Note to mental health care practitioners: Minors have the right to consent to confidential mental health care provided by practitioners located in facilities licensed by the NYS Office of Mental Health (OMH) (N.Y. Mental Hyg. Law § 33.21(c); 14 N.Y.C.R.R. § 587.7(a) (3)(iii)). The ability of minors to consent to confidential mental health care under the public health law in non-OMH facilities is currently unresolved. Therefore, mental health professionals practicing outside of any setting not licensed or certified by OMH, should contact an attorney to discuss confidential mental health treatment for a minor patient.

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