Consent of parents required for surgical procedures upon minor; exception; classification

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36-2271. Consent of parents required for surgical procedures upon minor; exception; classification

A. Except as otherwise provided by law, no person, corporation, association, organization, state-supported institution, or individual employed by any of same may procure, solicit to perform, arrange for the performance of, or perform surgical procedures upon a minor without first obtaining a written consent of a parent or legal guardian of the minor.

B. No health care institution as defined in section 36-401 may permit surgical procedures to be performed upon a minor in its facilities without first having received a written consent from a parent or legal guardian of the minor.

C. The provisions of this section shall not apply when it has been determined by a physician that an emergency exists and that it is necessary to perform such surgical procedures for the treatment of a serious disease, injury or drug abuse, or to save the life of the patient, or when such parent or legal guardian cannot be located or contacted after reasonably diligent effort.

D. A person who violates a provision of this section is guilty of a class 1 misdemeanor.


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