13 See Civil Code 56.107. The general rule is the person who has the right to access the treatment records has the right to authorize for disclosure or release of the information.3 It is not uncommon for therapists who treat minors to be presented with requests from parents to access or obtain copies of the minors treatment records. WebGet started with the second revised edition of Understanding Confidentiality and Minor Consent in California module of the Adolescent Provider Toolkit series, produced jointly by the Adolescent Health Working Group and PHIs Moreover, CAMFT obtained Legislative Counsels opinion to help provide authoritative guidance to our members on this topic. In this scenario, the minor was lawfully authorized to consent to the mental health treatment and consented to treatment. Following are frequently asked questions regarding the free CHA Manuals app. Code 6924; H&S Code 124260; Fam. The Consent Manual is your one-stop resource for all legal requirements related to patient consent for medical treatment, release of medical information, reporting requirements and more. One interpretation is therapists are required to obtain a written authorization from the parent(s) who consented to the treatment, and not the minor patient. The complicating factor is that the parts of law referenced in this code section are no longer in existence (meaning, they have been repealed by the Legislature years ago). Microsoft PowerPoint 2013 WebIn California, we have minor consent laws who enable young people aged 12 press over up consent to some services. (Current. According to the California Health Care Foundation, 13.4% of Californians ages 12 to 18 meet the criteria for a substance use disorder. Over the last few decades, we have seen an expansion of policies and laws that acknowledge a minors desire to seek healthcare on their own without parental consent. All rights reserved. California Civil Code section 56.1007 allows for therapists to disclose confidential information to parents involved in the minors care if the minor 1) is made aware and agrees; and 2) the minor was given the opportunity to object, but the minor does not. The law, signed by the Governor on Sept. 29, will make a critical difference for many California youth who have been unable to obtain care. In this article, Bradley J. Muldrow, JDprovides an overview of the 2010 minorsconsent law, Health and Safety CodeSection 124260. Civil Code section 56.11(c) which governs the authorization for the release of confidential information specifies that a patient who is a minor must sign an authorization for the release of confidential information for a service to which the minor could lawfully have consented under certain parts of the law. WebWhat is a HIPAA Business Associate? CLAIM: A proposed California bill would allow school mental health professionals to remove minors from the custody of their parents or guardians who dont consent to the child receiving gender-affirming surgeries. 1 See Family Code Section 6924(b). This new Minor Consent Law does not supersede or replace the existing Minor Consent Law under Family Code 6924. New CA Minor Consent Law Increases Teens Access to Mental Health Care, In win for youth, Supreme Court upholds individuals' ability to enforce rights, Advocates urge Supreme Court to uphold individuals' ability to enforce essential rights; decision could impact millions of children's access to food, healthcare, We Join Advocates to Stand Against Hateful and Harmful Laws Targeting Trans Youth and Their Families. Should a minors Medi-Cal plan agree to cover minors consent-based services, the minors therapist should consider informing the minor that benefits statements and/or other communications from Medi-Cal may alert the minors parent(s) or guardian(s) that the minor is receiving treatment. Updated 2010), Consent to Medical Treatment for Foster Children: California Law, A Minors Right to Abortion in California. If so, the therapist should discuss this possibility with the minor and, if the minor agrees, obtain a release of information authorizing such communication. c. Processing Minor Consent Eligibility While state laws typically govern who Increasing reason health maintain needs for minors present ampere range of legal issues for children, our, mental care providers and human care payors. This document comparesthe two. At the outset of treatment via minors consent, a therapist should determine the level of communication, if any, their minor patient would like for the therapist to have with the minors parent(s) or guardian(s). Brad is available to answer member calls regarding legal, ethical, and licensure issues. You have people. That said, given that the newer law applies in more circumstances than the older law, this article will focus on the steps for providing treatment via minors consent in compliance with the newer law. With the passage of such consent laws, we have also seen enactment of laws recognizing minors right of confidentiality including the rights to access, inspect, addend, and authorize for release of their own medical information. AB 1184 protects the rights and confidentiality of minors consenting to their own treatment in two key ways: Health Plans May Not Require Parent or Guardian Authorization for Minors Consent-Based Treatment 5 Health and Safety Code Section 124260(c). The Minor Consent program provides that a minor may, without parental consent, receive services related to sexual assault, pregnancy and pregnancy-related services, family planning, sexually transmitted diseases, drug and alcohol abuse, and outpatient