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PDF Editor FAQ

Can a minor go to the doctor and get prescribed medication without a parent present?

Yes.Most offices that treat minors will ask parents to sign a form permitting the office to care for the minor in the event a parent is not present. This includes the minor being present by themselves but also includes things like grandma bringing a child in. It happens all the time and we account for it.Prescribing a medication also isn't the same as filling it. Almost all prescriptions go to pharmacies electronically now, and the pharmacy is ultimately the entity that dispenses the medication. They generally won’t fuss if a minor presents asking for an amoxicillin prescription, but won’t fill one for narcotic pain relievers without a parent or guardian. because of this most doctors will err on the side of prescribing.Certain categories of medications don’t require parental consent. For instance, parental consent is not required for contraceptives in any state, and 27 states expressly allow it.In unusual circumstances, minors can be considered to be emancipated and consent to their own care.And lastly, in today’s era of instant communication, if I have any doubt about the treatment of an unaccompanied minor, I can almost always get a parent on the phone.

What happens when the police arrests and detains a minor?

This depends on the age of the offender and the state where the arrest takes place.First, understand that there is a difference between a juvenile and a minor. A juvenile is someone under the age of 18 (17, some places). A minor is someone who has not reached their 21st birthday. Juveniles are handled differently than adults, but minors who are not juveniles (17- or 18–21) are generally treated the same as adults.In some states, juveniles can’t be interviewed without the presence or consent of a parent, or in the absence of a parent, a guardian ad litem. The guardian ad litem is a court-appointed person who acts as the juvenile’s advocate.Where I worked, there was no prohibition on interviewing juveniles. They had to be accorded the same rights as adults with regard to incriminating statements and Miranda warnings, but otherwise we could talk to them whether their parents were present or consented or not. If the juvenile was charged, they were afforded legal counsel. If they were otherwise involved in the system (i.e., they were wards of the court, foster children, runaways, etc.), they might also be appointed a guardian ad litem.In most (maybe all) jurisdictions, you can’t book a juvenile into an adult jail. They must be held separate from adult prisoners. This usually means booking them into a juvenile detention facility. Now and then, someone would lie about their age and we would book a juvenile into regular jail in the belief they were at least 18. When the deception was discovered, everything stopped until the kid was processed out of the jail. That was a hot potato no one wanted.Juveniles are subject to status offenses. These are offenses that are legally impossible for an adult to commit, e.g. curfew violations, truancy, minor in possession of alcohol, and one that doesn’t exist everywhere, “child in need of supervision,” or CHINS. The latter can be kind of nebulous, when young people are viewed to be out of control.

Can a doctor break privilege if he/she reasonably believes that a patient has committed a felony?

Assuming all of the following patients do not want you to call the police:Victims of stabbings and GSWs usually require you to call the police as per state law. Sexual assaults may require a call as well as any assault or MVC that is a danger to life or limb. Simple assaults are another matter, and it would be difficult to call the cops on someone who got a little bloody nose in a drunken fight with a friend. Any assault on a minor requires a call. You have a duty to report suspected child or elder abuse or abuse of an incapacitated person.If a person brings drugs or guns into your ER, you usually have to call as per hospital policy.You have to call the police to report any patient who poses a threat to a specific person. You have a duty to warn that individual that they may be in danger, and the best way to do so is with law enforcement.State laws may require notifying the police regardless of the patient's wishes as discussed above. Confidentiality laws prohibit you discussing the patient's condition or injuries with police without permission or a court order. Thus you cannot (or are not SUPPOSED to) say to the police officer "that patient is drunk". The exception is a minor patient coming for treatment without a guardian present (does not include older teens looking for birth control, STD treatment, or pregnancy services). You may treat the patient under "implied consent" but remember that the patient is a ward of the state at that point. The police officer, as an officer of the state, may take custody of the child on behalf of the state and consent to treatment (and you would therefore discuss the case with the PO as the guardian). This is more often used in the case of accidents or when you have a beligerant guardian who must be placed under arrest. A social services representative may also do this (this is the more common scenario).You may call the police to restrain a violent, suicidal, or assaultive patient against their wishes pending a temporary detention order (72 hour hold).If a person brings drugs or guns into your ER, you usually have to call as per hospital policy.You have to call the police to report any patient who poses a threat to a specific person. You have a duty to warn that individual that they may be in danger, and the best way to do so is with law enforcement.

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