MyTeleHealthPoint — Minor Access & Consent To Treat Policy
- “This policy summarizes general principles. State laws vary and change. MyTeleHealthPoint applies the law of the state where the patient is located during the visit and may update workflows to maintain compliance.”
- “Prescription of certain medications (including some controlled substances) via telehealth may be restricted by federal or state rules and is evaluated case-by-case.”
1) Default rule (Age of majority)
- Under 18 = minor. For most medical care, parent or legal guardian consent is required before we treat a minor. We follow the law of the state where the patient is located at the time of the telehealth visit. (HHS.gov)
2) When a minor may consent without a parent/guardian (state-dependent)
MyTeleHealthPoint will permit minor-initiated care only when state law allows, and we will document eligibility in the chart.
- Sexually transmitted infection (STI/HIV) testing & treatment. In all states, minors can consent (any age or commonly ≥12–14, depending on state wording). (PMC)
- Contraception / pregnancy-related care. Varies by state; some allow minor consent, others restrict. (Example: Texas requires parental consent for clinic-based contraceptive services.) (Guttmacher Institute)
- Outpatient mental/behavioral health. Varies widely; many states allow limited outpatient therapy for minors (often from age 12–16) without a parent for a set number of sessions or circumstances. (AAP Publications)
- Substance use disorder (SUD) services. Consent rules are state-specific and protected under 42 CFR Part 2; in some states both the minor and parent must consent. (Legal Information Institute)
- Emancipated minors. (Married, in the military, or emancipated by court) may consent to all care. (State law governs status; we will verify.) (HHS.gov)
- Mature minor doctrine (where recognized). A clinician may determine a sufficiently mature minor can consent to certain care; state-specific (e.g., recognized by Tennessee courts). We will document the capacity assessment if used. (Justia)
3) Emergencies
- In a medical emergency where delay risks harm and a parent/guardian is not immediately available, implied consent permits treatment needed to stabilize the minor. (Telehealth clinicians will direct emergency care and advise immediate in-person evaluation/911 as appropriate.) (Connecticut General Assembly)
4) Telehealth-specific consent & privacy
- Telehealth informed consent is required in most states (written/e-signed or documented verbal). We obtain and record telehealth consent per state rules before treatment. (telehealth.hhs.gov)
- HIPAA & access to records. Parents/guardians are generally a minor’s “personal representative,” with rights to access records. However, if a minor lawfully consents to their own care (e.g., STI services) and state law protects confidentiality, parent access may be limited for that episode of care. We follow HIPAA and applicable state privacy laws. (HHS.gov)
5) What we require before a minor visit
- Age & location check (the state determines the rule).
- Identity & relationship of the accompanying adult (if any) and legal authority (parent/guardian/caregiver).
- Document the basis for minor consent (e.g., STI statute, mental-health minor-consent rule, emancipation, or mature minor doctrine).
- Crisis safety: If a minor reports imminent risk (self-harm, harm to others, or medical instability), we will activate emergency protocols (911, local EMS, crisis lines) and involve a guardian as allowed.
6) What we do not do for minors via telehealth
- We do not provide services to minors in conflict with state consent laws.
- We do not disclose confidential minor-consented services (e.g., STI care) to parents/guardians unless required or permitted by law (e.g., safety risk) or authorized by the minor.
Key definitions (plain language)
- Minor: Person under 18, unless emancipated.
- Age of majority: Age at which a person is a legal adult (18 in most U.S. states).
- Parent/Guardian: Adult with legal authority to make health decisions for a minor.
- Emancipated minor: Minor legally treated as an adult (e.g., married, court-ordered, active duty).
- Mature minor doctrine: In some states, a clinician may judge a minor capable of understanding risks/benefits and consenting to certain care without a parent. (Justia)
- Sensitive services: Care that many states allow minors to consent to on their own (e.g., STI/HIV, some contraception/pregnancy care, certain mental health or SUD services). (Guttmacher Institute)
- Telehealth informed consent: Acknowledgment of benefits/risks/limits of virtual care, required in most states before treatment. (telehealth.hhs.gov)
- Personal representative (HIPAA): Person who can act for the patient in health matters (often a parent/guardian for a minor), subject to exceptions when minors consent to their own care under state law. (HHS.gov)
MyTeleHealthPoint operating standard (simple summary)
- Default: Parent/guardian consent for patients under 18.
- Allow minor self-consent only where state law clearly permits (STI care nationwide; contraception/mental health/SUD vary by state). We document the legal basis. (Guttmacher Institute)
- Emergencies: Act to protect life/health; use implied consent; direct to emergency care. (Connecticut General Assembly)
- Privacy: Follow HIPAA/state privacy rules for minors and sensitive services. (HHS.gov)
- Telehealth consent: Obtain & document per state requirements. (telehealth.hhs.gov)
Acknowledgment of Consent to Treat a Minor
“I hereby certify that I am the parent, legal guardian, or legal representative of the minor patient named in this telehealth visit. By proceeding, I acknowledge and consent to MyTeleHealthPoint providing medical evaluation and treatment to this minor.
I understand that:
- Consent is required for most medical care for minors under the age of 18, unless state law provides otherwise (e.g., emancipated minor, specific exceptions for sexual health, mental health, or substance use services).
- In giving this consent, I authorize licensed providers at MyTeleHealthPoint to evaluate, diagnose, and, if medically appropriate, prescribe treatment for the minor.
- I also understand that MyTeleHealthPoint will document this consent in the patient’s medical record and that this consent remains valid for this encounter and any medically necessary follow-up within the defined timeframe (typically 72 hours).
By affirming this statement, I release MyTeleHealthPoint and its providers from liability arising from misrepresentation of my authority as parent, guardian, or legal representative.”
By clicking “I Agree” or otherwise providing my consent electronically, I affirm that I have read, understood, and agree to this Telehealth Consent to Treat. I consent to the use of electronic signatures and records in connection with this agreement, consistent with the ESIGN Act (15 U.S.C. § 7001 et seq.).
If I am unable to provide an electronic signature, I may affirm consent by typing my full legal name and date in the designated acknowledgment field, which will serve as my binding electronic signature.