Citation

Thompson HA. Tex. Med. 1989; 85(8): 56-59.

Copyright

(Copyright © 1989, Texas Medical Assn)

DOI

unavailable

PMID

2763219

Abstract

Texas State law concerning consent requirements for medical treatment of minors is reviewed, both explicit statutes and inferred situations, specifically prescription contraception and abortion. Parental consent is defined as consent of only 1 parent or the parent with custody during the week (sole managing conservator), or the possessory conservator in emergencies. When the parent cannot be contacted, a grandparent, adult sibling, aunt or uncle, education institution, adult with written authorization to consent, court, or the Texas Youth Commission, may consent. Minors may give consent if they are in the military, at least 16 years old and emancipated, or if the consent is for diagnosis and treatment of a reportable disease, sexually transmitted disease, for treatment (other than abortion) of pregnancy, suicide prevention or chemical addiction. The consequences of the Roe v Wade decision are summarized. This decision implies that in Texas a physician who performs and abortion on an unemancipated minor who is mature and informed will probably not be held liable for civil damages to the minor's parents, unless the court decides that she is not mature and well informed. In Carey v Population Services International, the Supreme Court struck down a New York statute that made sale of nonprescription contraceptives to a minor criminal. By extension, since a minor can probably consent to abortion, Texas physicians should be able to prescribe contraceptives to a mature and well informed minor. The privacy and physician-patient relationship of the minor should be protected in such situation.

Language: en