Section 3680.52. Consent to treatment

The agency shall comply with the following requirements relating to consent for medical and dental examination and treatment prior to undertaking to provide treatment or examination to a child:

(1) If the placing agency is a county children and youth social service agency, obtain consent from that agency as required by § 3130.91 (relating to consent to treatment).

(2) If the placing agency is a child’s parent or guardian:

(i) Obtain prior written consent for routine treatment from the parent or guardian. Examples of routine treatment include well baby visits, immunizations and treatment for ordinary illnesses.

(ii) Obtain consent for each instance of nonroutine treatment from the child’s parent or guardian. Examples of nonroutine treatment include nonemergency surgery, cosmetic surgery and experimental procedures or treatment.

(iii) Obtain an order of the court authorizing routine or nonroutine treatment if the child’s parent or guardian refuses, or cannot be located to provide consent.

(3) If the child is placed by an individual who, or agency—other than a county children and youth social service agency—which, has legal custody of the child under 42 Pa.C.S. § § 6301—6365 (relating to the Juvenile Act) one of the following applies:

(i) Obtain prior written consent for routine treatment from the child’s legal custodian and obtain consent for each instance of nonroutine treatment from the child’s parent or guardian.

(ii) Obtain an order of the court authorizing routine or nonroutine treatment if the child’s custodian or parent refuses, or cannot be located to provide consent.

(4) If the child requires emergency treatment, immediately take the child to a physician for treatment. In those instances it is not necessary to obtain or provide consent when, in the physician’s judgment, an attempt to secure consent would result in delay of treatment which would increase the risk to the child’s life or health.

(5) A minor may consent to medical treatment for conditions relating to drug and alcohol use, pregnancy and venereal disease and under those circumstances specified by the act of February 13, 1970 (P. L. 19, No. 10) (35 P. S. § § 10101—10105). In these instances, it is not necessary to obtain the consent of another person or the court.

(6) Under the Mental Health Procedures Act (50 P. S. § § 7101—7503), a child who is 14 years of age or older shall consent to mental health treatment, including the administration of psychotropic medication. If a child refuses to give consent, a court order for involuntary treatment shall be obtained under Article III of the Mental Health Procedures Act (50 P. S. § § 7301—7306). The consent of the parent, guardian or legal custodian, is not valid in these instances.

(7) A minor who seeks consent for a physician to perform an abortion shall comply with applicable law.

The provisions of this § 3680.52 adopted January 23, 1987, effective January 24, 1987, 17 Pa.B. 392.

Notation

Authority

The provisions of this § 3680.52 issued under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. § § 201—211, 701—774, 901—922 and 1001—1080).