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214.185 Diagnosis and treatment of disease, addictions, or other conditions
of minor.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Any physician, upon consultation by a minor as a patient, with the consent of
such minor may make a diagnostic examination for venereal disease,
pregnancy, alcohol or other drug abuse or addiction and may advise, prescribe
for, and treat such minor regarding venereal disease, alcohol and other drug
abuse or addiction, contraception, pregnancy, or childbirth, all without the
consent of or notification to the parent, parents, or guardian of such minor
patient, or to any other person having custody of such minor patient. Treatment
under this section does not include inducing of an abortion or performance of a
sterilization operation. In any such case, the physician shall incur no civil or
criminal liability by reason of having made such diagnostic examination or
rendered such treatment, but such immunity shall not apply to any negligent
acts or omissions.
Any physician may provide outpatient mental health counseling to any child
age sixteen (16) or older upon request of such child without the consent of a
parent, parents, or guardian of such child.
Notwithstanding any other provision of the law, and without limiting cases in
which consent may be otherwise obtained or is not required, any emancipated
minor or any minor who has contracted a lawful marriage or borne a child may
give consent to the furnishing of hospital, medical, dental, or surgical care to
his or her child or himself or herself and such consent shall not be subject to
disaffirmance because of minority. The consent of the parent or parents of
such married or emancipated minor shall not be necessary in order to authorize
such care. For the purpose of this section only, a subsequent judgment of
annulment of marriage or judgment of divorce shall not deprive the minor of his
adult status once obtained. The provider of care may look only to the minor or
spouse for payment for services under this section unless other persons
specifically agree to assume the cost.
Medical, dental, and other health services may be rendered to minors of any
age without the consent of a parent or legal guardian when, in the
professional's judgment, the risk to the minor's life or health is of such a nature
that treatment should be given without delay and the requirement of consent
would result in delay or denial of treatment.
The consent of a minor who represents that he may give effective consent for
the purpose of receiving medical, dental, or other health services but who may
not in fact do so, shall be deemed effective without the consent of the minor's
parent or legal guardian, if the person rendering the service relied in good faith
upon the representations of the minor.
The professional may inform the parent or legal guardian of the minor patient
of any treatment given or needed where, in the judgment of the professional,
informing the parent or guardian would benefit the health of the minor patient.
Except as otherwise provided in this section, parents, the Cabinet for Health
and Family Services, or any other custodian or guardian of a minor shall not be
financially responsible for services rendered under this section unless they are
essential for the preservation of the health of the minor.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 455, effective June 20, 2005. -Amended 1998 Ky. Acts ch. 426, sec. 402, effective July 15, 1998. -- Amended
1988 Ky. Acts ch. 283, sec. 2, effective July 15, 1988. -- Amended 1974 Ky.
Acts ch. 74, Art. VI, sec. 107(1) and (13). -- Amended 1972 Ky. Acts ch. 163,
paras. (1) to (6). -- Created 1970 Ky. Acts ch. 104, sec. 1.
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