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. Stephen Behnke is director of the APA Ethics Office. July 2020. 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. Laws authorizing minors to consent and laws protecting confidentiality are closely linked but they do not always match each other. Today the Code is widely recognized as authoritative ethics guidance for physicians through its Principles of Medical Ethics interpreted in Opinions of AMAs Council on Ethical and Judicial Affairs that address the evolving challenges of contemporary practice. Confidentiality protections allow adolescents and young adults to seek the health care they need and protect their privacy for these services. Certain states allow minors whom the law deems especially mature, such as those who are married or in the armed services, to consent to treatment, and sometimes minors may consent to treatment for substance abuse or sexually transmitted diseases. The benefits of confidentiality include: A child or adolescent has little reason to disclose information they dont want shared with their parents if there is no guarantee of confidentiality. It will be periodically updated with additional information. As a child grows into adolescence and adulthood, the surrounding zone of privacy should increase, thus making room for a more defined sense of self and a greater sense of autonomy. When a court order specifically prohibits the parent from accessing the child's information. of Education), When Your Child, Teenager, or Young Adult has Mental Illness: What Parents Need to Know about HIPAA (HHS, Office for Civil Rights), HIPAA Privacy Rule and Sharing Information Related to Mental Health (HHS, Office for Civil Rights), Information for Teens: What You Need to Know About Privacy, A Matter of Law: Privacy Rights of Minor Patients, Health Insurance Portability and Accountability Act (HIPAA), Family Educational Rights and Privacy Act (FERPA), Confidentiality of Substance Use Disorder Records, Individuals with Disabilities Education Act (IDEA), Part B, Protection of Pupil Rights Amendment (PPRA), American Psychiatric Association Makes Key Changes in DSM-5-TR, DSM-5 Phobia Types, Diagnosis, and Treatment, Switching Antipsychotics When Treating Psychiatric Disorders, Ketamine Therapy for Bipolar Disorder Depression. Individuals with Disabilities Education Act (IDEA), Part B IDEA protects the rights of children with disabilities and applies to public education from state educational agencies, preschool special education programs, and special education programs for older students. (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. Another option is to chat with someone via 988lifeline.org or contact . is similar to that of adults. Michael's mother, to support Michael's relationship with his father, adhered to the visitation plan strictly, but her son's anxiety and physical complaints worried her. A parent who consents on the minor's behalf generally has the right to know the content of the child's treatment. endobj Examination and treatment of minor for venereal disease. 142 0 obj <>/Filter/FlateDecode/ID[<6061E6487A22554F8C247FA5C2BC9961><6636AF6EAE6BBB41B51C1C5CAD5B9E11>]/Index[100 72]/Info 99 0 R/Length 172/Prev 157224/Root 101 0 R/Size 172/Type/XRef/W[1 3 1]>>stream Clinical practice. endstream endobj startxref . Because a child cannot legally consent to treatment, the parent often acts as a personal representative for the child. Consent to treatment of minors. When a parent has signed an agreement to respect the confidentiality between the health care provider and the minor. FERPA, and not HIPAA, will apply to a school nurse, counselor, or health clinic that is operated by a school district. %PDF-1.5 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.. Therapeutic confidentiality is key to effective treatment for numerous reasons, including building and preserving a strong therapeutic alliance. endstream endobj startxref In some jurisdictions, the law permits minors who are not emancipated to request and receive confidential services relating to contraception, or to pregnancy testing, prenatal care, and delivery services. The psychologist will thus need to revisit earlier discussions and explain that, for clinical reasons, the structure of the therapy should change. Third, few things carry such potential to disrupt a treatment as an adolescent's feeling that information was shared without his or her knowledge. Telephone contact between mother and therapist continued while Michael was in middle school, but lessened as Michael began to feel he had more control over the nature and timing of visits. Until that time, the law will normally give the parent access to the child's treatment. There are exceptions. The law. An earlier version of this column was printed in the Massachusetts Psychological Association Quarterly. From a clinical perspective, the situation is more complex. However, there are numerous laws that apply to child and adolescent mental health and privacy, creating a complex legal landscape in which federal, state, and local laws overlap. If a minor is able to consent to their own healthcare under state law, the minor may typically authorize disclosure of their PHI. Web Design System. %%EOF Below are a few notable highlights. Clinical Takeaway: If you work with minors in an educational setting, do not disclose a students personally identifiable information without the written consent of their parents. June 27, 2022. Related services include speech therapy, occupational therapy, physical therapy, rehabilitation, nursing services, counseling, and transportation. The duty to warn others when a client poses an imminent threat can present several ethical dilemmas. n3kGz=[==B0FX'+tG,}/Hh8mW2p[AiAN#8$X?AKHI{!7. Pharmacy records may now be confidential . Information for patients with a mental health condition or substance use disorder, family and friends of these patients, and mental health professionals with a patient who may be a danger to themselves or others. Standard 4.03, "Couple and Family Relationships," states that psychologists "attempt to clarify at the outset (1) which of the individuals are patients or clients and (2) the relationship the psychologist will have to each person.". Minors generally cannot consent to treatment; a parent or guardian consents on the minor's behalf. [Statutory Authority: RCW 18.83.050 (5) and chapter 18.83 RCW. The law applies from the time a child is referred for special education and related services, but not before. 19-142a). 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.

Waikato Times Death Notices Today, Kayla Williams Obituary, Plymouth Death Register, Does Ashley Zarlin Have A Child, Articles M