How Does Informed Consent Apply to Minors for Healthcare?

Informed consent is an important concept in healthcare fields. For minors, this usually means their guardian manages this education and decisions, but the guidelines may not always be clear regarding who is in charge of which decisions. If you have concerns about the treatment your provider gave and whether or not you or your child consented, it’s important to remember that you have the power to seek legal advice. Our knowledgeable Portland medical malpractice lawyer with Paulson Coletti Trial Attorneys is here to help you navigate these complex issues.

What is informed consent in Oregon?

Informed consent, in Oregon, refers to a patient’s reasonable understanding of their medical situation and treatment options. The Oregon Medical Board states that the patient must be adequately advised of:

In most cases, the provider may give these explanations verbally or provide them to the patient in writing. The provider must also allow the patient to ask questions or request more in-depth explanations and then provide the requested information. If the patient is unable to consent for themselves, consent is collected from their legal representative.

How Does Oregon Define a Minor Regarding Consent in Healthcare?

In Oregon, the designation of a minor is the same as anywhere else in the United States. You are a minor if you are under 18 unless you are emancipated or married, at which point you are an adult. Oregon law provides some exceptions to this in specific circumstances. There are a variety of services that a minor may consent to on their own without parental consent while still under the age of 18 or considered a minor.

When Can a Minor Consent to Their Own Healthcare?

Different types of services may have different age requirements for consent. In a pamphlet about understanding minor consent and confidentiality in health care in Oregon, the Department of Human Services (DHS) explains some of the services a minor may obtain without their legal guardian’s consent. There are always exceptions, but general guidelines state that minors may access and consent to their healthcare in the situations below.

General Medical Care

When care is administered by a licensed physician or nurse practitioner acting within their scope, a minor may seek and consent to services such as hospital care and medical or surgical diagnoses. They may also have access to dental care from a dentist licensed by the Oregon Board of Dentistry. A minor may also access care from a licensed optometrist as long as it is not necessary to obtain contact lenses for the first time. These guidelines are under ORS 109.640.

Behavioral Health Treatment and Addiction Treatment

In the state of Oregon, mental health and drug and alcohol addiction services may be available to minors at the age of 14 without guardian consent. As outlined in ORS 109.675, this may include outpatient therapy or medication services from a psychiatrist, except methadone treatment. The statute also requires that the provider include the parents in treatment unless it is contraindicated for reasons determined by the provider.

Reproductive Health

A minor of any age may access some reproductive healthcare services. This may include services for STI assessment and treatment, prenatal, postnatal, or delivery services, as well as contraception. Reproductive health services regarding abortion or elective sterilization procedures may require additional steps for consent as laid out in ORS 109.640.

The Value of Informed Consent for Minors in Healthcare

Informed consent is a valued act in healthcare, and that is supported by the multiple informed consent clauses in professional ethical standards across fields of healthcare. Allowing your patients to understand their care empowers them to make informed choices for themselves and opens a dialogue that may not otherwise be there. Allowing minors to seek out medical care on their own increases accessibility to needed services. When there is a standard of informed consent, it also empowers our kids to think critically about their decisions and what is best for them.