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65-2892. Examination and treatment of persons under 18 for venereal disease; liability. Any physician, upon consultation by any person under eighteen (18) years of age as a patient, may, with the consent of such person who is hereby granted the right of giving such consent, make a diagnostic examination for venereal disease and prescribe for and treat such person for venereal disease including prophylactic treatment for exposure to venereal disease whenever such person is suspected of having a venereal disease or contact with anyone having a venereal disease. All such examinations and treatment may be performed without the consent of, or notification to, the parent, parents, guardian or any other person having custody of such person. Any physician examining or treating such person for venereal disease may, but shall not be obligated to, in accord with his opinion of what will be most beneficial for such person, inform the spouse, parent, custodian, guardian or fiance of such person as to the treatment given or needed without the consent of such person. Such informing shall not constitute libel or slander or a violation of the right of privacy or privilege or otherwise subject the physician to any liability whatsoever. In any such case, the physician shall incur no civil or criminal liability by reason of having made such diagnostic examination or rendered such treatment, but such immunity shall not apply to any negligent acts or omissions. The physician shall incur no civil or criminal liability by reason of any adverse reaction to medication administered, provided reasonable care has been taken to elicit from such person under eighteen (18) years of age any history of sensitivity or previous adverse reaction to the medication.

History: L. 1969, ch. 222, § 1; L. 1972, ch. 161, § 17; July 1.

Cross References to Related Sections:

Consent by parent for medical, surgical and post mortem procedures, 38-122.

Care of unmarried pregnant minor, 38-123.

Consent by minor over 16 to medical or surgical treatment or procedures, see 38-123b.

Law Review and Bar Journal References:

"1969 Kansas Legislature—A Review of Enactment," Robert F. Bennett, 38 J.B.A.K. 89, 128 (1969).

"Treatment of Minors," 78 J.K.M.S. 32 (Aug. 1977).

"AIDS/HIV and Confidentiality: Model Policy and Procedures," Sharon Rennert, 39 K.L.R. 653, 693 (1991).

"Juvenile Informants—A Necessary Evil?" Darci G. Osther, 39 W.L.J. 106 (1999).

Attorney General's Opinions:

Family planning services for minors; parental consent. 87-66.

Kansas healing arts act; consent of unemancipated immature minor. 91-43.

"Mature" minor has capacity to consent to outpatient mental health services. 2003-35.


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