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Treating Minors: What You Need To Know About Minor Consent Law

By Adrienne Hersh, JD, ICS Legal Counsel · April 30, 202514 min read
Chiropractic physician treating a minor
Treating Minors: What You Need To Know About Minor Consent Law
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Historically, minors had no right to consent to their own health care treatment.  Illinois law required providers to obtain a parent’s or guardian’s consent to treat any minor person, defined in Illinois as an individual under the age of 18.  However, that rule sometimes created a barrier to care when the parent was unavailable — for example, when the minor was living independently of the parents.  Additionally, even when parents were available, the patient may have been reluctant to share with the doctor critical but sensitive information, knowing that the doctor would have to disclose it to the parent.

To address those issues, in 1990, the legislature passed the original Consent by Minors to Medical Procedures Act. This law carved out exceptions to parental consent by allowing certain groups of minors (such as married minors) to consent to, and maintain the confidentiality of, their own medical care. However, the law applied only to consent for care rendered by medical and osteopathic physicians, advanced practice nurses, physician assistants, and dentists, thus excluding care rendered by chiropractic physicians (and licensed optometrists).

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About the Author

Adrienne serves as Illinois Chiropractic Society general counsel and provides legal advice and support on a wide range of legal issues affecting chiropractic physicians, including licensing and other health care regulations, scope of practice, insurance and reimbursement, business structuring, labor and employment, contracts, and litigation. Adrienne previously served for 8 years as general counsel to the Illinois Department of Professional Regulation (now the Division of Professional Regulation, Department of Financial and Professional Regulation), where she was chief legal counsel responsible for overseeing all legal issues and advising the 50+ licensing and disciplinary boards, including the Medical Disciplinary Board and the Medical Licensing Board. She is a member of the Illinois State Bar Association Health Care Section, the Illinois Association of Healthcare Attorneys, and the National Association of Chiropractic Attorneys.

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