Minor's Right to Medical Privacy

[uppityperson]

Putting this here for future reference as GD topics sink.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=9418715&mesg_id=9418715
http://www.privacyrights.org/fs/fs8b-MedFAQ.htm#7

Can a minor consent to health care without parental notification?

It depends on the situation. HIPAA, the federal privacy law, says generally that parents may receive protected health information of minors. However, HIPAA sets a minimum standard, which allows states to create stronger laws.

Some states have enacted laws allowing minors to consent to certain types of medical treatment. To see if a minor can consent to a particular treatment you should consult state law.

The Guttmacher Institute has a guide to state laws, available at www.guttmacher.org/pubs/tgr/03/4/gr030404.pdf (2000)

For general information on your state's medical privacy law, go to http://ihcrp.georgetown.edu/privacy/records.html and choose your state from the list on the right.

State by state list
http://www.guttmacher.org/statecenter/spibs/spib_OMCL.pdf

The legal ability of minors to consent to a range of sensitive health care services—including sexual and reproductive health care, mental health services and alcohol and drug abuse treatment—has expanded dramatically over the past 30 years. This trend reflects the recognition that, while parental involvement in minors’ health care decisions is desirable, many minors will not avail themselves of important services if they are forced to involve their parents. With regard to sexual and reproductive health care, many states explicitly permit all or some minors to obtain contraceptive, prenatal and STI services without parental involvement. Moreover, nearly every state permits minor parents to make important decisions on their own regarding their children. In sharp contrast, the majority of states require parental involvement in a minor’s abortion.
In most cases, state consent laws apply to all minors age 12 and older. In some cases, however, states allow only certain groups of minors—such as those who are married, pregnant or already parents—to consent. Several states have no relevant policy or case law; in these states, physicians commonly provide medical care without parental consent to minors they deem mature, particularly if the state allows minors to consent to related services. The following chart contains seven categories of state law that affect a minor’s right to consent. Further information on these issues can be obtained by clicking on the column headings.

Contraceptive Services: 26 states and the District of Columbia allow all minors (12 and older) to consent to contraceptive services. 21 states allow only certain categories of minors to consent to contraceptive services. 4 states have no relevant policy or case law.

STI Services: All states and the District of Columbia allow all minors to consent to STI services. 18 of these states allow, but do not require, a physician to inform a minor’s parents that he or she is seeking or receiving STI services when the doctor deems it in the minor’s best interests....

[bliss_eternal]

1. welcome back...

;) :hi:

...and thanks for the informative post. :thumbsup:

[uppityperson]

2. Thanks bilss

I'd say women's rights to reproductive control is The issue for me. Trying to be patient with people yet inform them can be difficult.