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