KRS § 214.185 — KY Code / Title XVIII / Chapter 214 / Section 214.185
214.185 Diagnosis and treatment of disease, addictions, or other conditions of minor -- Provision of outpatient mental health counseling -- Effective consent
Status: in_force

214.185 Diagnosis and treatment of disease, addictions, or other conditions of

minor -- Provision of outpatient mental health counseling -- Effective consent.

(1) Any physician, upon consultation by a minor as a patient, with the consent of such

minor may make a diagnostic examination for venereal disease, pregnancy, or

substance use disorder and may advise, prescribe for, and treat such minor regarding

venereal disease, substance use disorder, contraception, pregnancy, or childbirth, all

without the consent of or notification to the parent, parents, or guardian of such

minor patient, or to any other person having custody of such minor patient.

Treatment under this section does not include inducing of an abortion or

performance of a sterilization operation. In any such case, the physician shall incur

no civil or criminal liability by reason of having made such diagnostic examination

or rendered such treatment, but such immunity shall not apply to any negligent acts

or omissions.

(2) Any physician may provide outpatient mental health counseling to any child age

sixteen (16) or older upon request of such child without the consent of a parent,

parents, or guardian of such child.

(3) Any qualified mental health professional, as defined by KRS 202A.011, may

provide outpatient mental health counseling to any child who is age sixteen (16) or

older and is an unaccompanied youth, as defined by 42 U.S.C. sec. 11434a(6), upon

request of such child without the consent of a parent, parents, or guardian of such

child.

(4) Notwithstanding any other provision of the law, and without limiting cases in which

consent may be otherwise obtained or is not required, any emancipated minor or any

minor who has contracted a lawful marriage or borne a child may give consent to

the furnishing of hospital, medical, dental, or surgical care to his or her child or

himself or herself and such consent shall not be subject to disaffirmance because of

minority. The consent of the parent or parents of such married or emancipated

minor shall not be necessary in order to authorize such care. For the purpose of this

section only, a subsequent judgment of annulment of marriage or judgment of

divorce shall not deprive the minor of his or her adult status once obtained. The

provider of care may look only to the minor or spouse for payment for services

under this section unless other persons specifically agree to assume the cost.

(5) Medical, dental, and other health services may be rendered to minors of any age

without the consent of a parent or legal guardian when, in the professional's

judgment, the risk to the minor's life or health is of such a nature that treatment

should be given without delay and the requirement of consent would result in delay

or denial of treatment.

(6) The consent of a minor who represents that he or she may give effective consent for

the purpose of receiving medical, dental, or other health services but who may not

in fact do so, shall be deemed effective without the consent of the minor's parent or

legal guardian, if the person rendering the service relied in good faith upon the

representations of the minor.

(7) The consent of a minor who represents that he or she may give effective consent for

the purpose of receiving outpatient mental health counseling from a qualified

mental health professional, but who may not in fact do so, shall be deemed effective

without the consent of the minor's parent or legal guardian if the person rendering

the service relied in good faith upon the representations of the minor after a

reasonable attempt to obtain parental consent or to verify the minor's age and status

as an unaccompanied youth.

(8) The professional may inform the parent or legal guardian of the minor patient of any

treatment given or needed where, in the judgment of the professional, informing the

parent or guardian would benefit the health of the minor patient.

(9) Except as otherwise provided in this section, parents, the Cabinet for Health and

Family Services, or any other custodian or guardian of a minor shall not be

financially responsible for services rendered under this section unless they are

essential for the preservation of the health of the minor.