                                 CODE OF VIRGINIA

AUTHORITY TO CONSENT TO SURGICAL AND MEDICAL TREATMENT OF CERTAIN MINORS (§
54.1-2969)

A. Whenever any minor who has been separated from the custody of his parent or
guardian is in need of surgical or medical treatment, authority commensurate
with that of a parent in like cases is conferred, for the purpose of giving
consent to such surgical or medical treatment, as follows:

   1. Upon judges with respect to minors whose custody is within the control of
   their respective courts.

   2. Upon local directors of social services or their designees with respect to
   (i) minors who are committed to the care and custody of the local board by
   courts of competent jurisdiction, (ii) minors who are taken into custody
   pursuant to &#xA7; 63.2-1517, and (iii) minors who are entrusted to the local
   board by the parent, parents or guardian, when the consent of the parent or
   guardian cannot be obtained immediately and, in the absence of such consent, a
   court order for such treatment cannot be obtained immediately.

   3. Upon the Director of the Department of Corrections or the Director of the
   Department of Juvenile Justice or his designees with respect to any minor who
   is sentenced or committed to his custody.

   4. Upon the principal executive officers of state institutions with respect to
   the wards of such institutions.

   5. Upon the principal executive officer of any other institution or agency
   legally qualified to receive minors for care and maintenance separated from
   their parents or guardians, with respect to any minor whose custody is within
   the control of such institution or agency.

   6. Upon any person standing in loco parentis, or upon a conservator or
   custodian for his ward or other charge under disability.

B. Whenever the consent of the parent or guardian of any minor who is in need of
surgical or medical treatment is unobtainable because such parent or guardian is
not a resident of the Commonwealth or his whereabouts is unknown or he cannot be
consulted with promptness reasonable under the circumstances, authority
commensurate with that of a parent in like cases is conferred, for the purpose
of giving consent to such surgical or medical treatment, upon judges of juvenile
and domestic relations district courts.

C. Whenever delay in providing medical or surgical treatment to a minor may
adversely affect such minor&#8217;s recovery and no person authorized in this
section to consent to such treatment for such minor is available within a
reasonable time under the circumstances, no liability shall be imposed upon
qualified emergency medical services personnel as defined in &#xA7; 32.1-111.1
at the scene of an accident, fire or other emergency, a licensed health
professional, or a licensed hospital by reason of lack of consent to such
medical or surgical treatment. However, in the case of a minor 14 years of age
or older who is physically capable of giving consent, such consent shall be
obtained first.

D. Whenever delay in providing transportation to a minor from the scene of an
accident, fire or other emergency prior to hospital admission may adversely
affect such minor&#8217;s recovery and no person authorized in this section to
consent to such transportation for such minor is available within a reasonable
time under the circumstances, no liability shall be imposed upon emergency
medical services personnel as defined in &#xA7; 32.1-111.1, by reason of lack of
consent to such transportation. However, in the case of a minor 14 years of age
or older who is physically capable of giving consent, such consent shall be
obtained first.

E. A minor shall be deemed an adult for the purpose of consenting to:

   1. Medical or health services needed to determine the presence of or to treat
   venereal disease or any infectious or contagious disease that the State Board
   of Health requires to be reported;

   2. Medical or health services required in case of birth control, pregnancy or
   family planning except for the purposes of sexual sterilization;

   3. Medical or health services needed in the case of outpatient care, treatment
   or rehabilitation for substance abuse as defined in &#xA7; 37.2-100; or

   4. Medical or health services needed in the case of outpatient care, treatment
   or rehabilitation for mental illness or emotional disturbance.
   				A minor shall also be deemed an adult for the purpose of accessing or
   authorizing the disclosure of medical records related to subdivisions 1
   through 4.

F. Except for the purposes of sexual sterilization, any minor who is or has been
married shall be deemed an adult for the purpose of giving consent to surgical
and medical treatment.

G. A pregnant minor shall be deemed an adult for the sole purpose of giving
consent for herself and her child to surgical and medical treatment relating to
the delivery of her child when such surgical or medical treatment is provided
during the delivery of the child or the duration of the hospital admission for
such delivery; thereafter, the minor mother of such child shall also be deemed
an adult for the purpose of giving consent to surgical and medical treatment for
her child.

H. Any minor 16 years of age or older may, with the consent of a parent or legal
guardian, consent to donate blood and may donate blood if such minor meets donor
eligibility requirements. However, parental consent to donate blood by any minor
17 years of age shall not be required if such minor receives no consideration
for his blood donation and the procurer of the blood is a nonprofit, voluntary
organization.

I. Any judge, local director of social services, Director of the Department of
Corrections, Director of the Department of Juvenile Justice, or principal
executive officer of any state or other institution or agency who consents to
surgical or medical treatment of a minor in accordance with this section shall
make a reasonable effort to notify the minor&#8217;s parent or guardian of such
action as soon as practicable.

J. Nothing in subsection G shall be construed to permit a minor to consent to an
abortion without complying with &#xA7; 16.1-241.

K. Nothing in subsection E shall prevent a parent, legal guardian or person
standing in loco parentis from obtaining (i) the results of a minor&#8217;s
nondiagnostic drug test when the minor is not receiving care, treatment or
rehabilitation for substance abuse as defined in &#xA7; 37.2-100 or (ii) a
minor&#8217;s other health records, except when the minor&#8217;s treating
physician, clinical psychologist, clinical social worker, or licensed
professional counselor has determined, in the exercise of his professional
judgment, that the disclosure of health records to the parent, legal guardian,
or person standing in loco parentis would be reasonably likely to cause
substantial harm to the minor or another person pursuant to subsection B of
&#xA7; 20-124.6.

HISTORY: Code 1950, § 32-137; 1968, c. 71; 1970, c. 232, § 54-325.2; 1971, Ex.
Sess., c. 183; 1972, cc. 323, 823; 1973, c. 337; 1974, cc. 44, 45, 639; 1977,
cc. 523, 525; 1978, cc. 10, 401; 1979, c. 720; 1981, cc. 22, 454, 573; 1984, c.
72; 1988, c. 765; 1989, c. 733; 1999, c. 1001; 2000, c. 798; 2002, cc. 315, 747;
2005, cc. 181, 227; 2008, c. 330; 2020, c. 945; 2022, c. 509.