Okla. Admin. Code § 377:3-13-138.4

Current through Vol. 42, No. 8, January 2, 2025

Section 377:3-13-138.4 - Juvenile's refusal of medical services

(a) A juvenile shall have the right to refuse non-necessary medical care.

(1) Non-necessary medical care, as determined by the physician, consists of procedures and treatments that do not pose a serious threat to the juvenile's health if not performed. If the physician determines that omission of the care poses a serious threat to the juvenile's health, the care shall be considered necessary.

(2) When a juvenile refuses non-necessary medical care, the juvenile shall complete, date, and sign the appropriate form indicating his or her refusal. The physician shall include a written explanation of the need for the care recommended and the probable consequences of not receiving the care.

(b) The secure facility shall have in place a policy that governs how to respond to a juvenile who refuses necessary medical services. It shall include the following:

(1) that the juvenile receive life sustaining emergency medical services; and

(2) that the juvenile shall receive counseling to accept necessary medical services.

(c) If the juvenile continues to refuse medical treatment, the facility administrator shall ensure that:

(1) the juvenile shall be hospitalized;

(2) the juvenile shall be referred to the court of jurisdiction as unmanageable in order to compel enforcement of necessary medical services; and

(3) the juvenile's parent or guardian shall be notified.

Okla. Admin. Code § 377:3-13-138.4

Adopted by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015