PDF Adolescent & Young Adult Health Care in New Jersey - NAHIC If this information is disclosed, it could make a client vulnerable to unkind or abusive treatment. PDF Confidentiality Rules for Mental Health, Developmental Disabilities and Third, as the child develops, the structure of the therapy may change for clinical reasons. Most children do not have a legal right to privacy from their parents, as a parent may need certain information in order to consent to treatment. A .gov website belongs to an official government organization in the United States. That confidentiality, coupled with the unique rapport built over months or years of representation, can mean that a . Only one parent . Confidentiality of Substance Use Disorder Records A federal regulation (42 CFR Part 2) protects the confidentiality of people receiving diagnosis, treatment, or referral for treatment for a substance use disorder at federally assisted SUD programs. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> PDF Minors' Rights to Confidentiality, When Parents Want to Know: An "Minor consent laws" allow minors to consent for their own care in specific situations and for specific services. 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.". Confidentiality in the treatment of adolescents. When a court order specifically prohibits the parent from accessing the child's information. With this in mind, there are many resources available to help: 50-State Survey of Health Care Information Privacy Laws, Disclosure of Substance Use Disorder Patient Records: Does Part 2 Apply to Me? Encourage the minor patient to involve his or her parents and offer to facilitate conversation between the patient and the parents. endobj 200 Independence Avenue, S.W. There are exceptions. The law is a blunt instrument, as the issue of minors and confidentiality well illustrates. 3 1. The Rule is carefully balanced to allow uses and disclosures of informationincluding mental health informationfor treatment and certain other purposes with appropriate protections. (c) Disclose or disclosure. Further, mental and behavioral health clinicians should discuss the limits of confidentiality with the adolescent and family, including the need to involve parents or legal authorities should the risk of harm to the adolescent or to others be imminent. They must also be confident that their therapist will not share this information with third parties. 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. 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. Does the APA Ethics Code provide guidance? When a state offers a child more privacy rights than the child has under federal law, a therapist must follow state law. Sec. 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. * Up to eight, 90-minute mental health counseling sessions for ages 12-16. 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. Minnesota Statute 253B.04 subd.1 allows youth who are 16 years of age or older to consent for inpatient mental health services. For example, California gives minors the right to control their own health care information when they otherwise have the right to consent to care. Because a child cannot legally consent to treatment, the parent often acts as a personal representative for the child. PDF Confidentiality/Minor Consent Laws - Adolescent Health Initiative . Related services include speech therapy, occupational therapy, physical therapy, rehabilitation, nursing services, counseling, and transportation. Toll Free Call Center: 1-877-696-6775, Content created by Office for Civil Rights (OCR), Information Related to Mental and Behavioral Health, Other Administrative Simplification Rules, Additional FAQs on Sharing Information Related to Treatment for Mental Health or Substance Use DisorderIncluding Opioid Abuse, These federal rules are administered by HHSs Substance Abuse and Mental Health Services Administration (SAMHSA). hWmO8+:qNDZU*ea+Gqz!6fuJyy2o4. However, HIPAA, and not FERPA, applies to a health clinic on school property if it is operated by a third party independent of the school district. Pediatricians, child and adolescent psychiatrists and childrens hospitals declare national emergency in childrens mental health. Provision of outpatient mental health treatment to minors without parental consent. These services may include: Help from a psychiatrist or psychologist Confidentiality and disclosure generally (a) In general. is similar to that of adults. 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. This prohibition applies to surveys and to instructional materials used as a part of the curriculum, though exact requirements differ based on whether or not the school is funded by the US Department of Education. 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. At this juncture in Michael's development, it was important to discuss each and every contact between therapist and mother thoroughly with Michael, as well as to support his independent use of psychotherapy. Myth: Mental health issues are a result of personality weakness or character flaws, and people can "snap out of it" if they try hard enough. HIPAA also allows a health care provider to determine, based on professional judgment, that treating someone as a patients personal representative for HIPAA purposes would endanger the patient, and to refuse to treat the person as a personal representative under those circumstances. %%EOF FERPA, and not HIPAA, will apply to a school nurse, counselor, or health clinic that is operated by a school district. endstream endobj startxref Legally speaking, people under the age of 18 do not typically have a right to confidentiality in therapy. The specific ways the law protects confidentiality depend on whether a patient is a minor or an adult and whether the patient can legally consent to their own care. American Academy of Pediatrics. 2 0 obj A. 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. State law addresses the age at which a minor child may consent to certain types of health care and may contain additional requirements related to disclosing a minors health information to parents (or withholding it). Ethics. "Don't Tell My Mom": A Guide to HIPAA Compliance for Minor Patients 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. A psychologist in this position should seek both legal counsel and consultation from colleagues. hb```y ea $BBhv|-9:WN tlwE\g{Z5So{:{jK~9!:2@6a L@IDX n>b H(?912v0 y1=ArpPe`JvSff`g:oA1& *[ (7) To law enforcement officers or public health officers as necessary to carry out the responsibilities of their office. 36 Addiction and mental health services and supports. Inform or refer the patient to alternative confidential services when available if the physician is unwilling to provide services without parental involvement. Minnesota Statute 253B.04 subd.1 allows youth who are 16 years of age or older to consent for inpatient mental health services. 2014 Dec;48(12):1083-95. doi: 10.1177/0004867414555718, Zuckerbrot RA, Cheung A, Jensen PS, et al; GLAD-PC STEERING GROUP. Fifth, many of the activities adolescents engage in do not rise to the level of reportable behavior. The records that qualify as PHI vary by state. (Formerly Sec. Official websites use .gov *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. 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.