Legal Issues in Pediatric Gynecology

Both state and federal law regulate pediatric gynecology.* Generally, state law is the primary source of medical regulation. However, when state laws conflict with federal laws, the federal laws prevail under the doctrine of preemption. Thus, in addition to understanding applicable state law, a familiarity with federal law is integral to the informed practice of medicine. Because an exhaustive review of both federal and state law governing pediatric gynecology would well exceed the spacial constraints of this article, emphasis is placed on selected state laws highlighting many of the legal issues arising in the field. Though the examples given in this article provide a base understanding of the legal issues in pediatric gynecology, practitioners are, nonetheless, encouraged to keep abreast of the laws that govern pediatric gynecology in their respective states. Generally, state laws are substantively similar regarding the issues discussed in this article, yet individual state laws will naturally vary in specifics. In addition, like all areas of the law, laws affecting pediatric gynecology are continually changing; consequently, the examples presented will certainly not remain unaltered. Thus, practitioners should continually update their knowledge of laws that affect their practices. This article discusses the following topics: (1) the legal framework within which pediatric medicine laws have developed; (2) statutes defining those who may legally consent to medical care; (3) specific medical services to which minors, by statute, are given the legal capacity to consent; (4) confidentiality laws, civil and criminal liability laws, and financial liability laws; (5) a compilation of state statutory citations.