ORS 109.675 : Right to diagnosis or treatment for mental or emotional disorder or emotional disorder or chemical dependency without parental consent

Youth Rights in Oregon

Description

(1) A physician, physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees), nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) or naturopathic physician licensed under ORS chapter 685 may provide birth control information and services to any person without regard to the age of the person.

(2) A minor 15 years of age or older may give consent, without the consent of a parent or guardian of the minor, to:

(a) Hospital care, medical or surgical diagnosis or treatment by a physician licensed by the Oregon Medical Board or a naturopathic physician licensed under ORS chapter 685, and dental or surgical diagnosis or treatment by a dentist licensed by the Oregon Board of Dentistry, except as provided by ORS 109.660 (Construction).

(b) Diagnosis or treatment by a physician assistant who is licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) and who is acting pursuant to a practice agreement as defined in ORS 677.495 (Definitions for ORS 677.495 to 677.535).

(c) Diagnosis and treatment by a nurse practitioner who is licensed by the Oregon State Board of Nursing under ORS 678.375 (Nurse practitioners) and who is acting within the scope of practice for a nurse practitioner.

(d) Except when the minor is obtaining contact lenses for the first time, diagnosis and treatment by an optometrist who is licensed by the Oregon Board of Optometry under ORS 683.010 (Definitions for ORS 683.010 to 683.310) to 683.340 (Duty to report prohibited conduct) and who is acting within the scope of practice for an optometrist. [1971 c.381 §1; 2005 c.471 §7; 2010 c.91 §1; 2014 c.45 §11; 2017 c.356 §4]

What does this mean for you?

You have a right to seek mental health and substance use services, with or without parental consent, if you are over the age of 14. However, your provider (doctor, counselor, etc.) is required to involve your parents or legal guardian/caregiver before the end of treatment unless it is against their best judgement to do so. Some reasons why a provider would NOT involve parents or legal guardians/caregivers include clear and identified sexual abuse, an emancipation status of at least 90 days, or if a caregiver does not consent to being involved in the treatment plan.