Montana Code 41-1-402. Validity of consent of minor for health services
41-1-402. Validity of consent of minor for health services. (1) This part does not limit the right of an emancipated minor to consent to the provision of health services or to control access to protected health care information under applicable law.
Terms Used In Montana Code 41-1-402
- Emancipated minor: means an individual under 18 years of age who:
(a)is or has been married;
(b)is separated from the individual's parent, parents, or legal guardian and is self-supporting; or
(c)has been granted the right to consent to medical treatment pursuant to an order of limited emancipation granted by a court pursuant to 41-3-438. See Montana Code 41-1-401
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Health care facility: has the meaning provided in 50-5-101. See Montana Code 41-1-401
- Health professional: includes only those persons licensed in Montana as physicians, psychiatrists, psychologists, advanced practice registered nurses, dentists, physician assistants, professional counselors, or social workers. See Montana Code 41-1-401
(2)The consent to the provision of health services and to control access to protected health care information by a health care facility or to the performance of health services by a health professional may be given by a minor when the health professional, in good faith and with a reasonable belief supported by fact, determines that the minor meets any of the following descriptions:
(a)the minor professes to be or to have been married or to have had a child or to have graduated from high school;
(b)the minor professes to be or is found to be separated from the minor’s parent, parents, or legal guardian for whatever reason and is providing self-support by whatever means;
(c)the minor professes or is found to be pregnant or afflicted with any reportable communicable disease, including a sexually transmitted disease, or drug and substance abuse, including alcohol. This self-consent applies only to the prevention, diagnosis, and treatment of those conditions specified in this subsection (2)(c). The self-consent in the case of pregnancy, a sexually transmitted disease, or drug and substance abuse also obliges the health professional, if the health professional accepts the responsibility for treatment, to counsel the minor or to refer the minor to another health professional for counseling.
(d)the minor needs emergency care, including transfusions, necessary to prevent serious injury or harm to the minor. If emergency care is rendered, the parent, parents, or legal guardian must be informed as soon as practical except under the circumstances mentioned in this subsection (2).
(3)A minor who has had a child may give effective consent to health service for the child.
(4)A minor may give consent for health care for the minor’s spouse if the spouse is unable to give consent by reason of physical or mental incapacity.