Does a Parent Need to Consent to Psychiatric Treatment of a Minor in Idaho?
Full Question:
Answer:
Over the last 30 years, states have passed laws explicitly authorizing minors to consent to health care related to sexual activity, substance abuse and mental health care. Although some states give doctors the option of informing parents that their minor son or daughter has received or is seeking these services, these laws leave the decision of whether to inform the parents entirely to the discretion of the physician as to the best interests of the minor.
The answer depends in part on what the issue being questioned about is, such as a mental health issue or criminal investigation. For example, a minor may seek treatment for many infectious, contagious, or communicable diseases in Idaho without parental consent. Federal HIPAA law permits the minor to exercise control over his or her own records if, under applicable state law, he or she did obtain or could obtain the health care for which the records are being sought without the requirement of parental consent, and if the minor did not ask for the parent to be treated as a personal representative, 45 C.F.R. 502(g)(3)(i). Thus, if state law permits a minor to seek mental health treatment without parental authority, the minor can exclude parents from seeing his or her records and from authorizing access to the minor's records. This is true even if the parents have consented to the treatment. If the minor could have legally received the treatment solely on the basis of his or her consent, the fact that the parents did consent to the treatment does not necessarily entitle them to see or authorize access to the records.
A child's chances at blocking his parents' access to his or her records increases even more if the records sought are specifically records maintained by mental health professionals of treatment sessions. First, most states have confidentiality statutes prohibiting mental health professionals from disclosing such records without the client's permission, and few of those statutes contain exceptions for the age of the client.
For further discussion, please see:
http://www.liberator.net/articles/McElroyWendy/DoctorsQuestions.html
http://askthejudge.info/can-i-visit-the-doctor-without-my-parents-permission/58/
http://unitedcivilrights.org/members/HIPAA/HIPAA-parent-info1.pdf
Please see the following ID statute:
39-3801. Infectious, contagious, or communicable disease —
Medical treatment of minor 14 years of age or older — Consent of
parents or guardian unnecessary. —
Notwithstanding any other provision of law, a minor fourteen
(14) years of age or older who may have come into contact with
any infectious, contagious, or communicable disease may give
consent to the furnishing of hospital, medical and surgical care
related to the diagnosis or treatment of such disease, if the
disease or condition is one which is required by law, or
regulation adopted pursuant to law, to be reported to the local
health officer. Such consent shall not be subject to
disaffirmance because of minority. The consent of the parent,
parents, or legal guardian of such minor shall not be necessary
to authorize hospital, medical and surgical care related to such
disease and such parent, parents, or legal guardian shall not be
liable for payment for any care rendered pursuant to this
section.