§ 2504 — Enabling certain persons to consent for certain medical, dental, health and hospital services

New York § 2504

• Jurisdiction: New York
• Law PBH: Public Health
• Title 1: General Provisions
• Art. 25: Maternal and Child Health

Text

§ 2504. Enabling certain persons to consent for certain medical,\ndental, health and hospital services. 1. Any person who is eighteen\nyears of age or older, or is the parent of a child or has married, or is\na homeless youth as defined in section five hundred thirty-two-a of the\nexecutive law, or receives services at an approved runaway and homeless\nyouth crisis services program or a transitional independent living\nsupport program as defined in section five hundred thirty-two-a of the\nexecutive law, may give effective consent for medical, dental, health\nand hospital services, including behavioral health services, for\nthemself, and the consent of no other person shall be necessary.\n 2. Any person who has been married or who has borne a child may give\neffective consent for medical, dental, health and hospital services for\nhis or her child. Any person who has been designated pursuant to title\nfifteen-A of article five of the general obligations law as a person in\nparental relation to a child may consent to any medical, dental, health\nand hospital services for such child for which consent is otherwise\nrequired which are not: (a) major medical treatment as defined in\nsubdivision (a) of section 80.03 of the mental hygiene law; (b)\nelectroconvulsive therapy; or (c) the withdrawal or discontinuance of\nmedical treatment which is sustaining life functions.\n 3. Any person who is pregnant may give effective consent for medical,\ndental, health and hospital services relating to prenatal care.\n 4. Medical, dental, health and hospital services may be rendered to\npersons of any age without the consent of a parent, legal guardian or\nperson possessing a lawful order of custody when, in the physician's\njudgment an emergency exists and the person is in immediate need of\nmedical attention and an attempt to secure consent would result in delay\nof treatment which would increase the risk to the person's life or\nhealth.\n 5. Where not otherwise already authorized by law to do so, any person\nin a parental relation to a child as defined in section twenty-one\nhundred sixty-four of this chapter and, (i) a grandparent, an adult\nbrother or sister, an adult aunt or uncle, any of whom has assumed care\nof the child and, (ii) an adult who has care of the child and has\nwritten authorization to consent from a person in a parental relation to\na child as defined in section twenty-one hundred sixty-four of this\nchapter, may give effective consent for the immunization of a child.\nHowever, a person other than one in a parental relation to the child\nshall not give consent under this subdivision if he or she has reason to\nbelieve that a person in parental relation to the child as defined in\nsection twenty-one hundred sixty-four of this chapter objects to the\nimmunization.\n 6. Anyone who acts in good faith based on the representation by a\nperson that he is eligible to consent pursuant to the terms of this\nsection shall be deemed to have received effective consent.\n 7. No person shall perform a pelvic examination or supervise the\nperformance of a pelvic examination on an anesthetized or unconscious\npatient unless the person performing the pelvic examination is legally\nauthorized to do so and the person supervising the performance of the\npelvic examination is legally authorized to do so and:\n (a) the patient or the patient's authorized representative gives prior\noral or written informed consent specific to the pelvic examination;\n (b) the performance of a pelvic examination is within the scope of\ncare for the surgical procedure or diagnostic examination scheduled to\nbe performed on the patient and to which the patient has already given\noral or written consent; or\n (c) the patient is unconscious and the pelvic examination is medically\nnecessary for diagnostic or treatment purposes, and the patient is in\nimmediate need of medical attention and an attempt to secure consent\nwould result in a delay of treatment which would increase the risk to\nthe patient's life or health.\n Nothing in this subdivision diminishes any other requirement to obtain\ninformed consent for a pelvic examination or any other procedure.\n