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YOU ARE HERE : HOME / HIPAA Frequently Asked Questions / PERSONAL REPRESENTATIVES FAQ 2

2. Who can act as a personal representative of a minor under Oklahoma law for purposes of seeking medical services?

Either parent (unless otherwise restricted by a court order), the legal guardian, or the legal custodian appointed by a court may act as a minor's personal representative under Oklahoma law.

A minor may act on his/her own behalf for purposes of seeking medical services in the following instances:

a. Any minor who is married, has a dependent child or is emancipated.

b. Any minor who is separated from his/her parents or legal guardian and is not supported by them.

c. Any minor who is or has been pregnant, afflicted with any reportable communicable disease, drug and substance abuse or abusive use of alcohol, but only if the minor is seeking treatment, diagnosis or prevention services related to such conditions. If the minor is found not to be pregnant, suffering from a communicable disease, drug or substance abuse, nor abusive use of alcohol, University Personnel shall not reveal any information to the spouse, parent or personal representative of the minor without the minor's consent.

d. Any minor as to his/her minor child.

e. The spouse of a minor if the minor is incapable of consenting because of physical or mental incapacity.

f. Any minor who by reason of physical or mental capacity cannot give consent and has no known relatives or legal guardian, if two physicians agree on the health service to be given.

g. Any minor in need of emergency services for conditions which will endanger his health or life if delay would result by obtaining consent from his spouse, parent or legal guardian; provided, however, that the prescribing of any medicine or device for the prevention of pregnancy shall not be considered such an emergency service.

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