Section 22-B602. LIABILITY OF PROVIDER

 

602.1No physician, surgeon, dentist, or health or mental care facility shall be compelled against his, her, or its best judgment to treat a minor on the minor's own consent.

 

602.2A physician, surgeon, dentist, or health or mental care facility that refuses to treat a minor on the minor's own consent shall refer the minor to another facility.

 

602.3If having acted in good faith, no physician, surgeon, dentist, or health or mental health care facility shall be held liable on the basis of a minor's misrepresentations.

 

602.4Any minor who is examined, treated, hospitalized, or receives health services under this chapter may give legal consent, and no person who administers the health services shall be liable civilly or criminally for assault, battery, or assault and battery; or any other civil legal charge, except for negligence or intentional harm in the diagnosis and treatment rendered to the minor and for violations of the D.C. Mental Health Information Act of 1978.

 

602.5Except as provided in the D.C. Mental Health Information Act of 1978, the health professional may, but shall not be obligated to, inform the parent, parents, or legal guardian of the minor of any treatment given or needed when, in the judgment of the health professional, the following situations exist:

 

(a)Severe complications are present or anticipated;

 

(b)Major surgery or prolonged hospitalization is needed;

 

(c)Failure to inform the parents or legal guardian would seriously jeopardize the safety and health of the minor patient; and

 

(d)To inform them would benefit the minor's physical and mental health and family harmony.

 

602.6Except as provided in §602.7, such information about any treatment administered or needed shall be given to the minor's parent, parents, or legal guardian only when the minor consents or when, because of the minor's age or condition, the attending health professional can reasonably presume consent.

 

602.7Information about any treatment needed by a minor who is found to be infected with a sexually transmitted disease and who has refused treatment shall be given to the minor's parent, parents, or legal guardian.

 

602.8Except by specific legal requirements, no information in regard to sexually transmitted disease, drug substance abuse, pregnancy, and emotional illness shall be given by the health professional to another professional, school, law enforcement official, court authority, government agent, spouse, future spouse, employer, or any other person without consent of the minor, unless giving the information is necessary to the health of the minor and the public, and only when the minor's identity is kept confidential.

 

602.9Notification of disclosure to the spouse, parent, parents, or legal guardian by the health professional shall not constitute libel or slander, a violation of the right of privacy, a violation of the rule of privileged communication, or any other legal basis of liability.

 

602.10When a minor is found not suffering from a drug or substance abuse, including alcohol and nicotine, no information with respect to any appointment, examination, test, or other health procedure shall be given to the parent, parents, or legal guardian, if they have not been already informed as permitted in this section, without the consent of the minor.

 

authority

Unless otherwise noted, the authority for this chapter is Commissioners’ Orders dated January 7, 1924, April 2, 1943, May 21, 1947, October 11, 1951, and April 18, 1963; the District of Columbia Self-Government and Governmental Reorganization Act ' 412, D.C. Code, 2001 Ed. § 1 204.04.

source

Regulation No. 74-22 (August 30, 1974), 21 DCR 477 (September 16, 1974), 6H DCRR § 4 (1982); as amended by § 5 of the Preventive Health Services Amendments Act of 1985, effective February 21, 1986 (D.C. Law 6-83; 32 DCR 7276, 7283 (December 13, 1985)).