Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 11.00 - Medical Authorizations › Section 11.17 - Other Extraordinary Medical Treatment

Current through Register 1525, July 5, 2024
(1) Recognizing that it is impossible to
			 itemize every extraordinary medical treatment, the Department shall utilize the
			 following factors to determine whether a medical treatment is extraordinary:
(a) Complexity, risk and novelty of the
			 proposed treatment: The more complex the treatment, the greater the risk of
			 death or serious complications, the more experimental the procedure, then the
			 greater the need to determine that the treatment is extraordinary, and to
			 obtain parental consent or to seek judicial approval prior to authorizing
			 treatment. See
In the Matter of Guardianship of Richard Roe
			 III
, 421 N.E.2d 40, 53 (1981).
In the Matter of
			 Spring
, 405 N.E.2d 115 (1980).
In the Matter of Moe
,
			 432 N.E.2d 712 (1982).
(b) Possible
			 side effects: The more serious and permanent the side effect, the greater the
			 need to determine that the treatment is extraordinary, and to obtain parental
			 consent or to seek judicial approval prior to authorizing treatment. See
Superintendent of Belchertown State School v. Saikewicz
, 370
			 N.E.2d 417 (1977).
Rogers v. Commissioner of DMH
, 390 Mass.
			 489, 501-502 (1983).
In the Matter of Guardianship of Richard Roe
			 III
, 421 N.E.2d 40 (1981).
Custody of a Minor
, 385
			 Mass. 697, 434 N.E.2d 601 (1982).
(c) Intrusiveness of proposed treatment: The
			 more intrusive the treatment the greater the need to determine that the
			 treatment is extraordinary, and to obtain parental consent or prior judicial
			 approval. See
In the Matter of Hier
, 18 Mass. App. Ct. 200,
			 464 N.E.2d 959, (1984).
Superintendent of Belchertown State School v.
			 Saikewicz
,
supra
.
In The Matter of
			 Moe
,
supra
.
In The Matter of Spring
,
supra
.
(d)
			 Prognosis with and without treatment: The less clear the benefit from the
			 proposed treatment the greater the need for parental consent or prior judicial
			 approval. See Superintendent of Belchertown State School v. Saikewicz, supra;
			 Custody of a Minor, 385 Mass. 697, 434 N.E.2d 601 (1982); In The Matter of
			 Spring, supra.
(e) Clarity of
			 professional opinion: The more divided the medical opinion, the greater the
			 need for parental consent or prior judicial approval. See In The Matter of
			 Spring, supra.
(f) Presence or
			 absence of an emergency: In a medical emergency a physician can act without
			 anyone's consent. See M.G.L. c. 112, § 12F.
(g). Prior judicial involvement: if a court
			 has been involved in past medical decisions, this argues for judicial
			 involvement in any future medical treatment decision, but this is not
			 conclusive. See In The Matter of Guardianship of Richard Roe III, supra at
			 56.
(h) Conflicting Interests:
			 Where the interests of the decision maker conflict with the interests of the
			 child, there is greater need for obtaining parental consent or prior judicial
			 approval. In the Matter of Guardianship of Richard Roe III, 421 N.E.2d 40
			 (1981).