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State Law Variation Regarding Informed Consent for Sexual Assault Medical Forensic Exams With Adolescents
Connie Gao1, Katherine Drabiak2
1Morsani College of Medicine, USF Health, Tampa, FL.
Background:
Several states have amended their laws relating to a minor's ability to consent to medical forensic exams after sexual assault.
Aim:
To identify state-by-state legal differences of who may provide informed consent for forensic medical exams with adolescent patients following sexual assault.
Methods:
A search of all 50 states using the legal database Westlaw for state statutes pertaining to who may provide consent for sexual assault medical forensic exams on minors.
Results:
Unless stated as an exception, parental consent remains a prerequisite for minors to undergo medical forensic exams and medical treatment following a sexual assault. Fourteen states have an exception that allows minors to obtain sexual assault medical forensic exams without parental consent, while twenty-eight states do not have an exception (require parental consent).
Discussion:
Legislative divergence across states highlights the importance of health care providers to remain current on their state's requirements.
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