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Whether the parent have rights to a minor's record depends on the state the minor lives in and whether you are talking about medical, mental health or substance abuse issues.
In regards to the laws, they may be a little strict, but they do serve the purpose of protecting the minor in cases where the parent shouldn't have access to the child's record. Keep in mind that all parents aren't good parents. Some parents abuse their children (physically and mentally.) Some molest their children. If a child reaches out for help, this is one way of making sure that aren't any barriers in place of them receiving it.
But what if a minor pays for their own care---ie. went to a clinic themselves.
In general, it depends on the state you reside in and the age of the minor. It also depends on what the minor went to the clinic for. For example, if it involved a substance abuse issue, the minor would have to consent prior to the parent receiving any information. Again, this is a general answer.
In regards to the laws, they may be a little strict, but they do serve the purpose of protecting the minor in cases where the parent shouldn't have access to the child's record. Keep in mind that all parents aren't good parents. Some parents abuse their children (physically and mentally.) Some molest their children. If a child reaches out for help, this is one way of making sure that aren't any barriers in place of them receiving it.
In general, it depends on the state you reside in and the age of the minor. It also depends on what the minor went to the clinic for. For example, if it involved a substance abuse issue, the minor would have to consent prior to the parent receiving any information. Again, this is a general answer.
Do these clincs generally verify age in other parts of the country??? I remember going when I was 16 and being able to use a fake name, paying out of pocket, and receiving care. This was in New York and not too long ago. This was because my mother did not believe I needed to see doctors, and if she found out I was going to see a gyn (normal checkup), she would hit me.
Are parents generally respectful of teens privacy? Like, any mothers here wait in the room while a gyn performs an exam on their teenage girl? I'm just curious how the teens feel about this, and what boundaries parents think there should be.
I have always worked in the medical field and know this and know from experience with my own kids. Until they turn 18, the medical records are open to parents. Once the kid turns 18, they are now an adult and the parent is not allowed in at appts unless the kid gives permission and likewise, that kids medical record is off limits to the parents.
Children under 18 do not have privacy unless mandated by a court order, i.e., they have been emancipated, etc...
I would think that if a parent were in a situation with their minor child whom they have taken to the doctor for a medical issue, then denies care that depending on the doctor and the issue, the oness would be on the doctor to report the patients mother / father for neglect.
To be honest though, I have never personally heard in all of my years working for doctors and / or with my own kids of a kid being able to say that they don't want the parent in the room. I'm pretty up on my HIPAA laws, or so I thought.
Maybe it's Texas then. My wife's a nurse at a pediatrician's office. She says that they often have to ask the parent to leave or they can't treat the child (if the child requests it). She feels bad when children are diagnosed with things the parent should know about (sexual activity that has led to venereal disease, etc.), but she gets frustrated that they can't tell the parent without the child agreeing.
Im glad for this because some things I just dont want my parents to know. I will share with them when they need to know or if they need to know but I feel after Im no longer considered a minor I should have some rights. But I also feel its not fair for the parent to be expected to pay for my medical treatment/meds if the person receiving them is not willing to fess up to what they are going for. Like say when I was in college and I had a slip up with my boyfriend, I paid for my own visit to the doctor to get an STD test and pregnancy test, I would never ask my parents to pay without telling them why. If Im not willing for them to know then Im prepaired to pay for medical treatment on my own. Great topic though!
Maybe it's Texas then. My wife's a nurse at a pediatrician's office. She says that they often have to ask the parent to leave or they can't treat the child (if the child requests it). She feels bad when children are diagnosed with things the parent should know about (sexual activity that has led to venereal disease, etc.), but she gets frustrated that they can't tell the parent without the child agreeing.
It kinda forces them to be responsible. This happened to my play sister when she wa sin high school, I had to take her to the doctor and help pay for her meds so she could keep this from her parents. I understood her not wanting her parents to know but I told her she has to be more responsible and accountable for her actions now. Her parents thought she was a virgin until last year when she got pregnant. Sometimes I thinkt his could have been prevented because if her parents knew about her VD then Im sure they would have kept her on a tighter leash but then again she didnt learn her lesson so she brought this on herself. i was "paying for her freedom" by helping with the medical costs but sometimes people need a parent and not a sister
I always thought that under the age of 18, the parents had both legal control/responsibility and the right to their chilid's medical records; but that once age 18 is reached, that all becomes the responsibility of the child (who is technically no longer a child, but an adult). So I was surprised to read in the OP that 'A child (under 18) still living with the parents has the "right" to medical privacy' and am curious to know which state that applies to. It definitely does not apply here in NY. Here, it doesn't matter where the child lives: If he is under 18 the parent has a right to know. If he's over 18, the parent no longer has a right to know.
I do understand the provision quoted above, specifically about sex-related medical matters, for a child between the ages of 12 and 18, giving medical confidentiality ONLY in those cases. IMO that is a special situation. Sad that it should be needed but it is. I do agree that parental oversight/control should have the right to be suspended in that kind of situation but again, AFAIK if the person is under 18 don't most states require the appointment of a guardian ad litem when it comes to sensitive medical situations??
I think the reasoning behind the sex-related matters is because some parents could have extremely biased views if they knew what their sons/daughters were engaging in. Sex related matters regardless of age are given the utmost protection regardless of age though.
An extreme example, if parents did not consent to their 17 year-olds abortion, then this would have lifelong consequences. Hence, in many states, it is the minor's decision.
Historically though, parents have physically/emotionally abused their children when they have found out they were not virgins. Therefore, a physician relaying this information to the parent can potentially harm the child.
I also believe that if a minor is able to have sex, they are able to deal with the consequences of it---including their medical decisions. I know most would disagree (especially parents), but that is my opinion.
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