Consent requirements for treatment of minors

The American Academy of Family Physicians, the American Academy of Pediatrics, the American College of Obstetricians and Gynecologists, the Nurses Association of the American College of Obstetricians and Gynecologists, and the National Medical Association recently released guidelines aimed at protecting the privacy of adolescent patients. The organizations stated that, in many cases, young people will not confide in health professionals if the young people feel that these discussions will be reported to their parents. Ultimately, the organizations said, health risks to adolescents are so impelling that legal barriers and deference to parental involvement should not stand in the way of needed health care. In Texas there is a statute regarding consent for medical treatment of minors, which responds to the above organizations' concerns about confidentially treating children for substance abuse, sexually transmitted diseases, and suicide prevention. However, the statute is silent in regard to medical treatment involving prescription contraceptives. By negative inference, the statute would preclude a minor on her own from making a decision about abortion. This article examines Texas statutes dealing with consent for medical treatment for minors and discusses US Supreme Court decisions on a minor's rights to abortions and contraceptives.