(a)

1. (1) It is the policy of the Division of Youth Services to afford all youth, and parents or guardians of youth, informed consent and voluntary agreement in regard to proposed elective or invasive medical treatments.
2. (2) Exceptions shall be limited to emergency medical treatments where failure or delay in receiving medical services would result in a more adverse outcome.

(g)

1. (1) The affiliated healthcare provider shall oversee the consent process in cases of need to either obtain assent from the youth or consult with the division on the matter of informed consent.

2. (2) Steps to obtain assent shall include the following:

   1. (A) Helping the youth to arrive at and understand a developmentally appropriate awareness of his or her condition and needs;
   2. (B) Telling the youth what he or she can expect with:

(i) Tests;

1. (ii) Examinations;

   1. (iii) Treatments; or

      1. (iv) Procedures;
   2. (C) Determining an impression on the youth’s understanding; and

   3. (D) Soliciting an expression or feedback on the youth’s willingness to accept or continue while also allowing opportunity for the youth to:

      1. (i) Ask questions;
      2. (ii) Seek additional clarity; or
      3. (iii) Express concerns.

(h) Informed consent information provided to parents or guardians shall include the following:

1. (1) An explanation in understandable language on the nature, condition, and proposed diagnostic steps, treatments, and procedures;
2. (2) The risks involved and the potential benefits and of any recommended alternative treatments, including the choice of no treatment; and

3. (3) An assessment of parent or guardian understanding of all information provided while allowing opportunity for them to:

   1. (A) Ask questions;
   2. (B) Seek additional clarity; or

   3. (C) Express concerns.

      1. (i) Where policies under this section conflict with state or federal law, the law shall supersede these policies.