P.R. Laws tit. 8, § 1150

2019-02-20 00:00:00+00
§ 1150. Medical treatment and other issues

In order to provide any medical treatment to a minor, with the exception of surgery, the authorization of the parents shall not be necessary. When a surgical procedure or surgery is needed, authorization from only one of the parents with parental rights over the minor shall be necessary. In the event that both parents refuse to give their consent for such treatment, any relative, as well as the physician or official of the hospital where the minor is hospitalized or receiving treatment, or a social worker or Family Services Technician of the Department of the Family may petition the court for an order to authorize medical treatment for said minor. If the petition is made by someone other than the minor’s physician, a certificate from the physician who will provide the treatment to the minor must be enclosed, which shall include a brief description of the treatment and the need and urgency to provide the same. The physician shall be available for questioning by the court.

The Department shall be empowered to authorize any medical treatment and/or surgical procedures needed by the minor without prior authorization only in emergency cases.

The Department shall also have the power to make decisions or authorize the performance of any act that will benefit the minor, such as, for example, granting permission for the minor to leave Puerto Rico on vacation or to participate in sports, recreational, or educational activities.

History —Dec. 16, 2011, No. 246, § 40, eff. 90 days after Dec. 16, 2011.