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.

[Source: Added at 32 Ok Reg 1980, eff 9-11-15]