Legal, Medical, Ethical Question - Emancipation

[Richard B the EMT]

Can someone else from New York confirm this:

Even if a minor, a pregnant female is considered emancipated, at least in matters related to the pregnancy, until after delivery.

[triemal04]

Can someone else from New York confirm this:

Don't know about New York but in Oregon and Washington any female, regardless of age, while pregnant is allowed to make decisions regarding all their medical care. Of course that stops when the baby is delivered.

And it's not a true emancipation.

[ERDoc]

What is the big hangup with age and consent in the usa medic forums? If a person can understand the tx, the benefits, risks, alternatives and consequences of not getting it then age is no factor. If the pt can provide informed consent then there is no issue, just document. Now the approach for a 12 y/o will be different than one for a 15 or 16 y/o but the idea is the same. Btw where i live any person of any age can go get health services at the local public health dept, including reproductive healthcare such as oc's or other contraceptive methods, pregnancy tests, counselling and plan B emerg contraception

We get hung up on it, because it is the law. We don't make it, we just have to follow it.

Can someone else from New York confirm this:

Here Richard

http://www.empirestatecoalition.org/main/legal/emanc.html

http://www.nyclu.org/files/thl.pdf

Something that I found interesting is the part about an emancipated minor signing a lease. The landlord has to honor the lease but the minor doesn't.

Edited July 10, 2013 by ERDoc

[Richard B the EMT]

Don't know about New York but in Oregon and Washington any female, regardless of age, while pregnant is allowed to make decisions regarding all their medical care. Of course that stops when the baby is delivered.

Thanks, triemal04, your way of saying it was much less clumsy than mine.

ERDoc, I should have gone to the NYCLU website.Thanks to you, also.

[ERDoc]

Also note, that in NYS, once you have delivered you are considered able to make your own medical decisions. It does not revert back like trimal pointed out in WA or OR.

[tac57]

Sorry I kind of mistated my question. My bad. What I meant when I said why do people get hung up on age and consent I was referring to the laws themselves. Obviously providers need to follow the laws. It seems strange that legally in the us you could force a person under 18 to receive treatment or on the flipside not be able to treat them due to age. One of the fundamental principles of biomedical ethics is autonomy and it seems as if blanket laws like these violate this principle. In canada there is no age of consent - if the pt can make an informed decision then you must honor it (ethics consult and the courts are available if needed) One example is vaccines - a pt should be able to receive a vaccine even if the parents are the wierd antivax types as long as the pt consents and makes an informed decision. In canada this usually isn't an issue. For example, oral contraceptives are available through high school public health nurses for a small fee or free from a doc if you have a drug plan. Age is no issue since the provider makes the capacity decision. Besides if a child presented on their own to the provider for care they are seeking medical help on their own accord which demonstrates a form of capacity in of itself.

[ERDoc]

"For example, oral contraceptives are available through high school public health nurses for a small fee or free from a doc if you have a drug plan."

Wow, WTF???? Do you have any idea how that slippery slope is going to lead to promiscuous preschoolers? Sex should be between a married man and woman. Before you know it there are going to be Canadian preschoolers having babies of their own. You guys have no sense of morals or decency and that explains a lot. Good thing we have our guns down here to keep your horny preschool boys away from our daughters.

I agree that capacity should be based on the pt and not the age, but that is what we have. I know 21 year olds who probably shouldn't be able to make decisions for themselves, let alone their kids.