Revision 09-4; Effective December 1, 2009
A parent is the personal representative for a minor child except when:
- the minor child can consent to medical treatment by himself or herself. Under these circumstances, do not disclose to a parent information about the medical treatment to which the minor child can consent. A minor child can consent to medical treatment by himself or herself when the:
- minor is on active duty with the U.S. military;
- minor is age 16 or older, lives separately from the parents and manages his own financial affairs;
- consent involves diagnosis and treatment of a disease that must be reported to a local health officer or the Texas Department of State Health Services (DSHS);
- minor is unmarried and pregnant and the treatment (other than abortion) relates to the pregnancy;
- minor is age 16 years or older and the consent involves examination and treatment for drug or chemical addiction, dependency or use at a treatment facility licensed by DSHS;
- consent involves examination and treatment for drug or chemical addiction, dependency or use by a physician or counselor at a location other than a treatment facility licensed by DSHS;
- minor is unmarried, is the parent of a child, has actual custody of the child and consents to treatment for the child; or
- consent involves suicide prevention or sexual, physical or emotional abuse; and
- a court is making health care decisions for the minor child or has given the authority to make health care decisions for the minor child to an adult other than a parent or to the minor child. Under these circumstances, do not disclose to a parent information about the health care decisions not made by the parent.