§ 3130.91. Consent to treatment.
The county agency shall comply with the following requirements relating to consent for medical and dental examination and treatment prior to undertaking to furnish the treatment or examination of a child:
(1) If the child is placed under a voluntary placement agreement:
(i) Obtain prior written consent for routine treatment from the child’s parent. Examples of routine treatment include well baby visits, immunizations and treatment for ordinary illnesses.
(ii) Obtain consent for an instance of nonroutine treatment from the child’s parent. 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 refuses, or cannot be located to provide consent.
(2) If the child is in legal custody of the county agency under 42 Pa.C.S. § § 6301—6365 (relating to the Juvenile Act):
(i) Authorize routine treatment.
(ii) Obtain consent for an instance of nonroutine treatment from the child’s parent.
(iii) Obtain an order of the court authorizing nonroutine treatment if the child’s parent refuses, or cannot be located to provide consent.
(3) If the child requires emergency treatment, immediately take the child to a physician for treatment. 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.
(4) 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.
(5) 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 or legal custodian is not valid in these instances.
(6) A minor who seeks consent for a physician to perform an abortion shall comply with applicable law.
Authority The provisions of this § 3130.91 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).
Source The provisions of this § 3130.91 adopted January 23, 1987, effective April 24, 1987, 17 Pa.B. 392.
Cross References This section cited in 55 Pa. Code § 3180.81 (relating to licensure, approval and notification requirements); and 55 Pa. Code § 3680.52 (relating to consent to treatment).
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