Who Can Make Health Care Decisions for Teens?

As teens move closer to the legal line of adulthood, their maturity and decision-making abilities are not as clearly delineated as the date of their 18th birthday. “Growing up” is a process that takes many years, varies from person to person, and frequently depends on circumstances.

Many teens are interested in privacy and control with respect to their health information, particularly regarding their sexual well-being and mental health. The legal age for providing medical consent under Washington state law is 18. However, there are certain circumstances when teens can make medical decisions and provide their own medical consent at a younger age without the approval of a parent. There are also circumstances wherein they’re entitled to confidentiality of their medical information. 

Additionally, if you’re under 18 but married to someone over 18 or legally emancipated, you’re not viewed as a minor in the eyes of the law; you’re legally authorized to make your own healthcare decisions and provide consent in all situations.

Washington views categories of health care with respect to teen consent as follows:

Mental Health Decisions

Anyone 13 or older may provide consent for themselves for outpatient mental health services by a licensed medical professional. Anyone 13 or older may provide consent for themselves to be admitted to inpatient mental health services without parental consent as long as notice is provided to the parent.

Sexual and Reproductive Health Decisions

Regardless of age, family planning and pregnancy care—including contraceptives and abortions—may be provided confidentially without parental consent.

Testing, diagnosis, and medical care for STDs (including hepatitis B and HPV immunization) may be provided if they are over the age of 14 and determined a Mature Minor (see below).

Substance Abuse Treatment

Adolescents aged 13 or older may admit themselves to inpatient substance use disorder treatment without parental consent, assuming the professional provider agrees with the need for inpatient treatment. Authorization from parents or a person authorized to give consent on behalf of the child is required for minors under the age of 13.

Emergency and Non-Emergency Medical Care

If a health emergency exists but the minor’s parents (or the person authorized for medical decision-making on their behalf) aren’t available, consent to required treatment is implied.

In evaluating whether an individual under the age of 18 can provide their own consent for non-emergency medical treatment, providers must determine whether or not the minor is a Mature Minor. This status is based on their age, intelligence, maturity, experience, economic independence or lack thereof, general conduct as an adult, and freedom from parents’ control.

In making this assessment, a healthcare provider can ask questions that elicit needed information. Because the notion of informed consent for health care requires more than simply indicating agreement, an individual must understand the nature of the medical condition, the treatment or procedure, and its implications.

As a rule, healthcare providers will typically encourage teens to seek the input of parents or other responsible adults in their lives, but they also recognize the youth’s rights. Parents may not always agree with teens’ choices in healthcare circumstances, but this does not create liability on the provider’s part.

Find Experienced Legal Help

If you have questions about your legal rights as either a teen or a parent regarding healthcare decisions, visit the Super Lawyers directory to find an experienced healthcare law attorney in your area. For more information on this area of law, see our overviews of health care law.