Adolescents attain cognitive capacity for reasoning and abstract thinking that, under Australian law, can afford them the legal status of ‘mature minor’. All jurisdictions in Australia allow for the Common Law test of ‘Gillick competence’ which recognises that an adolescent under the age of 18 may have the capacity to consent to medical treatment on their own behalf and without their parents’ knowledge.8 Additional legislation in South Australia and New South Wales grants adolescents aged 16 years and over (rather than 18 years) the right to consent to their own treatment as adults.9
An assessment of the adolescent’s competency needs to be assessed in each case on a continual basis, and should consider the maturity of the adolescent as well as the nature and the complexity of the treatment. To be competent the adolescent should be able to understand:7
- what the treatment is for and why it is necessary
- any treatment options or alternatives
- what the treatment involves
- likely effects and possible adverse effects
- seriousness of the treatment
- consequences of not treating.
Options including the benefits and harms of treatment versus those of non-drug treatment should be discussed. Asking the adolescent to explain their own understanding of this can be helpful. It should be noted however that adults also have misunderstandings about medicines – this is not unique to adolescents. For example, a large household survey in the UK found substantial misinformation about antibiotics.10 If unsure of an adolescent’s capacity to consent, it is important to seek advice from a clinician with expertise in this area. In very complex cases a medical defence organisation may be able to provide advice.
Confidentiality
If adolescents ask for their parents not to be informed about their prescription, it is important to enquire about this wish. The concept of safety is understood by adolescents and is the basis for explaining exceptions to confidentiality. Discussing the adolescent’s safety regarding drug treatment, as well as their health problem as the initial and primary concern, can be a useful way to encourage more openness with the parents. It can be revealing as well as practical to discuss with an adolescent what would happen if a family member were to discover their medicines. This can be a ‘reality check’ as well as an opportunity to anticipate reactions. Importantly, even though an adolescent may not want to involve a parent initially, this can change and it is important to maintain an ongoing dialogue about this. It is essential also that the adolescent understands confidentiality and its limits, and that if there are concerns about safety with risk to themselves, or others, there would be a need to inform their parent or caregiver.
If there are circumstances where an adolescent decides not to inform their parents, the context behind this should be explored and the reasons documented by the prescriber, as well as documenting having offered to speak with a parent.
The shifting power dynamics in the adolescent–parent–clinician triad is a challenge for many clinicians. Difficulties reported by GPs include, on the one hand, negotiating time alone with adolescents to facilitate engagement, while on the other hand, feeling that adolescents are not sufficiently responsible to manage their health alone.11 What is unknown is whether clinicians change their prescribing behaviour as a result of these difficulties. For example, there is no published research that has explored prescribing decisions on the basis of parental presence or absence during consultations, whether parental consent is sought when prescribing for minors, and how often and for which drugs, or whether competency assessments are made.