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Does the APA Ethics Code provide guidance? Therapeutic confidentiality is key to effective treatment for numerous reasons, including building and preserving a strong therapeutic alliance. The HIPAA Rules are designed to protect the privacy of all of an individuals identifiable health information and to ensure that health information is available when needed for treatment and other appropriate purposes. This includes: A minor may consent to health care services without a parent/guardian's permission if they are: o 15 years of age or older and For more articles and continuing education courses on ethical therapy, join GoodTherapy today! Michael's therapist used these points as a guide. PDF HIPAA Privacy Rule and Sharing Information Related to Mental Health Below are a few notable highlights. Examination and treatment of minor for venereal disease. detrimental to the mental and physical health of children, often producing severe and enduring psychological trauma. The issue of confidentiality became more complicated during Michael's junior year, when the therapist felt that certain information should be shared and Michael refused. endstream endobj 101 0 obj <. By law, the attorney-client relationship is a confidential one. HIPAA and Personal Representatives for Adults and Minors. or discuss the patient's mental health information with family members or other persons involved in the . We summarized state laws and regulations on minor consent for the following: health services, substance abuse treatment, prenatal care, mental health care, contraceptive management, immunizations, sexually transmitted infection management, human immunodeficiency viruses testing and treatment, dental care, and sexual assault evaluation. The specific ways the law protects confidentiality depend on whether a patient is a minor or an adult and whether the patient can legally consent to their own care. Aust N Z J Psychiatry. In most cases, a therapist will provide the child and their parents with a HIPAA disclosure statement that offers details about how and when treatment information may be disclosed to others. mental health law: an overview. The importance of confidentiality in therapy. But often, the information they dont want disclosed is the information that is most important for them to discuss in therapy. I. Nondisclosure Laws - (Prohibiting Disclosure Without Patient Consent) Statutory Law: Mental Health Records are Confidential - 33-3-103 Substance Abuse Records are Confidential & Privileged - 33-10-408 Regulatory Law: Patient's Right to Confidentiality - TN. The rules must include, but need not be limited to, the requirement that all evaluators and researchers sign an oath of confidentiality substantially as follows: "As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I,. Confidential information under this section may be disclosed only: (1) In communications between mental health professionals to meet the requirements of chapter 71.34 RCW, in the provision of services to the minor, or in making appropriate referrals; (2) In the course of guardianship or dependency proceedings; Today the Code is widely recognized as authoritative ethics guidance for physicians through its Principles of Medical Ethics interpreted in Opinions of AMAs Council on Ethical and Judicial Affairs that address the evolving challenges of contemporary practice. From a clinical perspective, the situation is more complex. Even when a parent is pressuring me for information, I am able to refer them to the minor's counsel, who will work to protect the childs confidentiality, says Lois Nightingale, PhD, a marriage and family therapist from Yorba Linda, California. A minor who is "fifteen years of age or older, whether with or without the consent of a parent or legal guardian, may consent to receive mental health services" (C.R.S., 27-65-103). Connecticut Law About Rights of Minors An official website of the United States government. Confidentiality and disclosure generally (a) In general. "Don't Tell My Mom": A Guide to HIPAA Compliance for Minor Patients This confirms that Dora is legally able to receive mental health services without her parents' consent. (2) In the course of guardianship or dependency proceedings; (3) To the minor, the minor's parent, including those acting as a parent as defined in RCW, (4) To the courts as necessary to administer chapter. endstream endobj startxref A: It is most helpful to consider this question from three perspectives: that of law, of clinical practice and of ethics. October 19, 2021. October 2021. Available at: https://phii.org/wp-content/uploads/2020/08/Summary-of-Laws-Related-to-CAMH.pdf Accessed October 19, 2022. Public Health Informatics Institute. Related services include speech therapy, occupational therapy, physical therapy, rehabilitation, nursing services, counseling, and transportation. However, the therapist would still be required to protect the confidentiality of other treatment details, such as the childs sexual orientation or history of abuse. A minor is an person who is in the regulatory date of full statutory rights and