mental health treatment and counseling. Scheduled to take effect Pearson noted that if lawmakers only wanted to remove the parental consent requirement for minors on Medi-Cal to receive mental health services, they could All instances of the search term in the manual will be displayed, with links that take you directly to the desired location. Alternatively, the therapist may determine that the minor is intimidated by their parents and may not be as forthcoming during treatment if their parents are notified about the minors treatment. Parents have expressed they believe the minor is distracted by the Internet and is an underachiever in school. Throughout treatment, the minor has disclosed that parents are too strict and she cannot live up to their expectations. To end the inappropriate, indefinite, and With this interpretation, the therapist could rely on Health & Safety Code section 12115 (similar to the analysis in Scenario #2) to deny a parents request for disclosure of treatment records/information. This discussion may include issues, such as: Following this discussion, the provider should ensure that the minor patient signs a release of information authorizing the therapist to engage in the agreed-upon communication with their parent(s) or guardian(s). Once a teen begins counseling or treatment, SB 543 provides for the involvement of the teen's parent or guardian, unless the mental health professional determines that the involvement would be inappropriate. In California, under not just one but two medical emancipation statutes, minors 12 and older can consent to outpatient mental health WebCalifornia consent and confidentiality rights of minors: CALIFORNIA MINOR CONSENT LAWS Below are services minors may consent to without parent/guardian permission WebMinors may consent to certain services related to sexual and reproductive health, mental health, and drug and alcohol treatment. Crisis Response Education and Resources Program, Copyright 2023 by California Association of Marriage and Family Therapists. The Consent Manual addresses state and federal health care law through June 2021, and has been updated to discuss: Requirements that childrens medical Scheduled to take effect January 1, the law will allow children ages 12 and older to consent to their own mental health care if a mental health professional deems them mature enough to intelligently participate in treatment. Code 6929(b)) Under the Medi-Cal Minor Consent program, minors age 12 and older may consent to their own drug and alcohol abuse treatment and The Legal Department articles are not intended to serve as legal advice and are offered for educational purposes only. Existing law, for some purposes, authorizes a minor who is 12 years of age or older to consent to mental health treatment or counseling on an outpatient basis, or Updated 2016). The information provided should not be used as a substitute for independent legal advice and it is not intended to address every situation that could potentially arise. The law requires therapists to consult with minors prior to determining whether it is appropriate to notify their parent(s) or guardian(s) that they will be receiving treatment via minors consent. About Us | Chapters | Advertising | Join. Please be aware that laws, regulations and technical standards change over time. would allow the therapist to effectively treat the minor. Californias Minor Consent Substance Use Disorder Minors Consenting to Their Own Treatment May Designate Alternative Methods for Receiving Treatment-Related Communications from Health Plans (Current. Confidentiality of the treatment is generally protected unless the law requires or permits disclosures. Enclosed with the request is an Authorization Form signed by both parents. The Therapist For example, minors can consent to outpatient mental health treatment and even counseling through a qualified professional, but cannot consent to inpatient treatment, drugs, or psychosurgery. parents or guardians are deceased, in prison, deployed in the military, etc.). The Panel has no authority to regulate any of the above laws. This article is not intended to serve as legal advice and is offered for educational purposes only. After determining the minor meets the Minor Consent Law criteria to consent, the therapist resumes therapy with the minor. Practice Pointer 2: The Decision is Yours As a young gay high school student, Benji endured name-calling and bullying. Upset with the turn of events, the therapist receives a request for release of the minors records from both of the minors parents with a note that they are going to file a BBS complaint if the therapist does not release the records. Although Section 124260 authorizes therapists to offer treatment via minors consent in appropriate circumstances, some therapists work for employers that do not permit such treatment. An SED child may apply for minor consent services. CHA will strictly enforce the terms of this Limited Use License. In most cases, parents must consent to health care on behalf of their minor children. The father has called the therapist a few times in an attempt to find out what his son has been telling the therapist in sessions. Exceptions to confidentiality still apply in these situations, such as suspected child abuse reporting, Tarasoff, harm to self and others, etc. A clinic or school cannot adopt a policy that requires obtaining parent consent for these services, as such a policy would conflict with state constitutional and statutory law. WebThis right includes covered gender affirming health care and gender affirming mental