The general rule is that medical treatment can be given only with the consent of the patient. The age of majority in Alberta is eighteen years, but as one moves to lower ages, sixteen, fifteen, and so on the uncertainty of consent increases. A physician dealing with a minor is left in doubt as to when the patient can give a binding consent. Legislation is required to specify definitely the circumstances in which a minor can give his or her own consent. A draft Act is attached. This report recommends that the general age for consent to health care be fixed at sixteen years; that a minor of any age may consent to health care in connection with any communicable disease, drug or alcohol abuse, prevention of pregnancy and pregnancy and its termination; and that where a minor is under the age of sixteen years his power of consent under this recommendation is alternative to that of the parent or guardian. The report also recommends that a minor who has borne a child may consent to health care for herself and her child and that a minor should not be able to consent to sterilization. Other recommendations include stipulating that consent given by a person who has not attained the age of sixteen years is valid if the medical or dental practitioner had no reason to believe that the person who gave the consent had not attained the required age. Finally, the report recommends that the usual physician-patient confidentiality shall apply to health care to which a minor has consented pursuant to the proposed Act.
Final Report
Back to Publication SearchConsent of Minors to Health Care, Final Report 19
Resource Details
Publication No: | 19 |
FORMAT: | Publications |
TAGS: | capacity, con, consent, disease, health care, medical treatment, minor, venereal |
FILE: | fr019.pdf |