mental health confidentiality laws for minors

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. 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. 4-302. Under PPRA, parents and students 18 and over shall be notified and given the right to opt-out of collection and disclosure of personal information, as well as certain physical examinations and screenings. McNary, A. AAP-AACAP-CHA Declaration of a National Emergency in Child and Adolescent Mental Health. 19a-285. hWmO8+:qNDZU*ea+Gqz!6fuJyy2o4. 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. Help-seeking behaviour and adolescent self-harm: a systematic review. A refusal to disclose in such a case, even in the face of a parent's request, may be legally supportable. This page has been archived and is no longer being updated regularly. 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 you are under 18, the ability to make decisions about your mental health treatment varies by state. Receive the latest updates from the Secretary, Blogs, and News Releases. 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. 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. vPU x3 Time-Management Hacks to Be More Efficient and Procrastinate Less. Stephen Behnke is director of the APA Ethics Office. These ethical standards again recommend several points. . 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. All states require parental consent for most medical care provided to minors, with several exceptions. 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. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Minors can access more than Can I make my own decisions about my mental health treatment? Web Design System. Nonetheless, mental health confidentiality laws for minors generally mirror those of physical medical treatment. . or discuss the patient's mental health information with family members or other persons involved in the . 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. Consent furthermore Confidentiality Laws with MN - MN Dept. Confidentiality and disclosure generally (a) In general. For minors, however, the right to privacy in therapy is limited. American Academy of Pediatrics. 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. Confidentiality in the treatment of adolescents. An important aspect of treatment is to foster an individual's autonomy, and a great pleasure of treating adolescents is to watch as they come to enjoy their growing independence. 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. With rare exceptions, patients are entitled to decide whether and to whom their personal health information is disclosed. . endobj Inform the patient that despite the physicians respect for confidentiality the minor patients parents/guardians may learn about the request for treatment or testing through other means (e.g., insurance statements). When a minor has their own attorney, this lawyer holds the privilege for the child's therapy, and they often work with me to help keep emotional safety a priority for the child's counseling. detrimental to the mental and physical health of children, often producing severe and enduring psychological trauma. 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. 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. Mental health professionals who meet our membership requirements can take advantage of benefits such as: Copyright 2007 - 2023 GoodTherapy, LLC. Some important topics to discuss include: When a therapist believes a child is in danger, they typically have a legal duty to disclose certain information, even when the child otherwise has a right to confidentiality. The mental health guidance addresses three core areas: Guidance on Responding to an Opioid Overdose. The officers are obligated to keep the information confidential in accordance with this chapter; (9) To the secretary of social and health services and the director of the health care authority for assistance in data collection and program evaluation or research so long as the secretary or director, where applicable, adopts rules for the conduct of such evaluation and research. Provision of outpatient mental health treatment to minors without parental consent. A minor who is 14 years or older may access outpatient mental health, drug, or alcohol diagnosis or treatment (except for methadone) without parental/guardian consent, if those services are administered by a licensed provider listed in ORS 109.675. endstream endobj startxref endstream endobj 101 0 obj <. 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. To address and mitigate their fears, particularly those regarding confidentiality, it is important to know which data are protected under the law, who is subject to non-disclosure laws, and how to best respect the patients needs while also providing compliant care. Title E. General Provisions. [Statutory Authority: RCW 18.83.050 (5) and chapter 18.83 RCW. Third, few things carry such potential to disrupt a treatment as an adolescent's feeling that information was shared without his or her knowledge. OCR has organized certain FAQ's related to handling mental health information under HIPAA in two easy-to-access PDFs. They did not use protection. When parents understand that confidentiality is key to effective treatment, they may be more willing to respect their childs need for privacy. When Michael reached high school and expressed a wish that the therapist not speak with his mother, the therapist revisited the issue of confidentiality. The records that qualify as PHI vary by state. Published 2020 Jun 11. doi:10.1186/s12888-020-02659-0, Rowe SL, French RS, Henderson C, et al. Retrieved from http://www.ncsl.org/research/health/mental-health-professionals-duty-to-warn.aspx. The law is a blunt instrument, as the issue of minors and confidentiality well illustrates. Professionals take psychotherapy notes to analyze the contents of a conversation. Public Health Informatics