The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6682 May 21, 1991 MINORS: The Public Health Code does not require parental consent for substance abuse counseling and treatment SUBSTANCE ABUSE COUNSELING AND TREATMENT: The Public Health Code does not require parental consent for minors The Legislature, in adopting the Public Health Code, did not require publicly funded substance abuse programs to obtain the permission of a parent or adult guardian prior to providing counseling and treatment to a person under 18 years of age provided the minor is or professes to be a substance abuser and executes a consent in his or her own right. Michigan law does not distinguish between different age groups of minors in terms of requiring parental consent for substance abuse counseling and treatment. Honorable Frank M. Fitzgerald State Representative The Capitol Lansing, Michigan You have requested my opinion on two questions which may be stated as follows: Does Michigan law require that a substance abuse program receiving funding from both public and private sources obtain the permission of a parent or adult guardian prior to providing counseling and treatment to a person under 18 years of age? Under Michigan law are there any distinctions between different age groups of minors in terms of requiring parental consent for substance abuse counseling and treatment? The Public Health Code, MCL 333.1101 et seq; MSA 14.15(1101) et seq, contains a number of provisions pertaining to the delivery of substance abuse services. Pursuant to Sec. 6102(2) of the Public Health Code, MCL 333.6102(2); MSA 14.15(6102)(2), " 'Alcohol and drug abuse counseling' " is defined as "the act of counseling, modification of substance abuse related behavior, and prevention techniques for substance abusers, their significant others, and potential substance abusers." " 'Substance abuse treatment and rehabilitation services' " is defined by Sec. 6107(5) of the Public Health Code, MCL 333.6107(5); MSA 14.15(6107)(5), as: [T]he providing of identifiable services including: (a) Crisis intervention counseling services for individuals who are current or former substance abusers. (b) Referral services for individuals who are substance abusers, their families, and the general public. (c) Planned treatment services, including chemotherapy, counseling, or rehabilitation for individuals physiologically or psychologically dependent upon or abusing alcohol or drugs. " 'Treatment' " is defined by Sec. 6107(7) of the Public Health Code, MCL 333.6107(7); MSA 14.15(6107)(7), as: [A]n emergency, outpatient, intermediate, or inpatient service and care, and may include diagnostic evaluation, medical, psychiatric, psychological, social service care, and referral services which may be extended to an individual who is or appears to be incapacitated. In OAG, 1989-1990, No 6596, p 195 (August 9, 1989), it was concluded that a school district may not release an unemancipated minor student from school for the specific purpose of non-emergency medical attention without the consent of the student's parent or guardian. It was noted therein that, in addition to the absence of authority in the School Code of 1976 (1) for such action, physicians may not treat unemancipated minors without parental consent in the absence of a medical emergency unless the Legislature expressly authorizes such treatment. With respect to substance abuse treatment and counseling, however, the Legislature has made express provision. Section 6121(1) of the Public Health Code, MCL 333.6121(1); MSA 14.15(6121)(1), provides in pertinent part: The consent to the provision of substance abuse related medical or surgical care, treatment, or services by a hospital, clinic, or health professional authorized by law executed by a minor who is or professes to be a substance abuser is valid and binding as if the minor had achieved the age of majority. The consent is not subject to later disaffirmance by reason of minority. The consent of any other person, including a spouse, parent, guardian, or person in loco parentis, is not necessary to authorize these services to be provided to a minor. [Emphasis added.] So long as the services are provided by those authorized by law, (2) the statute provides no funding related barriers to the ability to provide services without parental consent. Conversely, where the Legislature intends to require parental consent, it expressly sets forth such a requirement. See, e.g., MCL 750.421c; MSA 28.656, which prohibits the sale of a motor vehicle "... to an unemancipated minor under age 18 without the written consent of 1 of the minor's parents or his guardian on a form approved by the Secretary of State...." In response to your first question, therefore, it is my opinion that Michigan law does not require that a substance abuse program receiving funding from both public and private sources obtain the permission of a parent or adult guardian prior to providing counseling and treatment to a person under 18 years of age provided the minor is or professes to be a substance abuser and executes a consent in his or her own right. In your second question, you ask whether the law makes any distinctions between different age groups of minors in terms of requiring parental consent for substance abuse counseling and treatment. A minor is a person under 18 years of age. MCL 333.1105(5); MSA 14.15(1105)(5)). The above-quoted language of section 6121(1) of the Public Health Code makes no distinction between certain age groups of minors. In answer to your second question, therefore, it is my opinion that Michigan law does not distinguish between different age groups of minors in terms of requiring parental consent for substance abuse counseling and treatment. Frank J. Kelley Attorney General (1 MCL 380)
(2 See MCL 333)
6233 et seq; MSA 14.15(6233) et seq, which sets forth licensing requirements for the provision of substance abuse services, and MCL 550.1414a; MSA 24.660(414a), which sets forth additional requirements for health care corporations providing substance abuse services.