Texas Family Code - Section 32.003. Consent To Treatment By Child
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§ 32.003. CONSENT TO TREATMENT BY CHILD. (a) A child may
consent to medical, dental, psychological, and surgical treatment
for the child by a licensed physician or dentist if the child:
(1) is on active duty with the armed services of the
United States of America;
(2) is:
(A) 16 years of age or older and resides separate
and apart from the child's parents, managing conservator, or
guardian, with or without the consent of the parents, managing
conservator, or guardian and regardless of the duration of the
residence; and
(B) managing the child's own financial affairs,
regardless of the source of the income;
(3) consents to the diagnosis and treatment of an
infectious, contagious, or communicable disease that is required by
law or a rule to be reported by the licensed physician or dentist to
a local health officer or the Texas Department of Health, including
all diseases within the scope of Section 81.041, Health and Safety
Code;
(4) is unmarried and pregnant and consents to
hospital, medical, or surgical treatment, other than abortion,
related to the pregnancy;
(5) consents to examination and treatment for drug or
chemical addiction, drug or chemical dependency, or any other
condition directly related to drug or chemical use; or
(6) is unmarried, is the parent of a child, and has
actual custody of his or her child and consents to medical, dental,
psychological, or surgical treatment for the child.
(b) Consent by a child to medical, dental, psychological,
and surgical treatment under this section is not subject to
disaffirmance because of minority.
(c) Consent of the parents, managing conservator, or
guardian of a child is not necessary in order to authorize hospital,
medical, surgical, or dental care under this section.
(d) A licensed physician, dentist, or psychologist may,
with or without the consent of a child who is a patient, advise the
parents, managing conservator, or guardian of the child of the
treatment given to or needed by the child.
(e) A physician, dentist, psychologist, hospital, or
medical facility is not liable for the examination and treatment of
a child under this section except for the provider's or the
facility's own acts of negligence.
(f) A physician, dentist, psychologist, hospital, or
medical facility may rely on the written statement of the child
containing the grounds on which the child has capacity to consent to
the child's medical treatment.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20,
1995; Acts 1995, 74th Leg., ch. 751, § 6, eff. Sept. 1, 1995;
Acts 2001, 77th Leg., ch. 821, § 2.01, eff. June 14, 2001.
Section: 31.003 31.004 31.005 31.006 31.007 32.001 32.002 32.003 32.004 32.005 32.101 32.102 32.103 32.201 32.202
Last modified: August 11, 2007
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