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Therapeutic Services Agency, Inc.

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This is an informational notice (August 2023) with nothing to fill out, provided to minor patients and their parents or guardians to explain when Minnesota law permits a minor to consent to health care services on their own.

Minors’ Consent for Health Care
A minor may not receive health care services without consent of a parent or guardian, unless an exception applies. State statutes permit minors to consent to health care services in certain circumstances and authorize minors to consent to specific services.
Nonresidential mental health services
A minor age 16 or older may consent to nonresidential mental health services, defined as outpatient services provided to a minor who is not residing in a hospital, inpatient unit, or licensed residential treatment facility or program. This section does not preclude a minor from consenting to mental health or other health services according to the authority in other law (Minn. Stat. § 144.3431).
Effect of minor’s consent for persons rendering services
Financial responsibility
A minor who consents to health care services is financially responsible for the cost of the services (Minn. Stat. § 144.347).
Parent or guardian access to health records of minor children
Parents and guardians have access to their minor children’s health records, unless the minor legally consents to services as authorized in the Consent of Minors for Health Services statutes (Minn. Stat. §§ 144.341 to 144.347). In those cases, parents or guardians do not have access to the minor’s health records without the minor’s authorization (Minn. Stat. § 144.291, subd. 2, para. (g)). However, a health professional may inform a minor’s parent or guardian of treatment if, in the professional’s judgement, failure to inform the parent or guardian would seriously jeopardize the minor’s health (Minn. Stat. § 144.346).
Statutes referenced above
144.341 LIVING APART FROM PARENTS AND MANAGING FINANCIAL AFFAIRS. Any minor who is living separate and apart from parents or legal guardian, with or without consent of a parent or guardian and regardless of the duration of such separate residence, and who is managing personal financial affairs, may give effective consent to personal medical, dental, mental and other health services, and the consent of no other person is required.
144.342 MARRIAGE OR GIVING BIRTH, CONSENT FOR HEALTH SERVICE FOR SELF OR CHILD. Any minor who has been married or has borne a child may give effective consent to personal medical, mental, dental and other health services, or to services for the minor’s child, and the consent of no other person is required.
144.345 REPRESENTATIONS TO PERSONS RENDERING SERVICE. The consent of a minor who claims to be able to give effective consent but who may not in fact do so shall be deemed effective without the consent of the minor’s parent or legal guardian, if the person rendering the service relied in good faith upon the representations of the minor.
144.346 INFORMATION TO PARENTS. The professional may inform the parent or legal guardian of the minor patient of any treatment given or needed where, in the judgment of the professional, failure to inform the parent or guardian would seriously jeopardize the health of the minor patient.
144.347 FINANCIAL RESPONSIBILITY. A minor so consenting for such health services shall thereby assume financial responsibility for the cost of said services.
144.291 MINNESOTA HEALTH RECORDS ACT, Subd. 2, para. (g). Except for minors who have received health care services under sections 144.341 to 144.347, in the case of a minor, “patient” includes a parent or guardian, or a person acting as a parent or guardian in the absence of a parent or guardian.
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