Re: Minors in ambulances

[Guest guest]

I think that if the ER has obtained consent, then that consent continues for

your transport. Further, implied consent may kick in if the minor has a

condition that causes him to be a danger to himself or others. [see below]

With

medical orders for the transport written by a physician who has obtained

consent, I do not think you need a separate consent.

Females and males are " emancipated " when they have gone to court and

obtained an Order for Removal of Disabilities of a Minor. They are eligible if

they are (1) 16, living separately and apart from their parents, and

self-supporting/managing their own financial affairs, or (2) 17 and

self-supporting and

managing their own financial affairs. This is covered in Chapter 31 of the

Texas Family Code. You can Google it and find lots of references. There is

no de facto emancipation in Texas; however, a woman with a child may consent

for that child, even though she may not legally consent for herself. I know,

makes no sense.

Minors who have not had disabilities removed may generally be treated under

implied consent in emergency situations.

They may consent for their own treatment if they are active duty members of

the Armed Forces. They may consent if they are 16 or older, residing apart

from their parents and managing their own financial affairs, regardless of the

source of income. [Note, this is a separate provision of the Family Code and

applies ONLY to consent to health care. Removal of disabilities entitles them

to sign leases, enter into contracts, and so forth. ] They may also consent

for evaluation and treatment for STDs, sexual, physical, and emotional abuse,

pregnancy [but NOT ABORTION,] addiction, suicide prevention, and so forth.

This is all in the Texas Family Code. Consent for emergency care is found

in the EMS law, §773.008, Texas Health and Safety Code.

Gene

> Gene, Wes, and anyone else who wants to comment. I own a private service

> which does a lot of er to higher level of care transports. It seems like we

> have been plagued lately with a lot of transports to psych facilities, and

that

> the respective er staffs request that we take the child without

> parent/guardian/officer. I have written policy that someone with the power to

sign for

> the pt. must accompany the minor in the ambulance. If not, we deny the trip.

> Your thoughts on this as well as emancipation of females under texas law.

> Regards,

> Akin

> Sent from my BlackBerry® smartphone with SprintSpeed

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