How does patient confidentiality work with minors?

Physicians also have a responsibility to protect the confidentiality of minor patients, within certain limits. 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.

Do minors have a right to privacy from their parents?

If a minor has consented to treatment under a state law that allows for it, the Privacy Rule generally lets the minor exercise his or her own privacy rights. Yet the general rule under HIPAA is that the minor’s parent or guardian exercises the minor’s privacy rights.

When do you need to protect the confidentiality of a minor?

“When counseling minor clients or adult clients who lack the capacity to give voluntary, informed consent, counselors protect the confidentiality of information received — in any medium — in the counseling relationship as specified by federal and state laws, written policies and applicable ethical standards.” B.5.b.

Can a social worker disclose confidential information to a minor?

However, in other states, the law prohibits social workers’ disclosure of confidential information to parents without the minor’s explicit consent in an effort to encourage minors with substance abuse problems to seek treatment. Some state laws require involvement of one or both parents in minors’ abortion decisions.

Is there a limit to confidentiality in counseling?

Nonetheless, there are a number of critical limits of confidentiality in counseling. In some cases, due to forces outside your and your client’s control, your client can’t expect you to keep their disclosures private.

Can a minor consent to the treatment of a parent?

The law is a blunt instrument, as the issue of minors and confidentiality well illustrates. Minors generally cannot consent to treatment; a parent or guardian consents on the minor’s behalf. There are exceptions.

When to break confidentiality in counseling?

Counselors must break confidentiality in some circumstances, for example, when clients state that they plan to harm themselves or others or when abuse is present. Counselors need to violate confidentiality in these situations and report to appropriate authorities.

What are the medical privacy laws for minors?

Under the HIPAA privacy rule, adolescents who legally are adults (aged 18 or older) and emancipated minors can exercise the rights of individuals; specific provisions address the protected health information of adolescents who are younger than 18 and not emancipated.

What are federal laws on confidentiality?

In the substance abuse field, confidentiality is governed by federal law (42 U.S.C. § 290dd-2) and regulations (42 CFR Part 2) that outline under what limited circumstances information about the client’s treatment may be disclosed with and without the client’s consent.