PART V. MINOR'S CONSENT TO MEDICAL TREATMENT

AND RELATED PROCEDURES

SUBPART A. MINOR'S CONSENT; MISCELLANEOUS PROVISIONS

§1079.1. Medical treatment; exceptions; record requests

           A.(1) Except as otherwise provided for in Subsection B of this Section, no healthcare provider shall provide medical or surgical care or services to any person who has not attained the age of majority without the consent of the parent, legal guardian, or any person professing to be serving as temporary custodian or caregiver of the person who has not attained the age of majority at the request of a parent or legal guardian.

           (2) A healthcare provider, healthcare facility, hospital, physician, nurse, emergency medical services provider, or other person licensed or authorized to provide healthcare services in this state may rely in good faith on the representation of a person professing to be serving as temporary custodian or caregiver of a person who has not attained the age of majority.

           (3) The provisions of R.S. 40:1159.4(F) and (G) shall apply to any hospital, healthcare facility, physician, or healthcare provider that relies in good faith on any direction or decision by any person reasonably believed to be authorized and empowered to consent under this Section.

           (4) A healthcare provider or healthcare facility relying on the representations of a temporary custodian or caregiver under this Section shall have no affirmative duty to investigate, verify, or confirm the legal authority of the person professing to be serving as temporary custodian or caregiver of such person who has not attained the age of majority at the request of a parent or legal guardian absent actual knowledge that the representation is false.

           B.(1) A person who has not attained the age of majority may consent to the provision of medical and mental health services in any of the following circumstances:

           (a) If the person who has not attained the age of majority is a member of the armed forces of the United States of America.

           (b) If the person who has not attained the age of majority is emancipated.

           (c) If the person who has not attained the age of majority is pregnant and consenting to medical or surgical care or services related to the pregnancy.

           (d) If the person who has not attained the age of majority is seeking treatment for alcohol or substance misuse.

           (e) If the person who has not attained the age of majority is seeking medical or surgical care and services for the treatment of sexually transmitted diseases.

           (f) If the person who has not attained the age of majority is donating blood.

           (g) If a healthcare provider, in his professional judgment, believes the person who has not attained the age of majority is exhibiting signs of abuse or neglect as defined in Children's Code Article 603.

           (h) If a person who has not attained the age of majority voluntarily chooses to be admitted to a treatment facility in accordance with Children's Code Article 1464.

           (i) If the person who has not attained the age of majority is enrolled as a student in a college or university, not including a high school student that is dually enrolled in a post-secondary education program.

           (j) If the person who has not attained the age of majority is seeking contraceptives or prevention or treatment for a sexually transmitted infection, with the exception of the provision of a vaccination for a sexual transmitted disease or infection.

           (2) Consent given by a person who has not attained the age of majority in accordance with this Subsection shall be valid and binding as if the person had achieved his majority. Any such consent shall not be subject to a later disaffirmance by reason of his minority.

           C. Consent to surgical or medical treatment for a person who has not reached the age of eighteen shall be implied in cases of emergency, as defined in R.S. 40:1159.5.

           D. No licensed healthcare facility and no licensed healthcare provider authorized to provide healthcare services in this state shall incur civil or criminal liability in connection with any examination, diagnosis and treatment authorized by this Section except for negligence.

           Added by Acts 1972, No. 182, §1; Acts 1994, 3rd Ex. Sess., No. 18, §2, eff. July 6, 1994; Acts 2001, No. 884, §1; Redesignated from R.S. 40:1095 by HCR 84 of 2015 RS; Acts 2018, No. 206, §4, eff. August 1, 2018; Acts 2026, No. 835, §1, eff. August 1, 2026.