emotional disorder. Your parent's consent would be needed for any prescription medications.

Read the Law: Md. Code, Health-General § 20-104

 

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

Call 988 or visit Maryland 988 online. 

 

Can my parents admit me into a hospital or other mental health treatment program against my will?

Your parents/guardian can apply to "involuntarily admit" you to a mental health institution for treatment, provided you meet all of the following criteria:

  • You have a mental disorder;
  • You need inpatient care or treatment;
  • You present a danger to the life or safety of yourself or someone else;
  • You are unable or unwilling to be admitted voluntarily; and
  • There is no available, less restrictive intervention that can be done to protect you.

Read the Law: Md. Code, Health-General §§ 10-613 – 10-619
 

Health Records and Privacy

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 the treatment needed by or provided to a minor unless the treatment relates to abortion.

Read the Law: Md. Code, Health-General §§ 20-101 - 106
 

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

Yes. Maryland Regulations require tattoo parlors to obtain the consent of a minor’s parent or guardian before performing a procedure.

Read the Regulations: Code of Md. Regulations, 10.06.01.06

 

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

Yes. Maryland Regulations require individuals who perform piercing services to obtain the consent of a minor’s parent or guardian before performing a procedure.

Read the Regulations: Code of Md. Regulations, 10.06.01.06

 

Can I donate blood without my parent's consent?

If you are at least 17 years old, you may donate blood without your parents’ consent. The program must be voluntary, not pay you for the donation, and approved by the American Association of Blood Banks or the American Red Cross.

Read the Law: Md. Code, Health-General §20–101

 

When can I drink?

If you want to purchase, drink, or hold alcohol in Maryland, you have to be 21. Maryland does allow you to transport alcohol (for a lawful purpose) if your parents know and consent to it or if you are doing it for your job. You still cannot drink it, though.

 

When can I smoke?

In Maryland, the legal age at which you can purchase or possess tobacco products is 21. 
Tobacco products include:

  • cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus;
  • electronic smoking devices; and,
  • filters, rolling papers, pipes, and liquids used in electronic smoking devices regardless of nicotine content.

You also cannot receive coupons for tobacco products.

NOTE: Clove cigarettes are illegal in Maryland.

 

What about marijuana or cannabis?

As of  July 1, 2023, possession and use of small amounts of cannabis and cannabis products is legal for individuals over the age of 21. Possession and use of cannabis by individuals under 21 is still illegal. If you receive a citation for possession, the court will summon you for trial and may order drug treatment.  Under the new law, marijuana is now referred to as cannabis. Learn more about Recreational Cannabis Use and Possession in Maryland.

Read the Law: Md. Code, Criminal Law § 5-601.1

 

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