1. All states require minors to attend school until a certain age, beyond which the young person or, in a few states, the parents may decide whether the minor will stay in school

2. Minor must be at least 12.

3. State officially classifies HIV/AIDS as an STD or infectious disease, for which minors may consent to testing and treatment.

4. Doctor may notify parents.

5. Minor must be a high school graduate, married, pregnant or a parent, or, in AL, at least 14.

6. Minor must be at least 16.

7. Minor may consent if a parent; also if married in DE, KY, ME, MD, MN, MS, MO and NV; also if married or pregnant in CO, FL, IL, MA, MT, NJ, NY and OK.

8. Law has been blocked by court action.

9. Law does not distinguish between minor and adult parents.

10. Excludes abortion.

11. Includes surgery.

12. Any minor who is mature enough to understand the nature and consequences of the proposed medical or surgical treatment may consent.

13. Involvement of both parents is required.

14. Minor may not drop out.

15. Minor parent must have a court-appointed guardian.

16. Law explicitly authorizes minor to consent to HIV testing and/or treatment.

17. Law does not apply to HIV treatment.

18. Minor may consent if has a child or doctor believes minor would suffer "probable" health hazard if services not provided; in IL also if minor is referred by doctor, clergyman or Planned Parenthood clinic; in CO and MS also if minor is referred by a doctor, clergyman, family planning clinic, school of higher education or state agency.

19. Minor must be at least 15.

20. Applies to minors younger than age 16.

21. Includes an alternative to parental involvement or judicial bypass. In MD the law provides for a physician bypass but does not have a judicial bypass.

22. A minor who is pregnant or, in DE, FL, GA, IN, MD and OK, has a child may marry without parental consent; in FL, KY and OK, the marriage must be authorized by a court; in IN and MD a minor must be at least 15.

23. Minor must be at least 13.

24. Minor must be at least 14.

25. Excludes surgery.

26. Minor may drop out if employed and in MA, MO and NE is 14, in HI is 15, in MA also if has completed the 6th grade; in NE also if has completed the 8th grade. Otherwise a minor may drop out at 16 in these states.

27. Minors need judicial authorization.

28. The state's medical consent statutes allow "any person of ordinary intelligence and awareness" to consent to hospital, medical, surgical or dental care. Although a later section authorizes parents to consent for a minor child, the attorney general's office "frequently" interprets the law as authorizing minors to consent. (R. Hardin, deputy attorney general, personal communication to P. Donovan, AGI, Oct. 22, 1990, reconfirmed to E. Nash, AGI, by R. Hardin, July 19, 2000.)

29. A revised law that requires parental consent is currently not in effect; meanwhile, the parental notification requirements remain in effect.

30. Minor may drop out of school before reaching age 16 if employed.

31. Parent must be notified if HIV test is positive.

32. A court may allow a minor to drop out.

33. Minor may consent if parent is not "available" or in the case of general medical care "not immediately available."

34. Minor must be at least 17.

35. Court may waive parental consent if the minor is "sufficiently mature and well informed" or the adoption is in the child's best interest.

36. The state funds a statewide program that gives minors access to confidential contraceptive care.

37. Minor may consent if found drug-dependent by two doctors; bars consent to methadone maintenance therapy.

38. Parents must be notified if either party is younger than age 21; however, female minors at least 15 and male minors at least 17 may marry without parental consent.

39. Minor must be at least 16 or have completed 8th grade, whichever occurs later.

40. After eighth grade, court determines whether the minor or the parents can make the decision.

41. Court may require the consent of a minor parent's parent.

42. Minor may consent to pregnancy testing and diagnosis.

43. Law allows minors to consent when parent or guardian is not "immediately available."

44. Parent must be shown the informed consent form for an HIV test before the minor signs it.

45. Minor may consent if she has ever been pregnant.

46. Minor must prove to the school board that the minor has acquired "equivalent knowledge" of the high school courses, or consent may be granted by the state school board for minors 16 and 17 who are employed.

47. Any minor 16 and older may consent to any health service other than operations. Health services may be rendered to minors of any age without parental consent when the provider believes the services are necessary.

48. Applies to minors younger than age 17.

49. Minor who has completed 8th grade may seek court authorization to drop out to work.

50. State funds may not be used to provide minors with confidential contraceptive services.

51. Minors 14­18 may petition court for permission to marry.

52. Law does not include a judicial bypass.

53. Minor must be at least 16, have completed 10th grade or be excused by the superintendent.

54. Providers rely on State v. Koome, which held that minors have the same constitutional rights as adults, to provide confidential contraceptive services and prenatal care to minors.

55. Minor must be at least 16 and have completed 10th grade.

Article: Minors and the Right to Consent to Health Care

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