Question about permits and age!

angel03 · Sep 2, 2004

Can anyone tell me where to look to find the legal age a person can sign to have his/her own surgery? I understand that if a woman is under 18 years of age she can have some procedures/surgery and sign for herself if it is related to the fetus. Is this true? If so what about other procedures? Lapcholes, ect... Does being pregnant mean you are automatically an adult?
Anyone have any ideas or where to find this information?
Thanks
dianne

Under age ..emacipated minor...if the girl is pregnant or has a child is considered to be an emacipated minor able able to sign for herself

elkpark · Sep 2, 2004

angel03 -- that may be true in your state, but it varies from state to state. Federal law permits minors to make decisions/choices about reproduction (e.g., getting Rx birth control or terminating a pregnancy) without having parental consent, but some states have passed laws requiring parental consent for those types of procedures (typically with a loophole re: going before a judge to bypass parents -- otherwise the laws get overturned by the courts).

I've practiced in child psych in a few different states and have never heard of a girl automatically becoming emancipated because she is pregnant.

NurseDianne, if you really need to know for sure, the legal department of your hospital/facility can tell you what the requirements are in your state.

Katnip, RN · Sep 2, 2004

In Maryland, a pregnant minor is considered emancipated and can sign her own consents. HOWEVER once she gives birth, she comes under her parents' jurisdicition and reverts back to needing them to sign for her. But she still retains the right to sign for her child.

Way back when we lived in VA, a pregnant minor could be forced to have an abortion by her parents. Not sure if that's changed by now or not.

purplemania, BSN, RN · Sep 2, 2004

your facility probably has an attorney on retainer. At the very least, there are attorneys associated with the malpractice and Liability Insurance company the facility contracts. Your Director ought to be able to get this info from one of them.

SuperSGirl · Oct 9, 2004

In Oklahoma, any person under the age of 18 who has either been pregnant, is pregnant, or has been treated for drug abuse is emancipated and can sign their own permit. This includes if they have had a miscarriage or an abortion prior, they don't necessarily have to give birth.

If no parent is available and the situation is an emergency, you have to obtain a court order. Your hospital attorney should know the answer and you should be able to find it at your local library or online.

DNRme · Oct 17, 2004

A court order? How long does that take? Working in a trauma center, we do what we have to do. It is considered implied consent once the pt. is brought to the hospital. How do you get court orders on weekends, nights, etc?

shodobe · Oct 17, 2004

In California if a surgeon deems it a life or death situation, they can note it in the progress notes that surgery is necessary. Also if it is in the best interest of the patient and delaying surgery can do more harm than good, and if no relatives can be found. All hospitals should have a "Consent Handbook" in the department, ours is about 8 inches thick, because the OR will be the answer all department when it comes to consents. Most consents are very easy once you know the basics, but every state is different so probably JACHO would be a good place to start. Good luck, Mike