32 Regulation and quality control of chemical dependence. 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. Mental Health America. 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. Time-Management Hacks to Be More Efficient and Procrastinate Less. Myth: Therapy and self-help are a waste of time. Confidentiality protections allow adolescents and young adults to seek the health care they need and protect their privacy for these services. They did not use protection. Thus, the changing clinical picture will have ethical implications. I. Nondisclosure Laws - (Prohibiting Disclosure Without Patient Consent) Statutory Law: Mental Health Records are Confidential - 33-3-103 Substance Abuse Records are Confidential & Privileged - 33-10-408 Regulatory Law: Patient's Right to Confidentiality - TN. Inform or refer the patient to alternative confidential services when available if the physician is unwilling to provide services without parental involvement. Mental health professionals who meet our membership requirements can take advantage of benefits such as: Copyright 2007 - 2023 GoodTherapy, LLC. When Michael reached high school and expressed a wish that the therapist not speak with his mother, the therapist revisited the issue of confidentiality. American Academy of Pediatrics. 371 0 obj <>/Filter/FlateDecode/ID[<3E5CC4AC34EBB54085F8E3250EEB73E0>]/Index[348 41]/Info 347 0 R/Length 105/Prev 166715/Root 349 0 R/Size 389/Type/XRef/W[1 2 1]>>stream 100 0 obj <> endobj State-by-State Variability in Adolescent Privacy Laws Consider the following vignette (identifying information has been changed): Michael, age 8, developed headaches and other signs of anxiety around visits to his father, who divorced his mother several years earlier. "Minor consent laws" allow minors to consent for their own care in specific situations and for specific services. Ensuring a child gets effective treatment, Protecting the child from risk of abuse or homelessness, Practice Management Software for Therapists, Rules and Ethics of Online Therapy for Therapists, How to Send Appointment Reminders that Work, Health Insurance Portability and Accountability Act (HIPAA), Dialectical Dilemmas and How ACT Models Can Help Guide Treatment, How Emotionally Intelligent People Use Negative Emotions to Their Advantage, Political Differences May Shorten Thanksgiving Visits. The law applies from the time a child is referred for special education and related services, but not before. PDF Adolescent & Young Adult Health Care in Washington - NAHIC 0 PDF 22. Medical Records Act--Duty to Hold Confidential and Duty to Disclose PDF Confidentiality Rules for Mental Health, Developmental Disabilities and Even when a therapist must act to protect a child, the therapist must use a conservative approach, disclosing only that information which is absolutely necessary and disclosing only to the appropriate person or persons. These federal rules are administered by HHSs Substance Abuse and Mental Health Services Administration (SAMHSA). Neglect or abuse falls under mandatory reporting laws. or discuss the patient's mental health information with family members or other persons involved in the . Consent and Confidentiality Laws in MN - MN Dept. of Health | Statutory Under Illinois law, minors age 12 through 17 have the right toaccess and authorize release of theirown mental health and developmental disabilitiesrecords and information, and their parents havesuch rights only if the minor does not object orthe therapist does not feel there are compellingreasons to deny parental access. A parent generally has the right to request a childs medical record. Given the sensitive nature of mental health and substance use disorder treatment information, OCR is providing this guidance addressing HIPAA protections, the obligations of covered health care providers, and the circumstances in which covered providers can share informationas applied to this context. Minnesota has state laws that allow minors to consent to certain types of services without parent or guardian permission (Minnesota Statutes Sections 144.341 - 144.344). is similar to that of adults. Therapists should ensure they understand state laws and their licensing boards ethics rules. Published 2020 Jun 11. doi:10.1186/s12888-020-02659-0, Rowe SL, French RS, Henderson C, et al. GoodTherapy | Client Confidentiality Because a child cannot legally consent to treatment, the parent often acts as a personal representative for the child. 2021. *A minor who is at least 16 years of age can consent to services related to pregnancy, delivery, and postpartum care only after the provider has made a reasonable effort to contact the minor's parents or guardian. BMC Psychiatry. It protects minors from disclosures to third parties who are not their parents. The 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; (12) To a minor's next of kin, attorney, guardian, or conservator, if any, the information that the minor is presently in the facility or that the minor is seriously physically ill and a statement evaluating the mental and physical condition of the minor as well as a statement of the probable duration of the minor's confinement; (13) Upon the death of a minor, to the minor's next of kin; (14) To a facility in which the minor resides or will reside; (15) To law enforcement officers and to prosecuting attorneys as are necessary to enforce RCW, (a) Only the fact, place, and date of involuntary commitment, an official copy of any order or orders of commitment, and an official copy of any written or oral notice of ineligibility to possess a firearm that was provided to the person pursuant to RCW, (b) The law enforcement and prosecuting attorneys may only release the information obtained to the person's attorney as required by court rule and to a jury or judge, if a jury is waived, that presides over any trial at which the person is charged with violating RCW. 19-142a). Behnke, S. H., & Warner, E. (2002). Mental Health Awareness Week 2023 - Programme of events When discussing a healthcare providers legal and ethical responsibilities related to patient confidentiality, it is all too common for the conversation to begin and end with the Health Insurance Portability and Accountability Act, commonly known as HIPAA. Public Health Informatics Institute. In addition, if under state law a minor can consent to their own medical treatment, then the minor alone has the right to consent to . Accessed October 19, 2022. As the therapy progressed, contact between Michael's mother and his therapist occurred only as needed. The Age of Consent for Mental Health Treatment by State | ICANotes Michael's therapist shared her concerns with Michael about these activities and about what she perceived to be his excessive fear that his mother "couldn't know anything about" these activities. %PDF-1.5 c. 123, 10; 104 CMR 27.06(1); 110 CMR 11.16(2). What to do when an adolescent becomes sexually active, of course, is often a difficult issue. Confidential information under this section may be disclosed only: (1) In communications between mental health professionals to meet the requirements of chapter 71.34 RCW, in the provision of services to the minor, or in making appropriate referrals; (2) In the course of guardianship or dependency proceedings;
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