NY Pub Health L § 2504 (2021)
2021 New York Laws PBH - Public Health Article 25 - Maternal and Child Health Title 1 - General Provisions 2504 - Enabling Certain Persons to Consent for Certain Medical, Dental, Health and Hospital Services.

§  2504.  Enabling  certain  persons  to  consent for certain medical, dental, health and hospital services. 1.  Any  person  who  is  eighteen years  of  age or older, or is the parent of a child or has married, may give effective consent for medical, dental, health and hospital services for himself or herself, and the consent of  no  other  person  shall  be necessary.   2.  Any  person who has been married or who has borne a child may give effective consent for medical, dental, health and hospital services  for his  or  her child. Any person who has been designated pursuant to title fifteen-A of article five of the general obligations law as a person  in parental  relation to a child may consent to any medical, dental, health and hospital services for such child  for  which  consent  is  otherwise required  which  are  not:  (a)  major  medical  treatment as defined in subdivision (a)  of  section  80.03  of  the  mental  hygiene  law;  (b) electroconvulsive  therapy;  or  (c) the withdrawal or discontinuance of medical treatment which is sustaining life functions.   3. Any person who is pregnant may give effective consent for  medical, dental, health and hospital services relating to prenatal care.   4.  Medical,  dental,  health and hospital services may be rendered to persons of any age without the consent of a parent,  legal  guardian  or person  possessing  a  lawful  order of custody when, in the physician's judgment an emergency exists and the person  is  in  immediate  need  of medical attention and an attempt to secure consent would result in delay of  treatment  which  would  increase  the  risk to the person's life or health.   5. Where not otherwise already authorized by law to do so, any  person in  a  parental  relation  to  a  child as defined in section twenty-one hundred sixty-four of this chapter and,  (i)  a  grandparent,  an  adult brother  or sister, an adult aunt or uncle, any of whom has assumed care of the child and, (ii) an adult who  has  care  of  the  child  and  has written authorization to consent from a person in a parental relation to a  child  as  defined  in  section twenty-one hundred sixty-four of this chapter, may give effective consent for the  immunization  of  a  child. However,  a  person  other  than one in a parental relation to the child shall not give consent under this subdivision if he or she has reason to believe that a person in parental relation to the child  as  defined  in section  twenty-one  hundred  sixty-four  of this chapter objects to the immunization.   6. Anyone who acts in good faith based  on  the  representation  by  a person  that  he  is  eligible  to consent pursuant to the terms of this section shall be deemed to have received effective consent.   7. No person shall perform  a  pelvic  examination  or  supervise  the performance  of  a  pelvic examination on an anesthetized or unconscious patient unless the person performing the pelvic examination  is  legally authorized  to  do  so and the person supervising the performance of the pelvic examination is legally authorized to do so and:  (a) the patient or the patient's authorized representative gives prior oral or written informed consent specific to the pelvic examination;  (b) the performance of a pelvic examination is  within  the  scope  of care  for  the surgical procedure or diagnostic examination scheduled to be performed on the patient and to which the patient has  already  given oral or written consent; or  (c) the patient is unconscious and the pelvic examination is medically necessary  for  diagnostic  or treatment purposes, and the patient is in immediate need of medical attention and an  attempt  to  secure  consent would  result  in  a delay of treatment which would increase the risk to the patient's life or health.    Nothing in this subdivision diminishes any other requirement to obtain informed consent for a pelvic examination or any other procedure.