Consent to Treatment and Confidentiality Provisions Affecting Minors in Pennsylvania

• NCJ Number: 211631
• Author(s): Lourdes M. Rosado Esq.
• Date Published: January 2006
• Length: 73 pages
• Corporate Author: Juvenile Law Ctr
• Sale Source: Juvenile Law Ctr
• Publication Format: Document (Online)
• Publication Type: Policy/Procedure Handbook/Manual
• Language: English
• Country: United States of America
• Note: Downloaded on October 13, 2005.

Annotation

This manual provides guidance to health and mental health providers who directly treat minors, as well as those who assist youth in obtaining health care on laws and regulations relating to consent to treatment and confidentiality of records in the State of Pennsylvania.

Abstract

While there are many legal provisions regarding consent and confidentiality, child-serving professionals in the State of Pennsylvania often encounter situations that the law does not directly address. In addition, there are times when two or more legal provisions seem to contradict each other. One of many goals of this manual is to identify and navigate those gray areas. Overall, the manual is designed to provide guidance to health care providers who directly treat minors, as well as those child-serving professionals who assist youth in obtaining health care. There are a number of State and Federal laws and regulations that govern the ability of minors to consent to their own medical testing and treatment. In addition, those professionals involved in serving youth must be familiar with the legal requirements regarding confidentiality of records. The manual is divided into two primary parts: (1) the consent to medical treatment and health care services and (2) the confidentiality of minors’ health care records. With regards to both consent and confidentiality, the manual provides information related to mental health treatment and substance abuse treatment. In relation to consent for treatment or services, the manual provides additional information on emergency situations, when minors have children, when minors are in the child welfare system, and when minors are involved in the delinquency system. In relation to the confidentiality of records, the manual provides additional information on HIV-related records, health care records maintained by schools, health care records of minors in the child welfare system, and health care records of minors in the delinquency system. Appendixes A-D