Who can consent for a rountine eye examination of a minor?

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Who can consent for a rountine eye examination of a minor?

Some children show up at my clinic for routine eye exams without their parents (i.e. they are brought with aunts, grandparents, older siblings,etc.) Can other family members sign the “consent”forms? I have also had some parents leave the clinic during their childs examination – in once instance it was a 5 year old left with a 10 year old sibling. Are there any statutes in CO that govern this or is it all dependent on the practitioner?

Asked on March 21, 2011 under Malpractice Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should speak with your medical board about proper or recommended business practices but form a legal standpoint keep in mind no one really cares until something goes wrong. You should consider speaking with or consulting with legal counsel for your particular practice to discuss pertinent and relevant statutes (if any), cases and any history of such matters in other facilities. You can contract with parents to not leave their children and just like in school, often only those who are authorized cantake the child from school. From medical privacy aspect, HIPAA laws may prohibit non custodial adults from inquiring about the child's results, issues or problems and the same could prohibit you from discussing the same, which could theoretically compromise your responsibility to care for your patients.


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