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S TEPPARENTS PRESENT AN inter- esting issue for hea lt hca re p r o v i d e r s t r e a t i n g m i n o r s t e p c h i l d r e n . B e c a u s e minors — those under the age of 18 — are deemed incapable of consenting to their own medical treatment under New York law, providers must obtain informed consent from the minor's parent or legal guardian before com- mencing treatment. 1 The question we have been called on to answer numerous times is whether stepparents are autho- rized under the law to give such consent. The short answer is "No." A steppar- ent may not consent to the medical treatment of his or her stepchild because a stepparent does not, merely by reason of such relationship (marrying a parent), acquire parental status. 2 Relatives such as grandparents, aunts and uncles are also not considered parents, and as such, may not consent to the medical treatment of their minor relatives. We should note that where a stepparent or relative lawfully adopts a child, this answer changes because the stepparent or relative has become the lawful parent of the child. The scenario of an unadopted step- child presents a common problem for pa rent s a nd hea lt hca re prov iders because stepparents regularly assist with parenting responsibilities, includ- i n g t ra n sp or t at ion to he a lt hc a re appointments. Healthcare providers dealing with this scenario may choose to develop a written authorization form for parents to use that authorizes (i.e. consents to) the treatment of their minor child and authorizes the step- parent to present their child for such treatment. In this case, the authoriza- tion should provide a phone number for the healthcare provider to contact the parent and verify the authorization's a u t h e n t i c i t y a n d t h e p a r e n t 's continued consent. There a re, of course, exceptions where minors may consent to their own or another's medical treatment, includ- ing the following: (a) emergencies, as determined by the physician; (b) a pregnant minor may consent to medical services relating to prenatal care; (c) a minor who is also a parent may consent to treatment of his or her own child; (d) no parental consent is necessary for the diagnosis or treatment of minors with a sexually transmitted disease or where the minor was exposed to infec- tion with an STD; and (e) individuals at least 17 years old may consent to donating blood without the consent of a parent. 3 There are additional exceptions throughout New York law that should be reviewed on a case-to-case basis. With limited exceptions, healthcare providers may only treat patients after obta ining their informed consent. Because minors are deemed incapable of granting consent, healthcare provid- ers must obtain the minor's parent's or legal guardian's consent, unless an exception exists. In New York, step- parents do not, merely by becoming a stepparent, acquire parental status. Therefore, stepparents cannot give informed consent for medical treatment of their minor stepchildren. The attorneys of Bousquet Holstein PLLC's Health Care Practice Group counsel healthcare professionals and entities of all sizes with regard to issues specific to the healthcare industr y. For more informa- tion please visit BHL AW PLLC.com or contact Lesser at SLesser@bhlawpllc.com or Werbeck at JWerbeck@bhlawpllc.com. References 1. See Pub. Health Law § 2504(1) and Gen. Obligations Law § 1-202. 2. Rutkowski v. Wasko, 286 A.D. 327, 331 (3d Dep't 1955). 3. See Pub. Health Law §§ 2504, 2305, and 3123. ■ By Susan Fortin Lesser and Joshua S. Werbeck of Bousquet Holstein PLLC Stepparents and Consenting to Treatment for Minors ++++++++++++++++++++++++++ +++ + +++ + ++++++++++++++++++++++++++ LEGAL PERSPECTIVE M D N E W S . CO M ■ MD NEWS Central New York | 1 7