9 CAR § 100-405. Consent to treat — Definitions

As used in this section, 9 CAR §§ 100-405, and 100-406: (1) “Affiliated healthcare provider” means the individuals or healthcare staff responsible for the facility’s healthcare and medical services, including: (A) Arrangements for all levels of youth health care; and (B) Ensuring of quality and accessibility to all health services needed by a youth; (2) “Assent” means an informal but joint decision-making process in which the youth, to the extent of his or her capacity, is involved in discussions about his or her health care and focus to improve long-term outcomes; (3) “Committed youth” means a juvenile who has been placed in the legal custody and control of the Division of Youth Services for purposes of: (A) Supervision; (B) Treatment; and (C) Rehabilitation; (4)(A) “Elective medical care” means any medical treatment recommended by a physician which may be postponed without subjecting the client to: (i) Significant pain; (ii) Deterioration of the condition; (iii) Complications; or (iv) Irreparable harm. (B) “Elective medical care” includes procedures that: (i) Are usually medically necessary; and (ii) May be major but are beyond the scope of procedures outlined in routine or emergency care; (5) “Emergency medical treatment” means medical, dental, or psychiatric treatment that is recommended immediately and, if postponed, may result in: (A) Permanent injury; (B) Loss of function; or (C) Death; (6) “Informed consent” means the: (A) Person who will perform or oversee the treatment will give information to the patient youth or parent or guardian about: (i) The reasons for the treatment; (ii) Potential benefits of the treatment; and (iii) Any risks associated with and without the treatment; and (B) Parent or guardian of the youth must agree to the treatment unless the youth is of the age and maturity to consent to his or her own treatment; (7)(A) “Invasive medical care” means any test or treatment that carries a significant risk of harm or major side effect. (B) “Invasive medical care” includes without limitation: (i) All medications prescribed for psychiatric or behavioral treatment; (ii) All surgical procedures; and (iii) Any procedure that requires more than local or topical anesthesia; and (8)(A) “Routine treatment” means routine medical and dental examinations such as: (i) Routine blood, urine, or other tests; (ii) Routine x-rays; or (iii) Other noninvasive tests. (B) “Routine treatment” includes: (i) Immunizations currently recommended by the Centers for Disease Control and Prevention; and (ii) All medical or dental treatments, including medication for common or minor illnesses or minor injuries.