14-10-19. Minor's consent for prenatal care and other pregnancy care services.
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/nd/title-14/chapter-14-10-minors/14-10-19·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. a. A physician or other health care provider may provide pregnancy testing and pain
management related to pregnancy to a minor without the consent of a parent or
guardian.
b. A physician or other health care provider may provide prenatal care to a pregnant
minor in the first trimester of pregnancy or may provide a single prenatal care visit
in the second or third trimester of pregnancy without the consent of a parent or
guardian.
c. A physician or other health care provider may provide prenatal care beyond the
first trimester of pregnancy or in addition to the single prenatal care visit in the
second or third trimester if, after a good-faith effort, the physician or other health
care provider is unable to contact the minor's parent or guardian.
d. The costs incurred by the physician or other health care provider for performing
services under this section may not be submitted to a third-party payer without
the consent of the minor's parent or guardian.
e. This section does not authorize a minor to consent to abortion or otherwise
supersede the requirements of chapter 14-02.1. 2. If a minor requests confidential services pursuant to subsection 1, the physician or
other health care professional shall encourage the minor to involve her parents or
guardian. Notwithstanding subsection 1, a physician or other health care professional
or a health care facility may not be compelled against their best judgment to treat a
minor based on the minor's own consent. 3. A physician or other health care professional who, pursuant to subsection 1, provides
pregnancy care services to a minor may inform the parent or guardian of the minor of
any pregnancy care services given or needed if the physician or other health care
professional discusses with the minor the reasons for informing the parent or guardian
prior to the disclosure and, in the judgment of the physician or other health care
professional:
a. Failure to inform the parent or guardian would seriously jeopardize the health of
the minor or her unborn child;
b. Surgery or hospitalization is needed; or
c. Informing the parent or guardian would benefit the health of the minor or her
unborn child.
14-10-20. Unaccompanied homeless minor's consent for health care. 1. As used in this section, "unaccompanied homeless minor" means a minor fourteen
years of age or older living in one of the situations described in 42 U.S.C. 11434a(2)
and who is not in the care and physical custody of a parent or legal guardian. 2. An unaccompanied homeless minor may consent to, contract for, and receive medical,
dental, or behavioral health examinations, care, or treatment without permission,
authority, or consent of a parent or guardian. Acceptable documentation demonstrating
an individual is an unaccompanied homeless minor includes:
a. A statement documenting such status, signed by a director or designee of a
governmental or nonprofit entity that receives public or private funding to provide
services to individuals who are homeless;
b. A statement documenting such status, signed by a local educational agency
liaison for homeless children and youth designated pursuant to 42 U.S.C.
11432(g)(1)(J)(ii), a local educational agency foster care point of contact
designated pursuant to 20 U.S.C. 6312(c)(5)(A), or a school social worker or
counselor;
c. A statement documenting such status, signed by an attorney representing the
individual in any legal matter; or
d. A statement documenting such status, signed by the individual and two adults
with knowledge of the individual's actual circumstances. 3. This section does not authorize an unaccompanied homeless minor to consent to an
abortion or otherwise supersede the requirements of chapter 14-02.1. 4. An unaccompanied homeless minor who is a parent may consent to, contract for, and
receive medical, dental, and behavioral health examinations, care, or treatment for the
minor's child. 5. A physician or other qualified professional licensed to practice in this state who
provides medical, dental, or behavioral health examinations, care, or treatment to an
unaccompanied homeless minor under this section may not be held liable in any civil
or criminal action for providing such services without having obtained permission from
the minor's parent or guardian. This section does not relieve the physician or other
qualified professional from liability for negligence in the diagnosis or treatment of an
unaccompanied homeless minor. 6. Identification of an individual as an unaccompanied homeless minor automatically
does not mean the individual is a neglected child as defined in section 50-25.1-02. 7. This section does not supersede the mandatory reporting requirements of section
50-25.1-03.