KNOW YOUR
RIGHTS
Minors’ Consent & Access
to Healthcare Services
Are You Puzzled?
As a young person with special healthcare needs,
you may have questions about your rights and
who can access your health information. This
guide will help you understand your rights
as a minor, including:
1. Which services you can receive
without parental consent.
2. When a parent can access
your health information.
3. When a provider needs your
consent before sharing your
health information.
We encourage you to seek care and
know what will be kept private and
confidential. Please be sure to talk
to your doctor if you have concerns
for your privacy or safety.
DSCC Is
Here to Help
The Division of Specialized Care for
Children (DSCC) team is here to support
independence in your care and health
decisions. We can answer your questions
and connect you to the right resources.
Who is Considered a
Minor and Why Does
It Matter?
Under Illinois law, anyone
under the age of 18 is
considered a minor.
[Probate Act of 1975,
755 ILCS 5/11-1]
A minor often needs
parental or guardian
consent for most
healthcare services.
However, you can access
some services on your own.
Exceptions to when you can consent for
yourself depends on your legal status,
medical condition or treatment.
Knowing this information can help you,
your family and your providers plan for
the most appropriate health services.
A minor is A minor is
any person any person
under the under the
age of 18.age of 18.
A minor
is any
person
under
the age
of 18.
What is Consent?
Patient consent is admitting
(authorizing) any or all the following:
• You understand the treatment you wil
receive.
• You approve the treatment.
• You understand how private
information will be shared.
Informed consent occurs when your healthcare
provider talks to you about your care, treatment,
etc. and any questions you have before it begins.
All consent should be informed consent.
[PUBLIC HEALTH (410 ILCS 50/) Medical Patient Rights Act]
Below are examples of when your written consent
is needed:
• If someone outside of your healthcare system
requests your health records.
• If you want someone else to have access to
your health information.
DSCC staff will ask for your consent (all partic-
ipants age 12 and up) to partner with you and
your care team.
Sharing, Protecting
and Accessing Health
Information
Health records include personal health
and other identifying information. There
are laws that help make sure your health
information is only shared with those
authorized to receive this information.
A few forms of protection are:
• Confidentiality is an agreement
between you and your provider to
ensure your personal information
is only shared with those who have
your permission. For the most part,
providers are not allowed to share
private health information with any-
one unless a signed release of infor-
mation is on file.
• National laws such as the Health Insurance Portability and Accountability Act (HIPAA) and
Family Educational Rights and Privacy Act (FERPA) help protect patient confidentiality.
There are times when health information can or must be shared, called mandatory reporting.
Mandatory reporters include certain health and social service staff. DSCC must notify authorities
if there are health or safety concerns about a minor child, even if the minor provided this informa-
tion in confidence. These concerns can include abuse, neglect or imminent harm to the minor or
another person.
Health Services and Consent
As a general matter, Illinois law requires a minor who seeks medical treatment to have consent
from a parent or guardian. Minors often get help from many adults to make healthcare decisions.
There may be times when you do not need or want help from these adults. You may be able to
request certain levels of confidentiality or consent to healthcare based on your age or legal
status. Here is a brief list of common services and consent needed in Illinois based on age:
Consent to Medical Treatment Based on AgeConsent to Medical Treatment Based on Age
17+
years
• Outpatient counseling or psychotherapy, no limitations.
• Donate blood without written permission from your parent or guardian.
16+
years
• Voluntary inpatient admission to a mental health facility if you complete the appli-
cation on your own, but your parent or guardian must be notified. [405 ILCS 5/3-502]
• Donate blood with written permission from your parent or guardian.
14+
years
• Primary care under certain circumstances if:
a) living separately from your parents or legal guardian,
b) unable or unwilling to return to parent’s residence, and
c) managing your own personal affairs.
12+
years
• Healthcare services or counseling services, mental health services, drug and alcohol
treatment without parental consent.
• A minor who is an addict, an alcoholic or an intoxicated person or a minor who has
a family member who abuses drugs or alcohol, may give consent to related medical
care or counseling.
-- Providers for drug or alcohol treatment are expected to make reasonable efforts
to involve your family upon minor’s consent, when it is not harmful to your prog-
ress and care. Reasonable effort will be given to help you accept your family’s
involvement.
• Minors ages 12 to 16 may request outpatient counseling or psychotherapy without
parental consent but are limited to a certain number of sessions. Your parents will
not be informed without your consent unless the facility director believes such dis-
closure is necessary. [405 ILCS 5/3-501]
-- Note that minors 12+ years old can object to involuntary inpatient mental health
services. If you object, the facility must discharge you.
• STD and HIV testing, including anonymous HIV testing. [410 ILCS 210/4]
Minors
of any
age
• Emergency medical treatment, when the provider believes getting parental consent
is not feasible without harming the minor's health. [410 ILCS 210/3(a)]
• Healthcare services for your child.
• Birth control services, if failure to provide such services creates a serious health
hazard, or if referred for such services.
• Where a minor is the alleged victim of a criminal sexual assault, or criminal sexual
abuse, the consent of the minor’s parent or legal guardian is not needed to access
medical care or counseling related to the diagnosis or treatment of any disease or
injury arising from such an offense. [410 ILCS 210/3(b)]
Consent to Medical Treatment Based on Minors’ Legal StatusConsent to Medical Treatment Based on Minors’ Legal Status
Married
(treatment includes birth control services)
A Parent
(treatment includes birth control services
and treatment for his/her child)
Pregnant
(treatment includes birth control services
and abortion; an abortion requires 48 hours
notice to an adult family member unless an
exception applies)
Emancipated
(a person 16 or older may be emancipated
or partially emancipated by a court when
certain conditions are met.)
[750 ILCS 30/1 et seq]
Minors may consent to any Minors may consent to any
medical treatment ifmedical treatment if
GENERAL MEDICAL TREATMENT:GENERAL MEDICAL TREATMENT: A minor
who is married, pregnant, or a parent
can consent to medical or surgical care,
including abortion. Such minor is deemed
to have the same rights (including right to
confidentiality) as people 18 years of age
and older. [410 ILCS 210/1]
TEEN PARENTS’ CHILDREN:TEEN PARENTS’ CHILDREN: A parent who
is a minor may consent for his or her
child for medical, surgical or dental care.
[410 ILCS 210/2]
BIRTH CONTROL:BIRTH CONTROL: A minor who is married,
a parent, pregnant or referred for birth
control services by a physician, clergyman
or a Planned Parenthood, or where a
serious health hazard would result from
the failure to provide such services
(under the age of 18 years), can access
birth control services without the consent
of parents or guardians. [325 ILCS 10/1]
Health Services and Consent Cont.
DSCC Is Here to Help
The Division of Specialized Care for Children (DSCC) team is here to support independence in your
care and health decisions. We can answer your questions and connect you to the right resources.
Contact us at:
(800) 322-3722
dscc.uic.edu
42.24 (New 04/21) The University of Illinois at Chicago
Disclaimer: This guide is not a legal document.
It gives a brief review of Illinois laws to the
best of our understanding and an overview of
UIC Division of Specialized Care for Children’s
policies.
Sources: http://www.cico-il.org/legislation/childrens_health.html. This document originated with the Illinois Caucus for Adolescent Health and
has been modified and updated by CICO to link with the specific legislative acts, www.icah.org. Website for teens in Illinois: allteenhealth.com,
developed in collaboration with the American Civil Liberties Union of Illinois.
Illinois Health and Hospital Association online https://www.team-iha.org/files/non-gated/legal/consent-by-minors.aspx?ext=.