Institute. (Child emancipation is when a minor becomes legally responsible for their own care before the age of 18.). Sec. A .gov website belongs to an official government organization in the United States. "Minor consent laws" allow minors to consent for their own care in specific situations and for specific services. Likewise, a therapist must act to protect the child if they believe the child may engage in self-harm or hurt others. Welcome to the updated visual design of HHS.gov that implements the U.S. 2014 Dec;48(12):1083-95. doi: 10.1177/0004867414555718, Zuckerbrot RA, Cheung A, Jensen PS, et al; GLAD-PC STEERING GROUP. Michael insisted that his mother not hear any of this. Physicians also have a responsibility to protect the confidentiality of minor patients, within certain limits. Minors generally cannot consent to treatment; a parent or guardian consents on the minor's behalf. What to do when an adolescent becomes sexually active, of course, is often a difficult issue. Legally speaking, people under the age of 18 do not typically have a right to confidentiality in therapy. What are the barriers, facilitators and interventions targeting help-seeking behaviours for common mental health problems in adolescents? The regulation prohibits disclosure of information that identifies an individual as a patient with an SUD without the patients written consent. * Up to eight, 90-minute mental health counseling sessions for ages 12-16. Because a child cannot legally consent to treatment, the parent often acts as a personal representative for the child. 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. <> A psychologist in this position should seek both legal counsel and consultation from colleagues. However, the therapist would still be required to protect the confidentiality of other treatment details, such as the childs sexual orientation or history of abuse. When the child is emancipated. 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). First, early in the relationship the psychologist should make clear what relationship she will have to each of the parties. a\ {qq|&p_2oDLrx.=)zq]g0E3X'b*sDbJGydj0yrV&3f0[r>jN\R\G2}'PXaO@DMjTB cE5}EQxjQ4t?^(rz*{arnZXp_.. o`pl+ZA5PY]oV,CO TJxU.dT$gp4* XoY4e!p)*8 58gOhh4DfAxm~i 45f o-C@&>M+'O_. State laws vary dramatically, so it is imperative for behavioral and mental health professionals to be fully aware and up to date on their own states requirements. Confidentiality/Minor Consent Laws For Educational Purposes Only PARENT/GUARDIAN CONSENT EXCEPTIONS A parent or guardian must provide consent on behalf of a minor (under age 18) before health care services are . Physicians have an ethical obligation to preserve the confidentiality of information gathered in association with the care of the patient. Adolescent minors who consent for their own care are entitled to many confidentiality "s`[LkH o\&`|8LO A parent generally has the right to request a childs medical record. Advancing psychology to benefit society and improve lives. Another option is to chat with someone via 988lifeline.org or contact . ( 32.01-32.39). 348 0 obj <> endobj A: It is most helpful to consider this question from three perspectives: that of law, of clinical practice and of ethics. There are exceptions. Opinion 3.2.1 Confidentiality Physicians have an ethical obligation to preserve the confidentiality of information gathered in association with the care of the patient. October 2021. Even when a parent is pressuring me for information, I am able to refer them to the minor's counsel, who will work to protect the childs confidentiality, says Lois Nightingale, PhD, a marriage and family therapist from Yorba Linda, California. 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; 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. 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 English, A., & Ford, C. A. Consent by minor to medical, dental, health or hospital services for child For minors, however, the right to privacy in therapy is limited. 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 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. Behnke, S., & Warner, E. (2002, March 1). Sessions take place 16-19 May, free of charge during lunchtimes. Minors may consent to certain services related to sexual and reproductive health, mental health, and drug and alcohol treatment. Additionally, though minors do not have a legal right to privacy from their parents, their right to privacy from third parties (employers, advertisers, etc.) A systematic review. 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 psychologist shall continue to treat information regarding a client as confidential after the professional relationship between the psychologist and the client has ceased. Inform the patient (and parent or guardian, if present) about circumstances in which the physician is obligated to inform the minors parent/guardian, including situations when: involving the patients parent/guardian is necessary to avert life- or health- threatening harm to the patient; involving the patients parent/guardian is necessary to avert serious harm to others; the threat to the patients health is significant and the physician has no reason to believe that parental involvement will be detrimental to the patients well- being. (Formerly Sec. 