431.061. Consent to surgical or medical treatment, who may give, when. - Missouri Statutes

Consent to surgical or medical treatment, who may give, when.

431.061. 1. In addition to such other persons as may be soauthorized and empowered, any one of the following persons ifotherwise competent to contract, is authorized and empowered toconsent, either orally or otherwise, to any surgical, medical, orother treatment or procedures not prohibited by law:

(1) Any adult eighteen years of age or older for himself;

(2) Any parent for his minor child in his legal custody;

(3) Any minor who has been lawfully married and any minorparent or legal custodian of a child for himself, his child andany child in his legal custody;

(4) Any minor for himself in case of:

(a) Pregnancy, but excluding abortions;

(b) Venereal disease;

(c) Drug or substance abuse including those referred to inchapter 195, RSMo;

(5) Any adult standing in loco parentis, whether servingformally or not, for his minor charge in case of emergency asdefined in section 431.063;

(6) Any guardian of the person for his ward;

(7) During the absence of a parent so authorized andempowered, any adult for his minor brother or sister;

(8) During the absence of a parent so authorized andempowered, any grandparent for his minor grandchild;

(9) "Absence" as used in (7) and (8) above shall mean absentat a time when further delay occasioned by an attempt to obtain aconsent may jeopardize the life, health or limb of the personaffected, or may result in disfigurement or impairment offaculties.

2. For purposes of consent to hospitalization or medical,surgical or other treatment or procedures, a "minor" shall bedefined as any person under eighteen years of age and an "adult"shall be defined as any person eighteen years of age or older.

3. The provisions of sections 431.061 and 431.063 shall beliberally construed, and all relationships set forth insubsection 1 of this section shall include the adoptive andstep-relationship as well as the natural relationship and therelationship by the half blood as well as by the whole blood.

4. A consent by one person so authorized and empowered shallbe sufficient notwithstanding that there are other persons soauthorized and empowered or that such other persons shall refuseor decline to consent or shall protest against the proposedsurgical, medical or other treatment or procedures.

5. Any person acting in good faith and not having been puton notice to the contrary shall be justified in relying on therepresentations of any person purporting to give such consent,including, but not limited to, his identity, his age, his maritalstatus, and his relationship to any other person for whom theconsent is purportedly given.

(L. 1971 H.B. 73 § 1, A.L. 1977 S.B. 48)

CROSS REFERENCES:

Consent to immunization may be delegated to other persons, when, RSMo 431.058

Mandatory insurance coverage of immunizations, exceptions, RSMo 376.1215

(1985) Section 431.062, RSMo, requires that a parent must expressly agree to pay for any treatment provided under this section, or he is not liable for such payment. Missouri Osteopathic Foundation v. Ott, (A.) 702 S.W.2d 495.