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This entry was published on 2020-04-10
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SECTION 2504
Enabling certain persons to consent for certain medical, dental, health and hospital services
Public Health (PBH) CHAPTER 45, ARTICLE 25, TITLE 1
§ 2504. Enabling certain persons to consent for certain medical,
dental, health and hospital services. 1. Any person who is eighteen
years of age or older, or is the parent of a child or has married, may
give effective consent for medical, dental, health and hospital services
for himself or herself, and the consent of no other person shall be
necessary.

2. Any person who has been married or who has borne a child may give
effective consent for medical, dental, health and hospital services for
his or her child. Any person who has been designated pursuant to title
fifteen-A of article five of the general obligations law as a person in
parental relation to a child may consent to any medical, dental, health
and hospital services for such child for which consent is otherwise
required which are not: (a) major medical treatment as defined in
subdivision (a) of section 80.03 of the mental hygiene law; (b)
electroconvulsive therapy; or (c) the withdrawal or discontinuance of
medical treatment which is sustaining life functions.

3. Any person who is pregnant may give effective consent for medical,
dental, health and hospital services relating to prenatal care.

4. Medical, dental, health and hospital services may be rendered to
persons of any age without the consent of a parent, legal guardian or
person possessing a lawful order of custody when, in the physician's
judgment an emergency exists and the person is in immediate need of
medical attention and an attempt to secure consent would result in delay
of treatment which would increase the risk to the person's life or
health.

5. Where not otherwise already authorized by law to do so, any person
in a parental relation to a child as defined in section twenty-one
hundred sixty-four of this chapter and, (i) a grandparent, an adult
brother or sister, an adult aunt or uncle, any of whom has assumed care
of the child and, (ii) an adult who has care of the child and has
written authorization to consent from a person in a parental relation to
a child as defined in section twenty-one hundred sixty-four of this
chapter, may give effective consent for the immunization of a child.
However, a person other than one in a parental relation to the child
shall not give consent under this subdivision if he or she has reason to
believe that a person in parental relation to the child as defined in
section twenty-one hundred sixty-four of this chapter objects to the
immunization.

6. Anyone who acts in good faith based on the representation by a
person that he is eligible to consent pursuant to the terms of this
section shall be deemed to have received effective consent.

7. No person shall perform a pelvic examination or supervise the
performance of a pelvic examination on an anesthetized or unconscious
patient unless the person performing the pelvic examination is legally
authorized to do so and the person supervising the performance of the
pelvic examination is legally authorized to do so and:

(a) the patient or the patient's authorized representative gives prior
oral or written informed consent specific to the pelvic examination;

(b) the performance of a pelvic examination is within the scope of
care for the surgical procedure or diagnostic examination scheduled to
be performed on the patient and to which the patient has already given
oral or written consent; or

(c) the patient is unconscious and the pelvic examination is medically
necessary for diagnostic or treatment purposes, and the patient is in
immediate need of medical attention and an attempt to secure consent
would result in a delay of treatment which would increase the risk to
the patient's life or health.

Nothing in this subdivision diminishes any other requirement to obtain
informed consent for a pelvic examination or any other procedure.