health care, and is subject to existing laws governing consent to health care for minors and nonminors and does not limit, add, or otherwise affect applicable laws governing consent to CHA members may download PDFs forallCHA manuals, from thepublications download library; the free CHA Manuals App may be downloaded from theApple App Storeor theGoogle Play Store. Conclusion As a result, the therapist must obtain a signed Authorization Form from the minor patient to release their confidential information, or any part of the treatment record, to parents. Does the minor understand the goals fortheir treatment? He felt isolated and depressed, and eventually tried to kill himself. Californias Minor Consent Mental Health Laws: A Side by Side Comparison, Californias Minor Consent Substance Use Disorder Treatment Law: Frequently Asked Questions about Family Code 6929, Sexual and Reproductive Health Care for Foster Youth: Minor Consent Law in California, Consent to Treatment for Youth in Juvenile Justice By Custody and Placement, Consent to Treatment For Foster Youth By Custody And Placement, Sample Consent Forms for School Based Health Programs, Frequently Asked Questions: Using the California Caregiver Affidavit as a Non-Relative or Relative Sponsor of Unaccompanied Immigrant Youth, Minor Consent, Confidentiality, and Mandatory Reporting of Child Abuse in California, Understanding Confidentiality and Minor Consent in California, Consent to Medical Treatment for Foster Youth, Consent to Treatment for Youth Involved in the Juvenile Justice System, PrEP and PEP for Minors: FAQs about Consent, Access, and Confidentiality in California, Consent to Medical Treatment for Foster Children: California Law, A Minors Right to Abortion in California, The Federal Title X Family Planning Program: Privacy and Access Rules for Adolescents. Please be aware that laws, regulations and technical standards change over time. Once the app is installed on your mobile device you will be prompted to Login and set your password. As a result, it is important to verify and update any reference or information that is provided in the article. Practice Pointer 3: Communicating with Parents or Guardians for Emergency Purposes 9 See Health and Safety Code Section 124260(b)(2). Must the therapist release the record to father? As a result, it is important to verify and update any reference or information that is provided in this article. This would apply, albeit the parent makes appointments, fills out intake forms, signs the consent forms, and pays for the services. The date(s) on which the therapistattempted to notify the parent or guardianthat the minor will be consenting to theirown treatment and whether the therapistsnotification efforts were successful; or. The information provided should not be used as a substitute for independent legal advice and it is not intended to address every situation that could potentially arise. Minor Consent for Mental Health Treatment 2023 Consent Law Seminar Livestream Participant Information Page, Advancing LGBTQ+ Health Equity with the Healthcare Equality Index Participant Information, Requirements that childrens medical exemptions for immunizations be done electronically, Prescriber access to CURES activity reports and new rules for prescribers, Telehealth examinations, and evaluations of involuntarily detained mental health patients, Training requirements for mandated reporters and a new mandated reporter classification, Patients Rights and Interpreter Services, Who May Consent for Adults Lacking Capacity, Refusal of Treatment and End-of-Life Issues, Medical Procedures and Interrogations Requested by Law Enforcement, Admission and Registration Documents, Arbitration and Liens, Discharge Planning, Patient Transfersand Related Issues, Voluntary Admission and Involuntary Detainment for Mental Health Treatment, Mental Health Patients: Rights and Reporting, Reporting Communicable Diseases and Other Patient Conditions. In the past, most Medi-Cal plans required such authorization. The mental health treatment or counseling of a minor must include the involvement of the minors parent or guardian, unless the therapist, who is treating or counseling the minor, after consulting with the minor, determines that the involvement would be inappropriate. %PDF-1.5 % I love it, it covers everything! TuRae Fazio, CPHRM,Director, Risk Management Claims & Insurance,MemorialCare Health System, We always feel we are standing on solid ground when we consult the Consent Manual No other resource addresses California-specific issues at this level of detail. Edward Fabi, Registered In-House Counsel, Sutter Health, I have yet to have a question that the Consent Manual content could not address. Marianne Padden, Director, Risk Management/Regulatory Compliance, Providence Little Company of Mary Medical Center Torrance, The Consent Manual gives me good depth of information, and having the citations right there saves a lot of legal research time. Kelley Evans, Senior Counsel, Dignity Health, The Consent Manual is a comprehensive and reliable resource that we can refer to for a quick answer to almost any question about consent in the hospital setting its a must-have for risk managers, legal counsel, and anyone in hospital operations. Karen Weinstein, Senior Counsel, MemorialCare Health System. the Minor Consent Laws). Should this occur, the therapist must: 1) identify the level of parent / guardian communication they believe is clinically necessary to effectively treat the minors concerns; and 2) determine whether the minor would agree to allow such communication.