Brighton, CO asked in Health Care Law and Medical Malpractice for Colorado

Q: In Colorado, is it lawful for a psychiatrist to prescribe anti-depressants to a minor of 15 without parental consent?

I am aware that in the state of CO, minors of 15 may consent to some treatment, but I have also been informed that "a parent has to consent to medical treatments for a child under 18, unless the child is at least 15 years old, is living away from his or her parents, and is paying his or her own expenses." These conditions do not apply in this instance. Additionally, 27-65-103. Voluntary applications for mental health services does state:

"a minor who is fifteen years of age or older, whether with or without the consent of a parent or legal guardian, may consent to receive mental health services to be rendered by a facility or by a professional person or mental health professional licensed pursuant to part 3, 4, 5, 6, or 8 of article 43 of title 12, C.R.S., in any practice setting." But parts 3, 4, 5, 6 and 8 of article 43 of title 12 C.R.S. do not include medical docs (psychiatrists are med docs) who prescribe medications.

So, should parental consent have been required for meds?

1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

A: This is a direct legal question. Justa's Q&A is not intended to provide specific legal opinions or advice because this would create an attorney-client relationship. You will need to contact an attorney directly.

As a general rule, the practice you mentioned is allowed. There are some exceptions, but this is something you will need to contact (and pay for) a lawyer's opinion in a private setting.

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