New Hampshire Minor Substance Treatment Consent Under RSA 318-B:12-a

When a Teen Can Consent to Their Own Substance Treatment

Substance use among adolescents in kinship care is not uncommon — many of these children entered a relative's home because a parent's addiction made the household unsafe. If the child you're raising in New Hampshire is struggling with substance use, knowing the consent rules matters. New Hampshire law gives minors direct access to treatment without parental permission under specific circumstances.

What RSA 318-B:12-a Says

Under RSA 318-B:12-a, a minor aged 12 or older may voluntarily consent to drug dependency diagnosis and treatment at an accredited facility or with a licensed physician or advanced practice registered nurse (APRN). No parental consent is required. No guardian consent is required.

This is a self-consent statute. The minor may voluntarily seek treatment without a parent's, guardian's, or caregiver's consent. The statute does not require another person's signature for consent.

Confidentiality Protections

The statute restricts how records may be used:

• Criminal prosecutions: the state cannot discover these treatment records in a criminal prosecution.
• Other uses: the records may be used only for rehabilitation, research, statistical, or medical purposes unless the person treated gives written consent.
• Cost: a parent or legal guardian is not liable for payment for treatment under this section.

These provisions do not promise absolute secrecy from a caregiver. Under HIPAA, a parent or guardian generally acts as a minor's personal representative, but is not the personal representative for information about care the minor may legally consent to and has consented to. State law governs whether related information may be disclosed. Ask the provider what it can share.

What This Means for Kinship Caregivers

If you suspect a teenager in your care has a substance use problem, here's the practical reality:

You can encourage treatment. Talk to the teen. Offer support and help them ask a provider about treatment options. The Kinship Navigator Program can connect caregivers with local support; 603 Legal Aid can answer legal questions.

You cannot force treatment under this statute — it is voluntary. If the teen may be experiencing an overdose, call 911 or go to a hospital emergency department. EMTALA requires a Medicare-participating hospital ED to screen for an emergency medical condition and, if one is found, offer stabilizing treatment or an appropriate transfer.

You don't need to sign. If the teen is 12 or older and willing, they can consent on their own. You don't need to present a power of attorney, delegation letter, or guardianship order for substance treatment.

You may not have access to all treatment details. HIPAA and state law can limit a parent's or guardian's access to information about care the minor may consent to. Ask the provider what information it can share with you.

The STD and Mental Health Parallels

New Hampshire has separate consent rules for substance treatment, sexually transmitted disease diagnosis and treatment, and mental-health services:

• Substance treatment (age 12+): RSA 318-B:12-a — voluntary drug dependency treatment
• STD diagnosis and treatment (age 14+): RSA 141-C:18 — voluntary diagnosis and treatment for sexually transmitted diseases
• General outpatient therapy (under 18): Still requires parent or guardian consent in most cases — New Hampshire has not enacted a universal minor mental health consent statute

For a deeper look at the mental health consent rules, see our post on minor mental health consent in New Hampshire.

Getting the Right Help

If the child in your care needs substance treatment, the path forward may not require your consent at all. But you can still be the person who opens the door — by finding providers, offering transportation, and making it clear that getting help won't mean getting punished.

Our New Hampshire School and Medical Consent Guide covers these minor-consent rules alongside the consent instruments you do need for routine medical, dental, and school enrollment — so you know where your authority starts and where the teen's own rights take over.

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