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Difference between revisions of "Children and Consent to Medical Care (Script 422)"
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Children and Consent to Medical Care (Script 422) (view source)
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{{Dial-A-Law TOC|expanded = health}} | {{Dial-A-Law TOC|expanded = health}} | ||
==Can children consent to—or | ==Can children consent to—or refuse—health care?== | ||
Yes, [http://www.bclaws.ca/Recon/document/ID/freeside/00_96223_01#section17 section 17] of the BC ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96223_01 Infants Act]'' says that children (anyone under 19 years old) can consent (or agree) to their own medical care—'''if they are capable'''. A situation that involves just a doctor and a child patient under 19 years old can expand to include the child’s parents, plus a court and lawyers, if there are disagreements over the child’s best interests. It can also include the Ministry of Children and Family Development if there are concerns about the child’s welfare. | Yes, [http://www.bclaws.ca/Recon/document/ID/freeside/00_96223_01#section17 section 17] of the BC ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96223_01 Infants Act]'' says that children (anyone under 19 years old) can consent (or agree) to their own medical care—'''if they are capable'''. A situation that involves just a doctor and a child patient under 19 years old can expand to include the child’s parents, plus a court and lawyers, if there are disagreements over the child’s best interests. It can also include the Ministry of Children and Family Development if there are concerns about the child’s welfare. | ||
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No—not if they are capable. They can consent to their own medical care, without the consent or knowledge of their parents or guardians. Capable children can normally get medical treatment for things like birth control, abortion, mental health problems, sexually transmitted diseases, and alcohol and drug addiction problems. | No—not if they are capable. They can consent to their own medical care, without the consent or knowledge of their parents or guardians. Capable children can normally get medical treatment for things like birth control, abortion, mental health problems, sexually transmitted diseases, and alcohol and drug addiction problems. | ||
==Is a child’s | ==Is a child’s health care confidential?== | ||
A doctor or healthcare provider can’t talk with the parents or guardian about a capable child’s medical care, unless the child agrees. Just as doctors must keep information about their adult patients confidential, they must also keep information about their capable child patients confidential. | A doctor or healthcare provider can’t talk with the parents or guardian about a capable child’s medical care, unless the child agrees. Just as doctors must keep information about their adult patients confidential, they must also keep information about their capable child patients confidential. | ||
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For more information on patient confidentiality, check script [[Getting Your Medical Records (Script 421)|421]], called “Getting Your Medical Records.” | For more information on patient confidentiality, check script [[Getting Your Medical Records (Script 421)|421]], called “Getting Your Medical Records.” | ||
==Does | ==Does health care have to be in the child’s best interest?== | ||
Yes, capable children can consent to medical care only if it is in their best interest. If there is any disagreement about what a child’s best interest is, the people involved may have to see a lawyer and consider going to court. If a capable child refuses health care that two doctors say is necessary to preserve the child’s life or health, under [http://www.bclaws.ca/Recon/document/ID/freeside/00_96046_01#section29 section 29] of the ''[http://www.bclaws.ca/Recon/document/ID/freeside/00_96046_01 Child, Family and Community Service Act]'', the Director of Child Protection can ask a court to overrule the child’s refusal. More information is available from the Ministry. In Victoria, call 250.387.7027. Elsewhere in BC, call 1.877.387.7027. Or see the [http://www.bclaws.ca/Recon/document/ID/freeside/00_96046_01 ministry website]. More information is also available on the [http://www.familylaw.lss.bc.ca/ Legal Services Society Family Law website]. | Yes, capable children can consent to medical care only if it is in their best interest. If there is any disagreement about what a child’s best interest is, the people involved may have to see a lawyer and consider going to court. If a capable child refuses health care that two doctors say is necessary to preserve the child’s life or health, under [http://www.bclaws.ca/Recon/document/ID/freeside/00_96046_01#section29 section 29] of the ''[http://www.bclaws.ca/Recon/document/ID/freeside/00_96046_01 Child, Family and Community Service Act]'', the Director of Child Protection can ask a court to overrule the child’s refusal. More information is available from the Ministry. In Victoria, call 250.387.7027. Elsewhere in BC, call 1.877.387.7027. Or see the [http://www.bclaws.ca/Recon/document/ID/freeside/00_96046_01 ministry website]. More information is also available on the [http://www.familylaw.lss.bc.ca/ Legal Services Society Family Law website]. | ||
==Is consent to | ==Is consent to health care needed in a medical emergency?== | ||
Consent to | Consent to health care in a medical emergency may not be needed to treat a child or an adult—it depends on the situation. If a person’s life or health is seriously threatened, and it appears that the person isn’t capable of making healthcare decisions, healthcare providers may be able to treat the person without consent. Because they are dealing with a medical emergency, they may be able do whatever is necessary to try and save the person’s life or health. | ||
Refusing medical treatment in an emergency raises complex legal questions. Parents and capable children who want to refuse certain treatments in an emergency need legal advice. | Refusing medical treatment in an emergency raises complex legal questions. Parents and capable children who want to refuse certain treatments in an emergency need legal advice. | ||
Check script [[Children's Rights (Script 238)|238]], called “Children’s Rights” for general information on the rights that children have in several areas other than | Check script [[Children's Rights (Script 238)|238]], called “Children’s Rights” for general information on the rights that children have in several areas other than health care. | ||
[updated | [updated April 2016] | ||
