THE ATTORNEY GENERAL
OF TEXAS
AUSTIN. TEXAS 78711
May 5. 1975
The Honorable James E. Peavy M. D. Opinion No. H-600
Commissioner
Texas Department of Health Re: Conditions under which a
Austin, Texas 78756 minor may donate blood.
Dear Commissioner Peavy:
You have requested our opinion regarding the conditions under
which a person under the age of 18 years of age may volunteer to donate
blood with parental consent.
Pursuant to section 12.04 of the Family Code, the parent of a
minor is granted:
(6) the power to consent to . . . medical,
psychiatric, and surgical treatment.
Section ‘35.01 specifies certain persons who may “consent to medical
treatment of a minor” when the consent of a parent cannot be obtained.
Although it is doubtful that the donation of blood may be semantically
embraced within the ambit of “medical treatment, ” we believe an examina-
tion of that section With section 35.03 of the Family Code indicates that the
Legislature intended to include the donation of blood within the term “medical
treatment. ” Section 35.03 provides in part:
Sec. 35.03. Consent to Treatment by Minor
(a) A minor may consent to the furnishing of
hospital, medical, surgical, and dental care by a
licensed physician or dentist if the minor:
. . . .
p. 2665
- -
The Honorable James E. Peavy page 2 (H-600)
(5) is 18 years of age or older and consents
to the donation of his blood and the penetration
of tissue necessary to accomplish the donation;
. . . .
(b) Consent by a minor to hospital, medical,
surgical, or dental treatment under this section
ii not subject to disaffirmance because of minority,
. . . .
(fj A physician, dentist, hospital, or medical
facility may rely on the written statement of the
minor containing the grounds on which the minor
has Capacity to consent to his own medical treat-
ment under this section. (Emphasis added).
The c,lear implication of section 35.03 is that the donation of
blood alluded to in subsection (a) (5) is included within the scope of
“medical . . . care” (subsection a) and within the scope of “medical . . .
treatment” (subsections b and f). Consequently, we believe that the
donation of blood may be included within the definition of “medical treat-
ment” for purposes of sections 12.04 and 35.01. It is therefore our opinion
that a minor may volunteer to donate blood with parental consent.
SUMMARY
A minor may volunteer to donate blood with
the consent of a parent or pursuant to the terms
of section 35.01 of the Family Code.
Jery truly yours,
u
p. 2666
Attorney General of Texas
.- -
The Honorable James E. Peavy page 3 (H-600)
APPROVED:
DAVID M. KENDALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
p. 2667