endstream endobj startxref There is suspicion of sexual abuse, meaning any of the following: o The minor has had any involuntary sexual contact or intercourse With rare exceptions, patients are entitled to decide whether and to whom their personal health information is disclosed. Stephen Behnke is director of the APA Ethics Office. Three points emerge. Receive the latest updates from the Secretary, Blogs, and News Releases. This guidance addresses some of the more frequently asked questions about when the Privacy Rule permits a health care provider to share the protected health information of a patient who is being treated for a mental health condition. First, while it is clinically and ethically indicated to make clear how the relationship is structured and how information will be shared, a psychologist cannot promise a minor that information will be kept from a parent who has legal custody. If a minor is able to consent to their own healthcare under state law, the minor may typically authorize disclosure of their PHI. Confidentiality in the treatment of adolescents. Published 2020 Jun 11. doi:10.1186/s12888-020-02659-0, Rowe SL, French RS, Henderson C, et al. (c) Disclose or disclosure. From a clinical perspective, the situation is more complex. Not all parents have unconditional love for their child. These laws help young people seek confidential health care for sensitive issues such as pregnancy or pregnancy prevention, sexually transmitted infections, and substance use or abuse. PDF Confidentiality/Minor Consent Laws - Adolescent Health Initiative (18) Pursuant to a lawful order of a court. However, some. Below are a few notable highlights. The psychologist will thus need to revisit earlier discussions and explain that, for clinical reasons, the structure of the therapy should change. Adolescent minors who consent for their own care are entitled to many confidentiality (c) Disclosure under this subsection is mandatory for the purposes of the federal health insurance portability and accountability act; (16) This section may not be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards, including standards to assure maintenance of confidentiality, set forth by the director of the health care authority or the secretary of the department of social and health services, where applicable. PDF Confidentiality/ Minor Consent Laws - Adolescent Health Initiative connection with mental health services. See G.L. June 27, 2022. A compromise was reached whereby the therapist would speak to Michael's mother only with Michael present. hbbd``b` +@HVHIX H"DHpE . Here's a handout that explains Ohio's minor consent and confidentiality laws. 0 Title E. General Provisions. The exceptions are few, however, and prove the rule that the law deems individuals under a certain age (often 18) not sufficiently mature to make treatment decisions. Consent by minor to medical, dental, health or hospital services for child Title A. x=]S]AK%{U43n4=[83'sd'$cICf_>0}89f~z_)kFBJ.X"{P@1%K;8K_O-n#8=ur2Ned#U~"LrO&CD,"Yf19`z*p=pQy\I68^ cm n1j%yYwic/hj(&W"nz.gQ^@(E+ The mental health guidance addresses three core areas: Guidance on Responding to an Opioid Overdose. The notes are for personal use rather than official documentation. Because I work with many high-conflict divorce families, many of the children and teens I see in therapy have their own minor's counsel. "Don't Tell My Mom": A Guide to HIPAA Compliance for Minor Patients Minors generally cannot consent to treatment; a parent or guardian consents on the minor's behalf. HHS Office for Civil Rights has released guidance on when and how healthcare providers can share a patients health information with his or her family members, friends, and legal personal representatives when that patient may be in crisis and incapacitated, such as during an opioid overdose. 33 Rights of patients ( 33.01-33.27). These ethical standards again recommend several points. #{}}jc1X6fm;'_9 r:8q:O:8uJqnv=MmR 4 Guide on the disclosure of confidential information: Health care July 2020. Authorization for disclosing data covered by HIPAA must generally be in writing by the patient, but in cases where the patient is not present or incapacitated, if in the best interest of the patient, a provider may share the patients information with family, friends, or others involved in the patients care or payment for care. Third, as the child develops, the structure of the therapy may change for clinical reasons. As the therapy progressed, contact between Michael's mother and his therapist occurred only as needed. For example, California gives minors the right to control their own health care information when they otherwise have the right to consent to care. The AMA was founded in part to establish the first national code of medical ethics. 