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{{Dial-A-Law TOC|expanded = health}}
==Can children consent to medical care—if they are “capable”to—or refuse—medical care?==Yes, the BC ''Infants Act'' (available at [http://www.bclaws.ca /Recon/document/ID/freeside/00_96223_01#section17 section 17] of the BC ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96223_01 Infants Act]) '' says that children (anyone under 19 years old) can consent (or agree) to their own medical care—if care—'''if they are capable'''. When are children capable? The law considers them capable if they understand the need for A situation that involves just a doctor and a medical treatment, what child patient under 19 years old can expand to include the treatment involveschild’s parents, plus a court and the benefits and risks lawyers, if they get—or don’t get—the treatment. If the doctor or healthcare provider explains these things and decides that the child understands them and the healthcare is in there are disagreements over the child’s best interest, they interests. It can treat also include the child without consent Ministry of Children and Family Development if there are concerns about the parents or guardians. The child might have to sign a consent form. For the law on adults and consent to medical care, check script [[Adults and Consent to Medical Care (Script 428)|428]], called “Adults and Consent to Medical Care”child’s welfare.
==Do children need the consent of a parent or guardian to get medical care?==
==Is a child’s medical care confidential?==
A doctor or healthcare provider can’t talk with the parents or guardian about a capable child’s medical care, unless the child agrees. Just as doctors must keep information about their adult patients confidential, they must also keep information about their capable child patients confidential.
There are exceptions to this confidentiality rule. In some cases, parents may be able to get their child’s medical informationor a doctor may have to disclose information to the Ministry of Children and Family Development. For example, if there is good reason to believe that a child might harm themselves or others, or there is suspected or reportable abuse (physical, sexual or emotional) then the information may not stay private. In such a case, the child should be told why their information won’t be kept private and who it will be shared withgiven to.
For more information on patient confidentiality, check script [[Getting Your Medical Records (Script 421)|421]], called “Getting Your Medical Records”Records.”
==Does medical care have to be in the child’s best interest?==
Yes, capable children can consent to medical care only if it is in their best interest. If there is any disagreement about what a child’s best interest is, the people involved may have to see a lawyer and consider going to court. If a capable child refuses treatment health care that a doctor says two doctors say is necessary, to preserve the parents child’s life or guardianshealth, or under [http://www.bclaws.ca/Recon/document/ID/freeside/00_96046_01#section29 section 29] of the Ministry of Children ''[http://www.bclaws.ca/Recon/document/ID/freeside/00_96046_01 Child, Family and Family DevelopmentCommunity Service Act]'', the Director of Child Protection can ask a court to overrule the child’s refusal. More information is available from the Ministry. In Victoria, call 250.387.7027. Elsewhere in BC, call 1.877.387.7027. Or see its website at the [http://www.gov.bcbclaws.ca/mcf www.gov.bc.caRecon/document/ID/freeside/mcf00_96046_01 ministry website] and click on the “For Youth” tab. More information is also available on the website of the Legal Services Society, in the Family Law section at [http://www.familylaw.lss.bc.ca www.familylaw.lss.bc.ca/ Legal Services Society Family Law website].
==Is consent to medical care needed in a medical emergency?==
Consent to medical care in a medical emergency may not be needed to treat a child or an adult—it depends on the situation. If a person’s life or health is seriously threatened, and it appears that the person isn’t capable of making healthcare decisions, healthcare providers may be able to treat the person without consent. Because they are dealing with a medical emergency, they may be able do whatever is necessary to try and save the person’s life or health.
Check script [[Children's Rights (Script 238)|238]], called “Children’s Rights” for general information on the rights that children have in several areas other than medical care.
[updated April 2014March 2016]