State and Local Laws Involving Children in Research

I.04

State and Local Laws Involving Children in Research

Objective

It is the policy of The University of Texas Health Science Center at Houston (UTHSC-H) to comply with federal, state, local, and institutional regulations and policies involving human research protection. This Policy and Procedure outlines state/local regulations that impact human research involving children.

Policy/Procedure

I. Texas law on age of majority – The age of majority in Texas is 18 (with the exception of consumption of alcoholic beverages where the legal age limit is 21) but special rules for minors may also be inapplicable to someone under 18 years of age who has had the disabilities of minority removed.

II. Texas law on consent to medical treatment will be applied to research consent matters unless clearly inapplicable because there is no applicable Texas law specific to research consent. Federal guidelines specific to research involving children defer to state law on matters that require defining “adult” and “child.”

III. Texas law on Consent to Treatment of Children: A child may consent to medical, dental, psychological, and surgical treatment for the child by a licensed physician or dentist under certain limited conditions that include if the child:

A. Is on active duty with the armed services of the United States of America;

B. Is legally married;

C. Is 16 years of age or older and resides separate and apart from the child's parents, managing conservator, or guardian and manages his/her own financial affairs regardless of the source of funds;

D. Consents to diagnosis/treatment of infectious, contagious, or communicable disease that is required by law or a rule to be reported by the licensed physician or dentist to a local health officer or Texas Department of Health;

E. Is unmarried and pregnant and consents to hospital, medical, or surgical treatment, other than abortion, related to the pregnancy;

F. Consents to examination and treatment for drug or chemical addiction, drug or chemical dependency, or any other condition directly related to drug or chemical use; or

G. Is unmarried, is the parent of a child, and has actual custody of his or her child and consents to medical, dental, psychological, or surgical treatment for the child.

IV. A licensed physician, dentist, or psychologist may, with or without the consent of a child who is a patient, advise the parents, managing conservator, or guardian of the child of the treatment given to or needed by the physician, dentist, psychologist, hospital, or medical facility may rely on the written statement of the child containing the grounds on which the child has capacity to consent to the child's medical treatment.

Applicable Regulations and Guidelines
Texas Civil Practice & Remedies Code Chapter 129 Age of Majority (http://tlo2.tlc.state.tx.us/statutes/cp.toc.htm)

Texas Statutes Health & Safety Code Chapter 313. Consent to Medical Treatment Act (http://tlo2.tlc.state.tx.us/statutes/hs.toc.htm)

Texas Statutes Family Code Title 2. Chapter 32 Subchapter A. Consent to Treatment of Child by Non-Parent or Child (http://tlo2.tlc.state.tx.us/statutes/docs/FA/content/htm/fa.002.00.000032.00.htm)

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Updated 5/2007, Report broken links