3 1. English, A., & Ford, C. A. Some adolescents are minorsunder age 18and some are young adultsage 18 or older. These services may include: Help from a psychiatrist or psychologist When treating young children, the issue rarely arises. APA 2023 registration is now open! At times, health care providers need to share mental and behavioral health information to enhance patient treatment and to ensure the health and safety of the patient or others. Physicians should be aware that states provide mechanisms for unemancipated minors to receive care without parental involvement under conditions that vary from state to state. Some states extend additional privacy protections to minors that go beyond HIPAA. Home Terms of Service Privacy Policy Sitemap Subscribe to The GoodTherapy Blog. . Family Educational Rights and Privacy Act (FERPA) FERPA protects the privacy of students in education records, and it applies to any public elementary, secondary, or post-secondary school, as well as any private school, state, or local education agency that receives funds from the US Department of Education. The law prohibits schools from disclosing a students personally identifiable information in education records without the written consent of the students parents, or the student themselves if they have reached the age of 18, with certain exceptions. The issue seems especially pointed when adolescents talk about activities that, while not necessarily dangerous, are illegal, such as shoplifting, the recreational use of alcohol or experimenting with drugs. The mental health service agency or its employees are not civilly liable for the decision to disclose or not, so long as the decision was reached in good faith and without gross negligence; (11) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient. Public Health Informatics Institute. Myth: There is no hope for people with mental health issues. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> WSR 93-07-036 (Order 337B), 246-924-363, filed 3/10/93, effective 4/10/93.] An earlier version of this column was printed in the Massachusetts Psychological Association Quarterly. is similar to that of adults. Children who believe they have . PDF Indiana Confidentiality/Minor Consent Laws - Adolescent Health Initiative These laws tend to fall into two categories - confidentiality laws, which impose an affirmative duty on the provider to maintain the confidentiality of protected information, and privilege laws, which establish an evidentiary privilege for such information that may be exercised by the patient. Clinical Takeaway: If you work in a public educational setting, do be prepared to provide parents with a written explanation of their procedural safeguards under IDEA. CDC. Mental health professionals who meet our membership requirements can take advantage of benefits such as: Copyright 2007 - 2023 GoodTherapy, LLC. PDF Adolescent & Young Adult Health Care in Indiana - NAHIC The HIPAA Rules are designed to protect the privacy of all of an individuals identifiable health information and to ensure that health information is available when needed for treatment and other appropriate purposes. The importance of confidentiality in therapy. Children and mental health law | Illinois State Bar Association Over time, Michael and his therapist agreed that Michael himself would begin to speak to his mother about these issues, and that the therapist could follow up with a phone call. Clinical Takeaway: Do not disclose information related to past, present, or future mental health status, provision of healthcare, and payment for care without authorization from the patient, unless the patient is incapacitated. or discuss the patient's mental health information with family members or other persons involved in the . Sec. In some states, such as Alabama and Hawaii, no additional privacy codes have been enacted, meaning the federal statutes are the only to apply., Conversely, California has enacted a civil code that further defines and clarifies which information qualifies as protected personal information and includes more than 15 items of protected information items, from physical description to financial information., In Florida, protected personal information includes, by statute, any medical record generated after making a physical or mental examination, administration of treatment, or dispensation of a legend drug.. However, some therapists ask parents to agree to the therapists confidentiality rules before they will treat the client. Pediatrics. Goeben noted that there is a need for more psychiatric beds in hospitals, particularly in Southern Illinois. If this information is disclosed, it could make a client vulnerable to unkind or abusive treatment. Physicians who treat minors have an ethical duty to promote the developing autonomy of minor patients by involving children in making decisions about their health care to a degree commensurate with the childs abilities. HEALTH CARE PROVIDERS MUST OVERRIDE THE MINOR'S CONFIDENTIALITY AND REPORT IF: The minor is a risk to themselves or someone else. PDF MINOR CONSENT & CONFIDENTIALITY IN MISSISSIPPI - Teen Health Mississippi hb```l@Y8f0``q@t1%*1 h,/`H@B}$4x;d42j91rr ,P`1n&~)27lV|e-l 7d/;h]L>4#i&? It protects minors from disclosures to third parties who are not their parents. Clinical Takeaway: Do be aware that schools may not require students to disclose highly sensitive information, and that once a minor reaches 18 years of age, they shall be notified and given the right to opt-out of data collection. Time-Management Hacks to Be More Efficient and Procrastinate Less. 2001). We summarized state laws and regulations on minor consent for the following: health services, substance abuse treatment, prenatal care, mental health care, contraceptive management, immunizations, sexually transmitted infection management, human immunodeficiency viruses testing and treatment, dental care, and sexual assault evaluation.