mental health confidentiality laws for minors
Receive the latest updates from the Secretary, Blogs, and News Releases. (7) To law enforcement officers or public health officers as necessary to carry out the responsibilities of their office. Title D. Alcoholism and Substance Abuse Act. 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. Legally speaking, people under the age of 18 do not typically have a right to confidentiality in therapy. pQ :5QHOp@^\ j.Z@v The extent to which the psychologist explains the limitations on confidentiality will depend on the child's age and maturity. doi:10.1542/peds. connection with mental health services. I recognize that unauthorized release of confidential information may subject me to civil liability under state law. ( 36.01-36.03). 2014 Dec;48(12):1083-95. doi: 10.1177/0004867414555718, Zuckerbrot RA, Cheung A, Jensen PS, et al; GLAD-PC STEERING GROUP. 0 Confidentiality. The law. Certainly, however, adolescents should be told that serious threats of harm to self or others will not be kept confidential. services and compulsive gambling services. PDF Illinois Confidentiality/Minor Consent Laws - Adolescent Health Initiative 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. The HIPAA privacy rule and adolescents: Legal questions and clinical challenges. They must also be confident that their therapist will not share this information with third parties. When Michael reached high school and expressed a wish that the therapist not speak with his mother, the therapist revisited the issue of confidentiality. For minors, however, the right to privacy in therapy is limited. When Do Minors in Therapy Have a Right to Confidentiality? These ethical standards again recommend several points. 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. 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+ Fourth, at times a psychologist will be mandated to disclose information. From a clinical perspective, the situation is more complex. 2 0 obj This includes: A minor may consent to health care services without a parent/guardian's permission if they are: o 15 years of age or older and Share sensitive information only on official, secure websites. or discuss the patient's mental health information with family members or other persons involved in the . . Finally, a psychologist may feel strongly that revealing information to a parent could harm the patient or be destructive to the treatment. Written consent is required to disclose PHI under IDEA unless records in certain cases to the officials of participating agencies, in cases were FERPA allows disclosure, permissible disclosure to a child welfare agency, or if the information is de-identified. The regulation prohibits disclosure of information that identifies an individual as a patient with an SUD without the patients written consent. PDF Adolescent & Young Adult Health Care in Minnesota - NAHIC PDF HIPAA Privacy Rule and Sharing Information Related to Mental Health
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