As our society becomes more mobile, we encounter new problems and concerns which grow out of that mobility. Business travel has become more common, and distances traveled have gotten larger. Consequently, more and more parents find themselves making business trips which may prevent them from being available in the event their child is involved in a medical emergency. Because of the reluctance of medical personnel to undertake treatment without prior authorization, this may result in delaying necessary medical treatment for the child. This risk is even greater in the case of a single parent who does not have a spouse available to cover such situations.

Recently, the Pennsylvania legislature responded to this problem by passing the "Medical Consent Act". Pursuant to this Act, a parent may now sign a "Medical Consent Authorization" which allows a relative or family friend to consent to necessary medical treatment for that parent’s child or children. The Authorization may be very broad, allowing the person to consent to all medical treatment, or it may be limited (for example, to surgical procedures). The Authorization may also specifically exclude treatments (such as dental work) if desired.

The rights conferred upon the third person do not replace those of the parent. Instead, they are a supplement to the parent’s ability to consent to treatment and may be terminated by the parent at any time. Health care providers are required to honor such Authorizations and are protected from liability for providing care to the minor without consent if the treatment was the result of good faith reliance on a Medical Consent Authorization.

The Act further provides that while the death of the parent revokes the Authorization, a subsequent disability of the parent does not (unless the Consent so indicates). Thus, the execution of an Authorization also protects your child in the event you are injured and cannot provide the necessary consent.

The Act also addresses insurance concerns, providing that insurers "shall determine whether to add a child to the insurance coverage of a person who has been authorized to consent to treatment of that child under this section." Thus, it appears that merely accepting the duty of providing consent under such an authorization does not affect the child’s insurance coverage. We would anticipate that insurers would continue to provide coverage under the existing terms of their policies whether or not a Medical Consent Authorization exists.

This Act provides parents with a valuable safety net for their children and peace of mind for themselves. If you travel, are frequently unavailable, or are a single parent, you may want to consider having a Medical Consent Authorization prepared to take advantage of this extra protection.

©2000 Gamble Mojock Piccione & Palmer, LLP