Healthcare Rights of Youth in Illinois (updated January 2018)

Terms to Know

• legal rights: protections we are given by law
• state laws: written statements passed by the Illinois General Assembly and signed by the Illinois Governor
• healthcare provider: this could be a doctor, nurse, nurse practitioner, midwife, counselor, social worker, or other professional
• minor: in Illinois, a minor is someone under the age of 18
• mature minor: in Illinois, a mature minor is someone under the age of 18 who is married, pregnant, or a parent
• confidential: something that will be kept private
  • in Illinois, youth have the right to confidentiality when talking to healthcare providers or getting a procedure
  • exceptions to confidentiality
    • cases of abuse and neglect by a family member, guardian, or caretaker (source: 325 ILCS5/Abused and Neglected Child Reporting Act)
    • may pose a danger to others
    • may pose a danger to themselves

Services & Laws

• General Healthcare
  • No consent needed by parent or guardian if a minor is married, pregnant, or a parent. Consent is needed for minors if they do not meet these qualifications.
    • Individual clinics may have their own policy or practice as consent is different from notification.
  • See 410 ILCS/Consent by Minors to Medical Procedure Act.
• Pregnancy Testing
  • No consent needed by parent or guardian for OTC pregnancy tests. In-office pregnancy tests may fall under "General Healthcare."
• Parenting
  • No consent needed by parent or guardian, as prenatal care is "General Healthcare."
• Abortion
  • Parent or guardian must be notified 48 hours prior to minor's abortion procedure. Consent is not needed.
    • Notification may be waived by judicial bypass (court order).
  • See 750 ILCS 70/Parental Notice of Abortion Act.
• Barrier Methods/Condoms
  • No consent needed by parent or guardian for external condoms, but internal condoms now require a prescription.
    • Available for purchase or for free in many locations.
• Emergency Contraception
  • Plan B One-Step and generics available OTC without consent or a prescription. Other versions require a prescription for 16 and younger, but no consent is required at the pharmacy.
    • See below for sexual assault-specific regulations.
• Hormonal Methods
  • No additional consent needed by parent or guardian for youth 12 and older.
  • See 325 ILCS 10/Birth Control Services to Minors Act.
• HPV Vaccine
  • Consent needed by parent or guardian as it's a vaccine, but consent can be bypassed in some cases if minor thinks they were exposed to HPV.
• STI/HIV Testing and Treatment
  • No consent needed by parent or guardian for youth 12 and older.
    • Providers are not required to share results with parent or guardian by are allowed to.
  • See 410 ILCS 210/Consent by Minors to Medical Procedure Act.
• Sexual Violence and Assault
  • No consent needed by parent of guardian for:
    • making a police report
    • consenting to healthcare at the hospital, including treatment for STIs, HIV, and emergency contraception
    • consenting to evidence collection and release
    • 90 days of follow-up medical care
    • 5 counseling sessions at a rape crisis center (12-16 years old)
    • determining of parameters of confidentiality (12 and older)
  • Protective orders require someone 18+, but it does not have to be a parent or guardian.
  • See 410 ILCS 70/Sexual Assault Survivors Emergency Treatment Act and 410 ILCS 210/Consent by Minors to Medical Procedure Act.
• Outpatient Mental Health
  • 12-16 years old
    • No consent needed by parent or guardian for eight 90-min. sessions.
    • Consent needed to continue unless counselor believes it's in the minor's best interest to continue or that parental involvement would be detrimental to minor's well-being.
  • 17 and older
    • No consent needed by parent or guardian.
  • See 405 ILCS 5/Mental Health & Developmental Disabilities Code. Effective 1/1/18; was previously limited to five 45-min. sessions.
• Inpatient Mental Health
  • Voluntary admission without parental consent at 16 years old, but parent or guardian is informed immediately.
  • Involuntary admission by a parent or guardian is possible, but a minor 12 years or older can object and be released within 15 business days.
  • See 405 ILCS 5/Mental Health & Developmental Disabilities Code.
• Substance Use Treatment
  • No consent needed by parent or guardian for youth 12 and older for inpatient or outpatient. Family involvement or release of information is only allowable with the youth's consent.
  • See 410 ILCS 210/Consent by Minors to Medical Procedure Act

Advocating for Youth Rights in Healthcare with Parents: effective communication skills cheat sheet

1. Affirm the parent's questions and experiences with empathy. Don't get defensive or take it personally if they are upset about the policies/laws.
2. Lead by listening. Ask open-ended questions to better understand the parent's concerns so that they don't feel dismissed.
3. Avoid complicated language. Provide reference materials about the policies/laws and break down what they mean and why they were enacted.
4. Be in partnership with the parent. Acknowledge the parent wants to keep their child safe and healthy and that you do, too!
5. Encourage parents to communicate with their child in all areas, but point out that some topics are harder than others.
6. Empower the parent and the child by gradually shifting more of the decision-making responsibilities from the parent to the child. This puts the child on a great path of taking charge of their health for the rest of their lives and making healthy decisions.