Due to a status from the page Not a Doctor Complaining-aggressivenotdoctor, which is a very interesting topic, as shown in the first image, I have already replied to a comment on that status. However, I think there are still many people who are not aware of the law on this matter. Therefore, I would like to summarize the points (only from a legal perspective) in the case of minors under 20 years old who wish to use contraception.
1. According to the law on this matter, it is clearly defined that adolescents are those over 10 years old but under 20 years old, and adolescents have the authority to make their own decisions regarding reproductive health services, which includes contraception (for what reproductive health services include, see the second image).
In summary, adolescents over 10 years old can request contraceptive implants without needing parental or representative consent because adolescents have the legal authority to consent. This consent can be given verbally or in writing, but if given verbally, it must be recorded in the medical record.
2. In the case of adolescents aged 15 but under 20, they can make all decisions regarding reproductive health services, including abortion. However, if they are under 15, they can also make all decisions except for abortion, which requires parental consent (as per item 12 in the third image).
3. Medical personnel are prohibited from disclosing information about this service to others unless the adolescent gives written consent, the adolescent is abused, or there are other exceptions (other exceptions can be seen in item 13 in the third image).
In summary, if an adolescent comes alone, notifying parents, teachers, or police behind their back without meeting the criteria in item 13 in the third image can result in legal consequences for the notifier. However, I am not saying not to notify in all cases. For example, if after discussion, the adolescent wants to notify their parents and gives us written permission, then it can be done. As for notifying the police, it should be considered on a case-by-case basis, and answers can be found in subsequent items.
4. If an adolescent consents to a contraceptive implant but eventually experiences side effects, and the parents sue us, will we be at fault?
The answer is, if we have fully explained the pros, cons, and side effects of the implant and assessed that the adolescent understands well, medical personnel are certainly not at fault because the law gives full authority for the adolescent to consent.
5. Is it illegal for someone to have sexual intercourse with an adolescent under 15 years old?
The answer is, the law states that anyone who has sexual intercourse with an adolescent under 15 years old is criminally liable, even if the adolescent consents.
However, I do not recommend reporting this case to the police (for a simple example, if a doctor finds someone shot, stabbed, or with drugs, the doctor does not report it) unless we see it as a case of child abuse, as it is an exception that allows us to disclose this secret according to item 13 in the third image, and disclosing the secret is not illegal, based on the principles of the Child Protection Act.
Therefore, taking a history of the reasons why an adolescent wants contraception is very important. If it is found to be a case of child abuse, the police or social services can be notified as appropriate.
6. If any adolescent cannot find a place to do it or is refused, contact 1663 (Thai RSA network) to find out which medical facility can provide the service.
Summary of the relevant laws is as follows (anyone interested can read more):
– Act on Prevention and Solution of the Adolescent Pregnancy Problem https://rh.anamai.moph.go.th/web-upload/7x027006c2abe84e89b5c85b44a692da94/tinymce/kpi65/1-35/1.35-1.3.pdf
– Ministerial Regulation Prescribing Types of Service Facilities and Operations of Service Facilities in Preventing and Solving Adolescent Pregnancy Problems http://www.oic.go.th/FILEWEB/CABINFOCENTER17/DRAWER002/GENERAL/DATA0001/00001440.PDF
– Child Protection Act https://dep.go.th/images/uploads/Downloads/pdf/888_08.pdf
Source: Facebook Fanpage – Rsathai