§ 22.11 Treatment of minors.\n (a) For the purposes of this section, the word "minor" shall mean a\nperson under eighteen years of age, but does not include a person who is\nthe parent of a child or has married or who is emancipated, or is a\nhomeless youth, as defined in section five hundred thirty-two-a of the\nexecutive law, or receives services at an approved runaway and homeless\nyouth crisis services program or a transitional independent living\nsupport program as defined in section five hundred thirty-two-a of the\nexecutive law.\n (b) In treating a minor for chemical dependence on an inpatient,\nresidential, or outpatient basis, the important role of the parents or\nguardians shall be recognized. Steps shall be taken to involve the\nparents or guardians in the course of treatment, and consent from such a\nperson for inpatient, residential, or outpatient treatment for minors\nshall be required, except as otherwise provided by subdivision (c) of\nthis section.\n (c) Minors admitted for inpatient, residential or outpatient treatment\nwithout parental or guardian involvement.\n 1. If, in the judgment of a physician, parental or guardian\ninvolvement and consent would have a detrimental effect on the course of\ntreatment of a minor who is voluntarily seeking treatment for chemical\ndependence or if a parent or guardian refuses to consent to such\ntreatment and the physician believes that such treatment is necessary\nfor the best interests of the child, such treatment may be provided to\nthe minor by a licensed physician on an inpatient, residential or\noutpatient basis, a staff physician in a hospital, or persons operating\nunder their supervision, without the consent or involvement of the\nparent or guardian. Such physician shall fully document the reasons why\nthe requirements of subdivision (b) of this section were dispensed\nwithin the minor's medical record, provided, however, that for providers\nof services which are not required to include physicians on staff,\npursuant to regulations promulgated by the commissioner, a qualified\nhealth professional, as defined in such regulations, shall fulfill the\nrole of a physician for purposes of this paragraph.\n 2. If the provider of services cannot locate the parents or guardians\nof a minor seeking treatment for chemical dependence after employing\nreasonable measures to do so, or if such parents or guardians refuse or\nfail to communicate with the provider of services within a reasonable\ntime regarding the minor's treatment, the program director may authorize\nthat such minor be treated on an inpatient, residential or outpatient\nbasis by the provider of services without the consent or involvement of\nthe parent or guardian. Such program director shall fully document the\nreasons why the requirements of subdivision (b) of this section were\ndispensed within the minor's medical record, including an explanation of\nall efforts employed to attempt to contact such parents or guardians.\n 3. Admission and discharge for inpatient or residential treatment\nshall be made in accordance with subdivision (d) of this section.\n (d) Inpatient or residential treatment. 1. Admission procedures. (i) A\ncopy of the patient's rights established under this section and under\nsection 22.03 of this article shall be given and explained to the minor\nand to the minor's consenting parent or guardian at the time of\nadmission by the director of the facility or such person's designee.\n (ii) The minor shall be required to sign a form indicating that the\ntreatment is being voluntarily sought, and that he or she has been\nadvised of his or her ability to access the mental hygiene legal service\nand of his or her rights under this section and section 22.03 of this\narticle. The signed form shall be included in the minor's medical\nrecord.\n (iii) At the time of admission, any minor so admitted shall be\ninformed by the director of the facility or the director's designee,\norally and in writ
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