Regulation detail

La. R.S. 40:1079.2

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La. R.S. 40:1079.2 active

BH provider licensure (40:2151-2161); minor consent (40:1079.1-.3)

Jurisdiction: LA Agency: Louisiana State Legislature
Plain-English summary

This Louisiana statute allows minors who are or believe themselves to be addicted to a narcotic or other drug to consent to medical or surgical care at a hospital or public clinic, or by a licensed physician, without parental or guardian consent. The consent is legally binding as if the minor were an adult and cannot be later disaffirmed. A treating physician may, but is not required to, inform a parent or guardian of the treatment provided. No hospital or physician incurs civil or criminal liability for care authorized under this section except for negligence.

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RS 40:1079.2

§1079.2. Treatment for drug abuse

A. Consent to the provision of medical or surgical care or services by a hospital or
public clinic, or to the performance of medical or surgical care or services by a physician,
licensed to practice medicine in this state, when executed by a minor who is or believes
himself to be addicted to a narcotic or other drug, shall be valid and binding as if the minor
had achieved his majority. Any such consent shall not be subject to a later disaffirmance by
reason of his minority.

B. The consent of a spouse, parent, guardian or any other person standing in a
fiduciary capacity to the minor shall not be necessary in order to authorize such hospital care
or services or medical or surgical care or services to be provided by a physician licensed to
practice medicine to such a minor. 

C. Upon the advice and direction of a treating physician, or, in the case of a medical
staff, any one of them, a physician or member of a medical staff may, but shall not be
obligated to, inform the spouse, parent or guardian of any such minor as to the treatment
given or needed, and such information may be given to, or withheld from the spouse, parent
or guardian without the consent and over the express objection of the minor.

D. No hospital and no physician licensed to practice medicine in this state shall incur
civil or criminal liability in connection with any examination, diagnosis and treatment
authorized by this Section except for negligence.

Added by Acts 1972, No. 183, §1; Redesignated from R.S. 40:1096 by HCR 84 of
2015 R.S.

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