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. Available at: aap.org/en/advocacy/child-and-adolescent-healthy-mental-development/aap-aacap-cha-declaration-of-a-national-emergency-in-child-and-adolescent-mental-health/ Accessed October 18, 2022. (10) To appropriate law enforcement agencies, upon request, all necessary and relevant information in the event of a crisis or emergent situation that poses a significant and imminent risk to the public. hbbd```b``KA$ofIy"Y"09H)"wev1HiL lH=:.Nze{)k "BA$ku$XW ! Anyone experiencing a crisis can find help by calling or texting 988. Liability for costs. In his junior year, Michael began to experiment with drugs at all-night parties ("raves") attended by his high school classmates, which he was able to attend by telling his mother he was spending the night with a friend. Explore the minor patients reasons for not involving his or her parents (or guardian) and try to correct misconceptions that may be motivating the patients reluctance to involve parents. #{}}jc1X6fm;'_9 r:8q:O:8uJqnv=MmR 4 Myth: There is no hope for people with mental health issues. Take steps to facilitate a minor patients decision about health care services when the patient remains unwilling to involve parents or guardians, so long as the patient has appropriate decision-making capacity in the specific circumstances and the physician believes the decision is in the patients best interest. A minors decision-making capacity depends on many factors, including not only chronological age, but also emotional maturity and the individuals medical experience. When a teen is experiencing both anxiety and insomnia, which is best to treat first? In some cases, a parent may not have the right to information about their childs treatment. %PDF-1.5 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. For example, some parents may abuse or disown a child for their sexual orientation or behavior. As we see in the top section, Ohio law allows certain minors to consent to services based on their status. 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.. 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). Does a parent have a right to receive a copy of psychotherapy notes about a child's mental health treatment? This confirms that Dora is legally able to receive mental health services without her parents' consent. protected health information of a minor child as the child's personal representative, the potential . October 19, 2021. The therapist gently explored with Michael the reasons behind this refusal. As such, when minors seek abortion care, this may create a conflict between the value of confidentiality and the legal obligation to obtain parental consent. Below are a few notable highlights. Some parents may worry that secrets will undermine their relationship with their child. Or, a psychologist may conclude that sharing certain information would be helpful; if so, the ethical standards from the section on "Privacy and Confidentiality" give the psychologist permission to do so. Consult experts when the patients decision-making capacity is uncertain. 2020;20(1):293. Antidepressant Combination Therapy: Should it Be First-Line? PHI encompasses past, present, or future mental health status, provision of healthcare, and payment for care. By law, the attorney-client relationship is a confidential one. . There are exceptions. Pediatrics. Encourage the minor patient to involve his or her parents and offer to facilitate conversation between the patient and the parents. 2018;141(3):e20174081. The protected health information of individuals who receive drug and alcohol abuse treatment in federally-funded programs is subject to additional privacy protections under 42 USC 290dd-2 and 42 CFR 2.11 (Part 2). endstream endobj 349 0 obj <>/Metadata 41 0 R/Outlines 96 0 R/PageLayout/OneColumn/Pages 344 0 R/StructTreeRoot 127 0 R/Type/Catalog/ViewerPreferences<>>> endobj 350 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC/ImageI]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 351 0 obj <>stream This year to mark Mental Health Awareness Week, we've focused on the official theme of anxiety. Ethics. Title B. However, some therapists ask parents to agree to the therapists confidentiality rules before they will treat the client. CDC. A paradox thus arises: Good clinical treatment may require what the law generally refuses, that is, a zone of privacy. APA 2023 registration is now open! Those might include: In some contentious custody cases, a court may appoint a lawyer for the childoften called a guardian ad litemto represent the childs best interests. With adolescents, though, I sometimes struggle with whether to share information with a parent. Organization of Department of Mental Hygiene. From a clinical perspective, the situation is more complex. 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.". Examination and treatment of minor for venereal disease. When Your Child, Teenager, or Young Adult has Mental Illness: What Parents Need to Know about HIPAA, HIPAA Privacy Rule and Sharing Information Related to Mental Health. 19a-216. (Formerly Sec. Effect of legislative change on case law. As such, the adults are the ones consenting to the minor's treatment and have a right to review the full medical record. Some therapists require parents to consent to a certain level of confidentiality, even when state or federal law affords the child fewer confidentiality rights. Federal policies that pertain to childhood and adolescent mental health include: Health Insurance Portability and Accountability Act (HIPAA) HIPAA sets national standards for health information privacy and security and delineates who may use or disclose protected health information (PHI) without authorization from the individual patient. hbbd``b` +@HVHIX H"DHpE . The importance of confidentiality in therapy. is similar to that of adults. 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. The extent to which the psychologist explains the limitations on confidentiality will depend on the child's age and maturity. Home Terms of Service Privacy Policy Sitemap Subscribe to The GoodTherapy Blog. (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. Share sensitive information only on official, secure websites. 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. The Rule is carefully balanced to allow uses and disclosures of informationincluding mental health informationfor treatment and certain other purposes with appropriate protections. pQ :5QHOp@^\ j.Z@v (c) Disclose or disclosure.
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