20 Medico-legal questions Test your knowledge

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20 Medico-legal questions

Question 10: Confidentiality, privacy and consent of minors

An unaccompanied, emotionally mature and mentally capable (competent) 15-year-old female attends your clinic seeking the oral contraceptive pill (OCP) for contraception. She has no contraindications. You have provided care to her entire family for many years. What is the best next step? A) B) C) Call her parents to explain the situation and obtain their permission for contraception for their daughter Refuse outright to provide her with the OCP as she is too young to understand and consent Refuse outright to provide her with the OCP and admonish her for sexual activity at her age Provide or arrange sexual counseling, including a discussion of the risks and benefits of the OCP and alternatives, so that she can decide whether to proceed Ask her permission to call her parents to obtain their permission for contraception

> I N D E X >

D)

E)

Answer:
The answer to this question is: D

Discussion:
Requirements for valid consent The consent must have been voluntary, the patient must have had the capacity to consent, and the patient must have been properly informed. Capacity to consent An individual is considered to have the necessary capacity to give valid consent if he or she is able to understand the nature and anticipated effect of a proposed medical treatment and alternatives, and to understand the consequences of refusing treatment. Age of consent Legislation in a number of provinces and the territories has codified the law on consent, including the reliance on maturity in assessing a young person's capacity to consent to or refuse medical treatment Only Qubec has established a fixed age of 14 years, below which the consent of the parent or guardian or of the court is necessary for the purposes of proposed treatment.

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18/02/2012

20 Medico-legal questions Test your knowledge

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The determinant of capacity in a minor has become the extent to which the young person's physical, mental and emotional development will allow for a full appreciation of the nature and consequences of the proposed treatment, including the refusal of such treatments. Requirements for confidentiality and consent with minors When seeing a minor with a parent present, and depending on the nature of the presenting complaint, it may be important to ask to speak with the patient alone without a parent in attendance, so sexual activity and other sensitive issues can be addressed. Generally, a capable minor would need to consent to the involvement of parents in health care decisions. Depending on the nature of the medical condition and the complexity of any proposed treatment, it is often prudent to stress the importance of involving the parents, and to obtain permission to do so.

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https://education.cmpa-acpm.ca/20questions/questions/question10-e.html

18/02/2012