Written By: Amber Zupancic-Albin, JD, BSN, RN
ORS 109.675 is Oregon’s law governing a minor’s right to obtain diagnosis or treatment for mental or emotional disorders or chemical dependency without parental consent. Below is a summary of minor consent laws in Oregon related to mental health, drug or alcohol treatment.
1. What is the Age of Consent in Oregon for Mental Health, Drug or Alcohol Treatment?
In Oregon, a minor who is 14 years or older may access outpatient mental health, drug or alcohol treatment (excluding methadone) by a licensed provider without parental/guardian consent.
These services may include:
• Seeking help from a PMHNP, psychiatrist or psychologist (including prescription drug therapy)
• Seeking mental health therapy from a psychologist, counselor or social worker; and
• Seeking help or treatment for drug or alcohol use.
2. Are Providers Allowed to Discuss Minor’s Mental Health/Drug and Alcohol Diagnosis/Treatment with Parents?
ORS 109.680 is Oregon’s law governing when a provider may disclose relevant health information about the minor to a parent/guardian when a minor has obtained mental health or chemical dependency treatment without the parent/guardian’s consent.
For mental health and chemical dependency services, the provider may disclose health information to a minor’s parent or guardian without the minor’s consent if:
• It is clinically appropriate and in the minor’s best interests;
• The minor must be admitted to a detoxification program; or
• The minor is at risk of dying by suicide and requires inpatient admission.
Providers shall involve parents by the end of the minor’s mental health, drug or alcohol treatment unless:
• The parent refuses involvement;
• There are clear clinical indications to the contrary exist and are documented in the treatment record, that notifying the parent/guardian would be detrimental to the health of the minor and/or parental/guardian involvement would be contrary to any prescribed treatment plans, goals or progress;
• There is identified sexual abuse by the parent/guardian; or
• The minor has been emancipated and/or separated from the parent for at least 90 days.
3. Providers Are Immune From Civil Liability
Under ORS 109.685, a provider who in good faith provides diagnosis or treatment to a minor as authorized by ORS 109.675 shall not be subject to any civil liability for providing such diagnosis or treatment without consent of the parent or legal guardian of the minor.
4. Parent Is Not Liable For Payment
Under ORS 109.690, if diagnosis or treatment serves are provided to a minor without the consent of their parent/guardian, the parent/guardian is not liable for the payment of the services provided.