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Inconsistency Among American States on the Age at Which Minors Can Consent to Substance Abuse Treatment

Dr. Weisleder is Associate Professor of Pediatric Neurology, Department of Neurology, The Children's Medical Center of Dayton, Dayton, OH. Address correspondence to: Pedro Weisleder, MD, PhD, Department of Neurology, The Children's Medical Center of Dayton, One Children's Plaza, Dayton, OH 45404-1815. E-mail: weislederp{at}childrensdayton.org

In a recent publication, the lack of consensus among U.S. laws regarding the age at which minors may consent to confidential treatment for abuse of illegal substances was highlighted. This article reports the results of an investigation of the information used by legislators to determine the age at which minors may consent to treatment. Evidence indicates that in four states lawmakers considered the advice of mental health professionals before making age determinations. In six states "consistency with other state laws" or "precedence" was the lawmakers' major consideration. In five states, the main concern was removing legal barriers to treatment access. Lawmakers from several states had no independent recollection regarding the motives behind age selection. When deciding on the age at which minors would be allowed to consent to substance abuse treatment, some state legislators based their decisions on clinical data or legal facts. Some, however, appear to have made decisions without a clear foundation.

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