The general rules of consent to care for minors apply to school children. The
emergency exception, legally mandated care, proxy consent, and prior consent
of parents all apply in various school situations.
Parents may sign a proxy consent for medical care if it is required when the
child is at school. These often ask for information on preferred physicians and
hospitals. All residential schools with students under the age of 18 should
require that a proxy consent be part of the student’s admission materials. The
extent to which the proxy consent should be relied upon depends on the
circumstances and the difficulty of contacting the parents. A physician treating
children in a neighborhood public school should rely on proxy consent only to
deliver urgent care until the children’s parents can be contacted. (This type of
care is usually sheltered under the emergency exception anyway.) If the
children are in a residential school and their parents are out of the country, the
proxy consent will have to cover all routine and emergency medical care. Such
extensive consent is best documented by a power of attorney to consent to the
child’s medical care.
If a child is seriously ill or injured, the emergency exception to the need for
consent generally applies. Reasonable attempts should be made to contact the
child’s parents and to follow their wishes in selecting caregivers, but these
should not interfere with getting the child prompt emergency care. The school
system should have a formal policy, and preferably a written contract, for
ambulance services for children who are seriously ill or injured. Schools need
not wait for parental permission to call an ambulance. Paying the ambulance
fee is much less expensive than settling the claim on the broken neck that
became a spinal cord injury when the teacher carried the child into the office.