MARYLAND MINOR CONSENT LAWS
Who Can Consent For What Services and Providers’ Obligations
Adolescent Provider Toolkit 2
MD Minor Consent Laws 10 26 12.docx
ANY AGE
LAW
CONFIDENTIALITY AND/OR INFORMING
OBLIGATION OF THE HEALTH CARE
PROVIDER
EMERGENCY
MEDICAL
SERVICES
A minor (i.e., a person under the age of 18) has the same
capacity as an adult to consent to medical treatment if, in
the judgment of the attending physician, the life or health
of the minor would be affected adversely by delaying
treatment to obtain the consent of another individual [Md.
Code Ann., Health-Gen. II § 20-102(b)]
The health care provider shall inform the minor’s parent or
guardian.
The health care provider may treat a patient who is incapable
of making an informed decision, without consent, if the
treatment is of an emergency nature; the person who is
authorized to give consent is not available immediately; and
the attending physician determines that there is substantial
risk of death or immediate and serious harm to the patient and
that the life or health of the patient would be affected
adversely by delaying treatment to obtain consent [Md. Code
Ann., Health-Gen. II § 5-607]
DRUG AND
ALCOHOL ABUSE
TREATMENT
A minor (i.e., a person under the age of 18) has the
same capacity as an adult to consent to treatment for
and advice about drug abuse and alcoholism [Md.
Code Ann., Health-Gen. II § 20-102(c)(1)-(5)]
Psychological treatment for drug abuse or alcoholism
– A minor has the capacity to consent to
psychological treatment for drug abuse or alcoholism
if, in the judgment of the attending physician or a
psychologist, the life or health of the minor would be
affected adversely by delaying treatment to obtain the
consent of another individual [Md. Code Ann.,
Health-Gen. II § 20-102(d)]
Refusal of treatment. The capacity of a minor to
consent to treatment for drug abuse or alcoholism
does not include the capacity to refuse treatment in a
certified inpatient alcohol or drug abuse treatment
program for which a parent/guardian has given
consent [Md. Code Ann., Health-Gen. II § 20-102(c-
Without the consent of or over the express objection of a
minor, the health care provider may, but need not, give a
parent, guardian, or custodian of the minor or the spouse
of the parent information about treatment needed by the
minor or provided to the minor [Md. Code Ann., Health-
Gen. II § 20-102(f)]
OUTPATIENT
MENTAL HEALTH
SERVICES
A minor who is 16 years old or older has the same
capacity as an adult to consent to consultation,
diagnosis, and treatment of a mental or emotional
disorder by a physician, psychologist, or a clinic [Md.
Code Ann., Health-Gen. II § 20-104(a)]
The capacity of a minor to consent to consultation,
diagnosis, and treatment of a mental or emotional
disorder by a physician, psychologist, or a clinic does
not include the capacity to refuse consultation,
diagnosis, or treatment for a mental or emotional
disorder for which a parent, guardian, or custodian of
the minor has given consent.
Without the consent of or over the express objection of a
minor, the health care provider may, but need not, give a
parent, guardian, or custodian of the minor or the spouse
of the parent information about treatment needed by the
minor or provided to the minor [Md. Code Ann., Health-
Gen. II § 20-102(f)]
SEXUAL
ASSAULT AND
RAPE SERVICES
A minor (i.e., a person under the age of 18) has the
same capacity as an adult to consent to:
• Physical examination and treatment of injuries
• Physical examination to obtain evidence
from an alleged rape or sexual offense
[Md. Code Ann., Health-Gen. II § 20-102(c)(6)-
Without the consent of or over the express objection of a
minor, the health care provider may, but need not, give a
parent, guardian, or custodian of the minor or the spouse
of the parent information about treatment needed by the
minor or provided to the minor [Md. Code Ann., Health-
Gen. II § 20-102(f)]
ADMISSION TO
DETENTION
CENTER
A minor (i.e., a person under the age of 18) has the
same capacity as an adult to consent to:
• Initial medical screening and physical examination
on and after admission into a detention center
[Md. Code Ann., Health-Gen. II § 20-102(c)(8)]
Without the consent of or over the express objection of a
minor, the health care provider may, but need not, give a
parent, guardian, or custodian of the minor or the spouse
of the parent information about treatment needed by the
minor or provided to the minor [Md. Code Ann., Health-
Source: People’s Law Library of Maryland – www.peoples-law.org © Maryland Legal Assistance Network / MLSC, 1999-2006.
Source: Student Services Technical Assistance Guide. Maryland State Department of Education. June 2006 www.marylnadpublicschools.org