Medical Confidentiality- Law?
Favorite Answer
Were I your doctor, I would be leery of answering medical confidentiality questions over the phone anyway. How do they know who’s calling?
Here’s a thought. Ask your son.
P.S. If I was the doctor, I would fire your friend for even telling you he walked in the door.
good luck
A minor’s right to privacy right for medical and mental health services are spelled out in minor consent law:
Teens under 18 may give their own consent for certain medical and mental health services. Any medical services to prevent pregnancy and sexually transmitted infections or to diagnose and treat problems with drugs and alcohol.
Some teens under 18 are allowed to give their own consent for all types of medical and mental health service, if they are considered by law to be ‘mature’ or ’emancipated’ minor.
A teen is a ‘mature’ or “emancipated minor” if they fit into one of the three categories below:
Lives separatatly and apart from a parent or guardian (with or without permission, regardless of duration) and who is managing her or his own financial affairs.
Has married.
Has given birth to a child.
‘Mature’ or emancipated minors don’t need anyone’s permission to receive medical and mental health services. Their records are confidential. No one can see their records without their written permission
Services convered by minor consent are confidential health services. These include:
Pregnancy-related care-pregnancy testing, prenatal care, labor and delivery services and options counseling;
Contraceptive care-getting birth control;
Alcohol and other drug abuse-evaluation for alcohol and other drug abuse, counseling, treatment and detox; and
Emergency care-when requiring a parent’s consent would delay treatment and put the minor’s life or health at risk;Sexually Transmitted Disease (STD)-testing, treatment, counseling and support for STDs (STIs);
Inpatient mental health services-a minor 16 years or older may admit herself or himself to a treatment facility for mental health services. We know from research that teens may not get the health care they need without a guarantee of confidentiality. A study asked teens if they would get help for depression if their parents were notified. Forty five percent (45%) of those teens said they would not. When asked if they would get birth control, treatment for sexually transmitted diseases or treatment for drug use if their parents were informed. Eighty percent (80%) of these teens said they would not if their parents would be notified. (Marks A, Malizio J, Hoch J, et al. Assessment of health needs and willingness to utilize health care resources of adolescents in a suburban population. Journal of Pediatrics 1983; 102:456-450).
A more recent nationwide study of 6,748 girls and boys in grades five through twelve found that thirty-six percent (36%) sometimes did not get medical care when they needed it because they did not want to tell their parents about the problem” (Commonwealth Fund. Survey of the Health of Adolescent Girls 1997).
Why do some teens not want their parent or guardian involved? Some feel their parents or guardians may not be supportive. Some times teens are looking for help because thieir parents are actually creating some of their problems. For most teens, however, it is part of growing up and taking on more self-responsibility. Most caring parents find it hard to give up taking care of their children. Most teens want their parents to know that they are willing and cabable of taking on decisions for their health care. For them, seeking confidential services is a wise and responsible decision
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