2006 Code of Virginia § 54.1-2969 - Authority to consent to surgical and medical treatment of certain minors

54.1-2969. Authority to consent to surgical and medical treatment ofcertain minors.

A. Whenever any minor who has been separated from the custody of his parentor guardian is in need of surgical or medical treatment, authoritycommensurate with that of a parent in like cases is conferred, for thepurpose of giving consent to such surgical or medical treatment, as follows:

1. Upon judges with respect to minors whose custody is within the control oftheir respective courts.

2. Upon local directors of social services or their designees with respect to(i) minors who are committed to the care and custody of the local board bycourts of competent jurisdiction, (ii) minors who are taken into custodypursuant to 63.2-1517, and (iii) minors who are entrusted to the localboard by the parent, parents or guardian, when the consent of the parent orguardian cannot be obtained immediately and, in the absence of such consent,a court order for such treatment cannot be obtained immediately.

3. Upon the Director of the Department of Corrections or the Director of theDepartment of Juvenile Justice or his designees with respect to any minor whois sentenced or committed to his custody.

4. Upon the principal executive officers of state institutions with respectto the wards of such institutions.

5. Upon the principal executive officer of any other institution or agencylegally qualified to receive minors for care and maintenance separated fromtheir parents or guardians, with respect to any minor whose custody is withinthe control of such institution or agency.

6. Upon any person standing in loco parentis, or upon a conservator orcustodian for his ward or other charge under disability.

B. Whenever the consent of the parent or guardian of any minor who is in needof surgical or medical treatment is unobtainable because such parent orguardian is not a resident of the Commonwealth or his whereabouts is unknownor he cannot be consulted with promptness reasonable under the circumstances,authority commensurate with that of a parent in like cases is conferred, forthe purpose of giving consent to such surgical or medical treatment, uponjudges of juvenile and domestic relations district courts.

C. Whenever delay in providing medical or surgical treatment to a minor mayadversely affect such minor's recovery and no person authorized in thissection to consent to such treatment for such minor is available within areasonable time under the circumstances, no liability shall be imposed uponqualified emergency medical services personnel as defined in 32.1-111.1 atthe scene of an accident, fire or other emergency, a licensed healthprofessional, or a licensed hospital by reason of lack of consent to suchmedical or surgical treatment. However, in the case of a minor 14 years ofage or older who is physically capable of giving consent, such consent shallbe obtained first.

D. Whenever delay in providing transportation to a minor from the scene of anaccident, fire or other emergency prior to hospital admission may adverselyaffect such minor's recovery and no person authorized in this section toconsent to such transportation for such minor is available within areasonable time under the circumstances, no liability shall be imposed uponemergency medical services personnel as defined in 32.1-111.1, by reason oflack of consent to such transportation. However, in the case of a minor 14years of age or older who is physically capable of giving consent, suchconsent shall be obtained first.

E. A minor shall be deemed an adult for the purpose of consenting to:

1. Medical or health services needed to determine the presence of or to treatvenereal disease or any infectious or contagious disease that the State Boardof Health requires to be reported;

2. Medical or health services required in case of birth control, pregnancy orfamily planning except for the purposes of sexual sterilization;

3. Medical or health services needed in the case of outpatient care,treatment or rehabilitation for substance abuse as defined in 37.2-100; or

4. Medical or health services needed in the case of outpatient care,treatment or rehabilitation for mental illness or emotional disturbance.

A minor shall also be deemed an adult for the purpose of accessing orauthorizing the disclosure of medical records related to subdivisions 1through 4.

F. Except for the purposes of sexual sterilization, any minor who is or hasbeen married shall be deemed an adult for the purpose of giving consent tosurgical and medical treatment.

G. A pregnant minor shall be deemed an adult for the sole purpose of givingconsent for herself and her child to surgical and medical treatment relatingto the delivery of her child when such surgical or medical treatment isprovided during the delivery of the child or the duration of the hospitaladmission for such delivery; thereafter, the minor mother of such child shallalso be deemed an adult for the purpose of giving consent to surgical andmedical treatment for her child.

H. Any minor 17 years of age may, with the consent of a parent or legalguardian, consent to donate blood and may donate blood if such minor meetsdonor eligibility requirements. However, parental consent to donate blood byany minor 17 years of age shall not be required if such minor receives noconsideration for his blood donation and the procurer of the blood is anonprofit, voluntary organization.

I. Any judge, local director of social services, Director of the Departmentof Corrections, Director of the Department of Juvenile Justice, or principalexecutive officer of any state or other institution or agency who consents tosurgical or medical treatment of a minor in accordance with this sectionshall make a reasonable effort to notify the minor's parent or guardian ofsuch action as soon as practicable.

J. Nothing in subsection G shall be construed to permit a minor to consent toan abortion without complying with 16.1-241.

K. Nothing in subsection E shall prevent a parent, legal guardian or personstanding in loco parentis from obtaining (i) the results of a minor'snondiagnostic drug test when the minor is not receiving care, treatment orrehabilitation for substance abuse as defined in 37.2-100 or (ii) a minor'sother health records, except when the minor's treating physician or theminor's treating clinical psychologist has determined, in the exercise of hisprofessional judgment, that the disclosure of health records to the parent,legal guardian, or person standing in loco parentis would be reasonablylikely to cause substantial harm to the minor or another person pursuant tosubsection 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, c. 720; 1981, cc. 22, 454, 573; 1984, c.72; 1988, c. 765; 1989, c. 733; 1999, c. 1001; 2000, c. 798; 2002, cc. 315,747; 2005, cc. 181, 227.)