110 CMR 11.01 - Introduction
To determine who can consent to medical care, the first determination is whether an emergency exists as defined in 110 CMR 11.03 and 11.14. If it is an emergency, no one's consent is required. If there is no emergency, the question is whether the treatment is routine as defined in 110 CMR 11.04 or extraordinary as identified in 110 CMR 11.11, 11.12, 11.13, 11.14 and 11.15. If the particular treatment is not identified specifically in 110 CMR 11.00, it is necessary to weigh the factors outlined in 110 CMR 11.17 to determine whether the contemplated treatment is extraordinary. If it is not extraordinary, it is routine. There is no other possibility.
If the treatment is routine, the Department may consent. In the case of treatment for drug dependency, family planning, and treatment for a venereal disease or a disease dangerous to the public health, the consent of the minor is sufficient. If the treatment is extraordinary the Department may never consent, but must obtain parental consent for children in the care of the Department and prior judicial approval for wards and children in the custody of the Department. The terms "emergency", "routine", and "extraordinary" medical treatment are extensively defined in 110 CMR 11.00 and only those definitions apply. Neither common parlance nor medical terminology may be used in their place.
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