mission. (SAMHSA), Supporting Child and Student Social, Emotional, Behavioral, and Mental Health Needs (U.S. Dept. A compromise was reached whereby the therapist would speak to Michael's mother only with Michael present. Myth: Therapy and self-help are a waste of time. With rare exceptions, patients are entitled to decide whether and to whom their personal health information is disclosed. Nevertheless, some are on the edge and require judgment calls. Mental health professionals who meet our membership requirements can take advantage of benefits such as: Copyright 2007 - 2023 GoodTherapy, LLC. hWmO8+:qNDZU*ea+Gqz!6fuJyy2o4. State laws vary dramatically, so it is imperative for behavioral and mental health professionals to be fully aware and up to date on their own states requirements. HIPAA recognizes that some patients (including those with a mental illness or substance use disorder) may be unable to make their own health care decisions, including decisions related to health information privacy. Given the sensitive nature of mental health and substance use disorder treatment information, OCR is providing this guidance addressing HIPAA protections, the obligations of covered health care providers, and the circumstances in which covered providers can share informationas applied to this context. (18) Pursuant to a lawful order of a court. (Formerly Sec. The therapist gently explored with Michael the reasons behind this refusal. A psychologist in this position should seek both legal counsel and consultation from colleagues. The duty to warn others when a client poses an imminent threat can present several ethical dilemmas. a\ {qq|&p_2oDLrx.=)zq]g0E3X'b*sDbJGydj0yrV&3f0[r>jN\R\G2}'PXaO@DMjTB cE5}EQxjQ4t?^(rz*{arnZXp_.. o`pl+ZA5PY]oV,CO TJxU.dT$gp4* XoY4e!p)*8 58gOhh4DfAxm~i 45f o-C@&>M+'O_. It will be periodically updated with additional information. Confidentiality in the treatment of adolescents. The HIPAA privacy rule and adolescents: Legal questions and clinical challenges. However, there are numerous laws that apply to child and adolescent mental health and privacy, creating a complex legal landscape in which federal, state, and local laws overlap. The psychologist shall continue to treat information regarding a client as confidential after the professional relationship between the psychologist and the client has ceased. Comp. 2001). Michael insisted that his mother not hear any of this. Confidentiality in the treatment of adolescents 2 0 obj Take steps to facilitate a minor patients decision about health care services when the patient remains unwilling to involve parents or guardians, so long as the patient has appropriate decision-making capacity in the specific circumstances and the physician believes the decision is in the patients best interest. Consent furthermore Confidentiality Laws with MN - MN Dept. The Age of Consent for Mental Health Treatment by State | ICANotes PDF Confidentiality/Minor Consent Laws - Adolescent Health Initiative This year to mark Mental Health Awareness Week, we've focused on the official theme of anxiety. These ethical standards again recommend several points. * Up to eight, 90-minute mental health counseling sessions for ages 12-16. Michael's therapist shared her concerns with Michael about these activities and about what she perceived to be his excessive fear that his mother "couldn't know anything about" these activities. When Michael reached high school and expressed a wish that the therapist not speak with his mother, the therapist revisited the issue of confidentiality. So even when a minor has no right to confidentiality from a parent, they still have a right to privacy from third parties. When discussing a healthcare providers legal and ethical responsibilities related to patient confidentiality, it is all too common for the conversation to begin and end with the Health Insurance Portability and Accountability Act, commonly known as HIPAA. Consider also three standards under "Privacy and Confidentiality." This guide is dedicated to addressing teen concerns about confidentiality laws, minor consent laws, and reporting responsibilities for healthcare providers in an effort to increase access to and use of youth-friendly healthcare in Mississippi. Rules & Regs. Confidentiality and Consent in Adolescent Substance Abuse: An Update Some special circumstances, which were discussed, include the right of the patients and guardians to refuse psychotropic medication and the specifics of the rules regarding electro-convulsive therapy of minors. Legally speaking, people under the age of 18 do not typically have a right to confidentiality in therapy. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Retrieved from https://www.hhs.gov/hipaa/for-professionals/faq/2094/does-parent-have-right-receive-copy-psychotherapy-notes-about-childs-mental-health-treatment.html. I work with adolescents, and am not clear about my ethical obligations concerning confidentiality. A. c. 123, 10; 104 CMR 27.06(1); 110 CMR 11.16(2). When a court order specifically prohibits the parent from accessing the child's information. PDF Confidentiality/Minor Consent Laws - Adolescent Health Initiative