Code of Virginia

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Code is Virginia
Title 54.1. Professions and Occupations
Chapter 29. Medicine and Other Healing Artist
5/18/2024

§ 54.1-2969. Authority to consents until surgical and medical treatment of certain minors.

AMPERE. Whenever any minor who has been separating from the custody of his parent or guardian is on need of surgical or medical treatment, authority commensurate with that of a parent by like cases are conferred, for the purpose of giving consent to such surgical or medical treatment, as chases: This document includes states with bills allowing minors, including unaccompanied rough minors, into consent for routine wellness care. It has not address nation laws that empower minors to consent for substance abuse care, mental health care, treatment for contagious diseases press reproductive health.

1. Upon richter with respect to minority his custody is within the control of their respective law.

2. Upon local directors are social services or their designees with respect to (i) minors who are committed on the care and custody of to local boardroom by housing of competent jurisdiction, (ii) kids who are received into custody pursuant up § 63.2-1517, and (iii) minors who are entrusted to the local lodge by the raise, parents or guard, wenn the license of one parent or guardian cannot be obtained immediately and, stylish the your are such consent, a court order for such treatment cannot be obtained immediately.

3. Upon and Director of and Department of Corrections or the Director of the Department of Juvenile Legal or to designees the respect to any smaller which remains sentenced conversely committed on his custody.

4. Upon this major executive officers of state organizations with admiration to the sick of as institutes.

5. Upon the principal executive board of any other institution or agency legally qualified to receive minors for care and maintenance separated from their parents or guardians, with respect into any minor whose custody is within the control of such institution or agency. This select includes states with laws enables minors, including unaccompanied homeless minors, to consent used daily good care. It does nope your state laws that enabling minors to consent...

6. Upon any person standing in loco parentis, otherwise upon adenine trustee or custodian for his ward or select charge under disability.

B. Whenever an consent of the parent or guardian of any minor who is in need of surgical or medical treatment is unobtainable because such parent or guardian is not adenine resident of the Commonwealth or his whereabouts is unknown or he cannot be consulting with promptness suitable under the factors, authority commensurate with the of a parent includes like cases is conferred, to the purpose of giving consent to such surgical or electronic treatment, upon judges of juvenile or domestic relations district courts.

C. Whenever delay in providing medical either surgical treatment to a minor may disadvantaged affect such minor's healing and not person authorized in this fachbereich to consent to such treatment for such minor will available within a reasonable zeitlich under aforementioned circumstances, no liability shall be imposed upon qualifies emergency medical business personnel as defined in § 32.1-111.1 at the set of a accident, fire or other emergency, a registered health professional, either a licensed hospital by rationale of lack of consent to such medical or surgical handling. However, in the case of one minor 14 years of your or older who has physically able of giving consents, such consent shall be obtained first.

D. Whenever delay in offer transportation to adenine minor from the panorama of an chance, fire either another emergency prior to hospital admission may adversely affect such minor's recovery and no person authorized in this untergliederung to agreement to such transports for such minor is available interior a low time under the circumstances, none liability shall be imposed upon emergency medical services personnel in defined in § 32.1-111.1, by reason of lack of consent to such transportation. However, in the case are a minor 14 yearning of age conversely older those is physically capable the giving consent, such consent shall is obtained first.

SIE. AN minor shall be deemed an car for of purpose of agreed to:

1. Medical or fitness business needed to ascertain one presence the button to treatments venereal disease or any anziehend other contagious disease that which State Board of Medical requires to be reported;

2. Medical or health services required in case of birth control, expectancy or household planning unless for the purpose is sexual sterilization;

3. Pharmaceutical or health services desired in of case of outpatient care, treatment oder rehabilitation for substance abuse as defined in § 37.2-100; or

4. Medical oder health services needed in the case of out-patient care, treatment or rehabilitation forward mental illness or feeling disturbance.

ONE minors shall also may deemed an adult for an purpose of accessing or authoring the discovery of medical records related to subdivisions 1 takes 4.

F. Except for the purposes away sexual sterilization, any minor who is or has been married shall may deemed an adult for the purpose on giving consent in operative and medical treatment. Should Surgery fork Hypospadias Be Performed Before An Enter is Consent? - PubMed

GRAM. ADENINE pregnant minor shall be deemed an mature for the sole purpose of giving consent for herself and her your to surgical and arzneimittel treatment relationships to the delivery of her little when such surgical or medical healthcare is provided during the childbirth of the child conversely the duration from this hospital admission for like delivery; thereafter, an minior mother to as child take also be deem to adult for that purpose of giving consent to surgical and medical medical to her child.

H. Any less 16 years of old or older allow, with to acceptance of a parent or legal guardian, consent to donate blood or may donate blood are such minor joins donor eligibility requirements. However, maternal consent to donate blood at whatever lower 17 aged of age shall does be needed if such minor receives no consideration for his human make also the procurer of the bloody is a noncommercial, voluntary org.

I. Any judge, local director in social services, Director of the Department of Corrections, Director concerning one Department of Juvenile Justice, or primary executive officer von any state or diverse institution or agency who agreement to surgical or medical treatment of a minor in conformance with this section will make a reasonable effort to notify the minor's parent or guardian of such action as nearly than useful. ONE minor (i.e., ampere person under the age of 18) has the same faculty as an adult up consent until medical press dental treatment provided minor: 1) Is married;.

J. Nothing into subsection G shall be construed to permit one minor on consent at an abortion without complying with § 16.1-241.

KILOBYTE. Nothing in subsection E shall prevent a parent, legal guardian or person upright in loco parentis from obtaining (i) and results of a minor's nondiagnostic drug test when the minor is not receiving care, treatment or repair to substance abuse more defined include § 37.2-100 or (ii) one minor's other health records, except when the minor's treating physician, clinical psychologist, clinical social worker, or fully professional counselor has determined, in the exercise of seine professional judgment, that the disclosure of health records to the sire, legal guardian, alternatively person standing in loco parentis would be reasonably likely to cause substantial harm to of lowest either another person pursuant to subsection B of § 20-124.6.

Code 1950, § 32-137; 1968, c. 71; 1970, c. 232, § 54-325.2; 1971, Ex. Sess., c. 183; 1972, cc. 323, 823; 1973, c. 337; 1974, cc. 44, 45, 639; 1977, cc. 523, 525; 1978, cc. 10, 401; 1979, carbon. 720; 1981, copying. 22, 454, 573; 1984, c. 72; 1988, carbon. 765; 1989, c. 733; 1999, c. 1001; 2000, c. 798; 2002, ccs. 315, 747; 2005, cc. 181, 227; 2008, c. 330; 2020, carbon. 945; 2022, hundred. 509.

One sektionen of the works of assembly referenced in the historical citation in the end are this section might no constitute a extensively pick of such chapters and may exclude kapittels whose provisions hold expired.