§ 34-6-403 — Scope of power of person standing in loco parentis to make health care decisions - Limitations

(a) (1) The parent, legal guardian, or legal custodian may, but is not required to, convey in loco parentis standing to another adult if there is no order of any court in effect from any jurisdiction, including an order of protection, custody order, or parenting plan, that would prohibit the parent, legal guardian, legal custodian or the person acting in loco parentis from exercising that power. A person shall not stand in loco parentis or make health care decisions for an unemancipated minor if there is an order by any court in effect from any jurisdiction that would prohibit the person from doing so, including an order of protection, custody order, or parenting plan, or in the circumstances described in § 33-3-111 . (2) A person standing in loco parentis may make health care decisions for a person who is an unemancipated minor to undergo or receive health care which are not prohibited by law and which are under the supervision of and suggested, recommended, prescribed, or directed by a health care provider licensed to practice in this state. (3) A person standing in loco parentis may also exercise existing parental rights to obtain medical records and information. (b) Notwithstanding any other provision of this part, a person standing in loco parentis may not consent on behalf of an unemancipated minor to: (1) Withholding or withdrawing life sustaining procedures; (2) Abortion; (3) Sterilization; (4) Psychosurgery; (5) Admission to a mental health facility for a period longer than the durational limits permitted in § 33-3-606 ; or (6) Mental health treatment for a minor sixteen (16) years of age or older, pursuant to § 33-8-202 .

Legislative History

Acts 2014, ch. 696, § 2.